Loading...
HomeMy WebLinkAbout12/13/1990CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 13th, 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, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Following a reception for the Mayor held at Redwood Community Center, Mayor Branning called the meeting to order at 8:10 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Holton, seconded by Savanick, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Molton, approving the minutes of the regular meeting of November 20th, 1990, as written. Ayes - 5 - Nays - O. NOV. 20, 1990 MINUTES NOV. 29, 1990 MINUTES AUDIENCE DISCN. MOTION: of Holton, seconded by Goodwin, approving the minutes of the special meeting of November 29th, 1990, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. Jack Wilson, RING ROUTE 965 Redwood Drive, questioned snowplowing methods for the ring route SNOW REMOVAL streets and sidewalks. He asked why streets were not plowed to their full width and why new machinery was needed. Mr. Melena said the cost of maintenance was considered in planning for the project. Some of this equipment would have been needed regardless of the ring route and can be used to clear cul de sacs. Mr. Gretz said because of the type of snow in the recent storm, it could not be removed with a loader. The new equipment arrived today and the streets will be plowed to full width in addition to removing snow from sidewalks. MOTION: of Goodwin, seconded by Humphrey, removing Carrollton Commercial plat approval from the agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA RES. 1990-229 D & B PROPERTY DONATION CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-229 accepting, with thanks, the donation of 3.73 acres of property, valued at $81,200.00, for a firearms range facility from Dun & Bradstreet Software Services, Inc. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 2 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-230 accepting, with thanks, the donation of $500.00 to be used to benefit the youth of the City from Barton Sand & Gravel Co. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-231 accepting, with thanks, the donation of equipment for Eastvtew Athletic Complex, valued at $7,351.96, from Valley Athletic Association. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-232 accepting, with thanks, the donation of $75.00 toward the cost of "Haunted Trails" on October 31, 1990, from First Bank Apple Valley. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-233 accepting, with thanks, the donation of flowers, valued at $20.00, for the Apple/Valley-ettes "Afternoon of Stars" fall performance from Windsor Park Floral. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-234 accepting, with thanks, the donation of grass seed, valued at $150.00, from Pete Strand and Steve Larson of Minnoka Transport. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving an Exemption from Charitable Gambling License for Grande du Minnesota, Forty et Eight, for raffles on February 1, 2 and 3, 1990, at American Legion Post 1776, and waiving the 30-day waiting period for State Board approval. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, approving issuance of a temporary on-sale liquor license by the Minnesota Department of Public Safety on January 11, 1991, for the Zoo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-235 approving special assessment division numbers: 18761 - SA Addition, 18813 - Eagle Ridge Estates 2nd (Combine Lots 5 and 6), 18814 - Eagle Ridge Estates 2nd (Combine Lots 3 and 4), 18894 - Apple Valley Armory, and 18895 - Nordic One Cooperative (Nordic Woods 6th Addition Condominiums). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the application of Eleanor Petter for deferment of Special Assessment Rolls No. 287 and 288 on Parcel Number 01-02400-010-25 as permitted under City Code Section 9-10, homestead property owned by persons over age 65. Ayes - 5 - Nays - O. RES. 1990-230 BARTON SAND & GRAVEL DONATION RES. 1990-231 VAA EASTVIEW EQUIP. DONATION RES. 1990-232 FIRST BANK DONATION RES. 1990-233 WINDSOR PARK FLORAL DONATION RES. 1990-234 MINNOKA GRASS SEED DONATION GAMBLING LICENSE EXEMPTION ZOO TEMPORARY LIOUOR LICENSE RES. 1990-235 SPECIAL ASSMT. DIVISIONS PETTER ASSESSMT DEFERMENT CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 3 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-236 granting a waiver of platting for portions of Lot 2, Block 15, Cedar Knolls, subject to dedication of access easements, to allow the property to be transferred on a metes and bounds description basis, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing payment of $1,009.00 to Harry S. Johnson Co., Inc., for survey work on portions of Lot 2, Block 15, Cedar Knolls, being donated to the City by Thorson-Cornwell Co. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-237 requiring a financial guarantee in the amount of 125 percent of the estimated cost of unfinished site improvements prior to issuance of a certificate of occupancy for commercial buildings constructed in the City. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-240 awarding contracts for snow removal to Fischer Sand & Aggregate and Hoffbeck Trucking and the purchase of certain street maintenance materials to various suppliers, as listed, for the period December 14, 1990, through December 15, 1991, based on low bids received. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 3 to the contract with CECA Utilities, Inc., for Project 89- 341, Hearthstone Utility & Street Improvements, in the amount of an additional $3,511.70. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Orders to the contract with Fredrickson Excavating for Project 89-331, 'White Oak Ridge Utility & Street Improvements: No. 1 in the amount of an additional $8,140.70 and No. 2 in the amount of an additional $5,215.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Orders to the contract with McNamara Contracting Co., Inc., for Project 85-225, Galaxie & 153rd Street Improvements, in the addi- tional amounts as follows: No. 8 - $25,345.67; No. 9 - $3,481.95; No. 10 - $9,066.25 (Cub Foods Site Work); and No. 11 - $2,193.03. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Orders to the contract with McNamara Contracting for Project 89-321, Ring Route Oonstruction, in the additional amounts as follows: No. 5 - $31,391~13; No. 6 - $24,828.76; No. 7 - $34,565.89; No. 8 - $13,714.34; No. 9 - $5,889.26 - No. 10 - $4,647.27; and No. 11 - $8,700.00. Ayes - 5 - Nays - 0. RES. 1990-236 PLAT WAIVER PART OF CEDAR KNOLLS SURVEY PAYMENT PART OF CEDAR KNOLLS RES. 1990-237 GUARANTEE FOR COMMERCIAL BLDG. SITE IMPROVEMNT. RES. 1990-240 AWARD BID SNOW REMOVAL & ST. MATERIALS CHANGE ORDER 3 PROJ. 89-341 CHANGE ORDERS NO. 1 & 2 PROJ. 89-331 CHANGE ORDERS NO. 8 TO 11 PROJ. 85-225 CHANGE ORDERS NO. 5 TO 11 PROJ. 89-321 CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 4 MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 2 to the contract with Mark J. Traut Wells, Inc., for Project 88-295, Well Pump and Motor Conversions, in the additional amount of $569.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with Fredrickson Excavating for Project 89- 332, Farquar Lake Area Utility & Street Improvements, in the additional amount of $2,882.43. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 3 to the contract with CECA Utilities for Project 90-357, Apple Valley Retail (Cub Foods) Improvements, in the addi- tional amount of $2,219.50. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, accepting Project 88-295, Well Pump and Motor Conversions, as final and authorizing final payment on the contract with Mark J. Traut Wells, Inc., in the amount of $7,715.03. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, accepting Project 83-13, 149th and Granada Parking Lot Improvements, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $2,132.20. Ayes - 5 - Nay~ - 0. MOTION: of Goodwin, seconded by Humphrey, approving reduction of the subdivision financial guarantee for: Valley Way Village 8th from $84,411.00 to $55,994.50; Scottsbriar 2nd Addition from $6,750.00 to 0; and Valley Way Village 7th Addition from $28,615.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-241 prohibiting parking on County Road 46 (160th Street) in Apple Valley from CSAH 23 (Cedar Avenue) to CSAH 5. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-242 prohibiting parking on County Road 38 from County Road 11 to Trunk Highway 77. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 500 amending City Code Sections 11-1 and 11-6 requiring provision of recycling opportunities for occupants of multi-unit residential complexes. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-243 approving revised Downtown Development Design Guidelines which will supercede those adopted by Resolution No. 1990-82. Ayes - 5 - Nays - 0. CHANGE ORDER 2 PROJ. 88-295 CHANGE ORDER 1 PROJ. 89-332 CHANGE ORDER 3 PROJ. 90-357 FINAL PAYMENT PROJ. 88-295 FINAL PAYMENT PROJ. 83-13 SUBDIVISION BOND REDUCTIONS RES. 1990-241 NO PARKING 160TH STREET RES. 1990-242 NO PARKING Cg 38 ORDINANCE 500 MULTIPLE DWELL- ING RECYCLING RES. 1990-243 REVISED DOWN- TOWN GUIDELINES CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 5 MOTION: of Goodwin, seconded by Humphrey, receiving the legislative positions of Dakota County and constituent cities and notice of the legislative breakfast meeting on January 11, 1991, at 7:30 a.m. in Rosemount. Ayes - 5 - Nays - 0. COUNTY LEGISLA- TIVE POSITIONS LMC FUND BALANCE SEMINAR SET JANUARY MEETINGS RENEW DCA 1991 AGREEMENT HIRE NALEZNY UTIL. MAINT. HIRE PARTTIME EMPLOYEES PUBLIC HEARING ASSMTS 294 & 295 MOTION: of Goodwin, seconded by Humphrey, receiving notice of League of Minnesota Cities seminars on city fund balances on December 19, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, setting the annual goal setting session on January 10 and 11, 1991; a special meeting on January 3, 1991, at 8:00 p.m.; and regular meetings on January 17 and 31, 1991, at 8:00 p.m.. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving renewal of the 1991 flexible spending account administrative services agreement with DCA, Inc., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring James J. Nalezny as a fulltime Maintenance Worker I, Utilities, at a starting hourly rate of $8.65. Ayes - 5 - Nays - 0. MOTION: of Goodwtn, seconded by Humphrey, approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated December 13, 1990. Ayes - 5 ~"Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing on 1990 Special Assessment Roils 294 and 295 to order at 8:22 p.m. and noted receipt of the affidavit of publication of the hearing notice. The Clerk advised the Council that these assessments were a correction of Assessment Rolls 278 and 279 for Guild Avenue improvements levied on October 25, 1990. The net result is a reduction of $25,213.00. Roll No. 295 would be deferred for up to ten years or until the property is platted. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:23 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 244 approving 1990 Special Assessment Rolls No. 294 and 295 totaling $269,867.00 and removing Special Assessment Rolls No. 278 and 279. Ayes - 5 - Nays - 0. RES. 1990-244 ASSESSMENT ROLLS 294 & 295 PUBLIC HEARING 1991 ON-SALE LICENSES Mayor Branning called the public hearing to order at 8:24 p.m. on renewal applications for 1991 on-sale liquor and beer licenses and noted receipt of the affidavit of publication of the hearing notice. The applicants are as follows: CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 6 On-sale intoxicating liquor & special license for Sunday liquor sales - 1. Rich Mgt., Inc., d/b/a Apple Place, at 14917 Garrett Avenue; 2. DVH, INC., d/b/a R'Berry's, at 7721 West 147th Street; 3. Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, 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 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. Pizza Huts of the Northwest, Inc., at 7666 West 149th Street; 4. City of Apple Valley, d/b/a Valleywood Golf Oourse, at 4851 West 125th Street. The Council received the Police Department report dated December 6, 1990. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:25 p.m. MOTION: of Holton, seconded by Savantck, approving renewal for 1991 of on-sale liquor licenses by adopting Resolutions No. 1990- 245 for Rich Mgr., Inc., d/b/a Apple Place; No. 1990-246 for DVH~ Inc., d/b/a R'Berry's; No. 1990-247 for Cedar Valley, INC., d/b/a Apple Valley Greenstrsets; and No. 1990-248 for Apple Valley American Legion Post 1776; approving on-sale beer licenses for Pizza & Pizzazz, Inc., d/b/a Carbone's Pizza & Pizzazz; Godfathers Pizza; Pizza Huts of the Northwest; and Valleywood Golf Course; and off-sale beer licenses as listed in the City Clerk's memo dated December 10, 1990. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on variance requests RODEO HILLS for Lots 8 and 9, Block 1, Rodeo Hills. When the development plan for VARIANCES the townhouses was prepared, only the primary structure for each lot was identified, not any accessory decks or porches. Due to the layout, the developer believed a 20-foot sldeyard setback applied and began construction. The Planning Commission recommended denial of what would be a variance to 40-foot rearyard setbacks. The owner of Lot 10 has since withdrawn his objection to the variance on Lot 9. RES. 1989-245 TO 248, LIQUOR & BEE! & OFF-SALE BEER LICENSES MOTION: of Savanick, seconded by Goodwin, granting setback variances for deck/porch construction of 18.5 feet on Lot 9 and 30 feet on Lot 8, Block 1, Rodeo Hills, subject to a revised deve- lopment plan illustrating the maximum setbacks for optional decks and porches and the approved variances which must also be posted in the sales office. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that underlying agreements on East Valley Plaza 2nd Addition have not been resolved and asked that any consideration on building permits be tabled until the agreements arb completed. GRANT RODEO HILLS VARIANCES EAST VALLEY PLAZA AGREEMENT~ CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 7 MOTION: of Humphrey, seconded by Savanick, tabling consideration of revising exterior building materials for a car wash until subdivision agreements are completed for East Valley Plaza 2nd Addition. Ayes - 5 - Nays - 0. TABLE EAST VALLEY CAR WASH Mr. Kelley reviewed a request for a change in the development agreement NORDIC WOODS for Nordic Woods 12th Addition. The mixed use development requires 12TH AGREEMENT construction of a duplex on Lots 12 and 13 before construction of any AMENDMENT single family homes. The street was not fully constructed to the duplex area, but there are buyers for several single family lots. The developer would take out a permit for the duplex, but not build it until spring. In addition, the wrong duplex lot was staked and the developer is requesting a change to build on Lots 14 and 15 instead of Lots 12 and 13. MOTION: of Holton, seconded by Savantck, approving a change in the development agreement for Nordic Woods 12th Addition allowing a building permit for a duplex on Lots 12 and 13 to be taken out but construction delayed until April 15, 1991, and denying a request to construct the first duplex on Lots 14 and 15. NORDIC WOODS 12TH DUPLEX SPRING 1991 Bill Johnson the developer, was present and said he will be constructing a model on Lot 1 and has purchasers for Lots 3 and 8. He has waivers from the purchasers acknowledging where duplexes will be built. There was a misunderstanding on which duplex was to be constructed first and Lots 14 and 15 were staked instead of Lots 12 and 13. The purchaser of Lot 3 was present and asked the Council to take whatever action necessary to allow construction to begin on his home. Councilmember Savanick asked where the sign for the development will be located? Mr. Johnson said it will be on Lot 1 with the model home. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Welsch reviewed the Planning Commission report on a proposed vet- VETERINARY erinary clinic on Lot 2, Block 1, Apple Valley Commercial 2nd Addition. CLINIC PARKING The building itself will be back for approval when plans are completed, but the issue now deals with parking. Depending on how spaces are calculated and to allow for a different future use, it was recommended that 31 spaces be required rather than the 23 shown. In checking with surrounding communities however, 23 spaces are adequate. MOTION: of Humphrey, seconded by Savanick, granting an excavation permit for a veterinary clinic on Lot 2, Block 1, Apple Valley Commercial 2nd Addition, with 23 parking spaces, sub- ject to deed restriction requiring Council approval of any use modification to determine if it will create need a for additional parking; and directing preparation of an ordinance defining parking standards for veterinary clinics. Ayes - 5 - Nays - 0. VET. CLINIC EXCAVATION PERMIT & PARKING CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 8 Councilmember Humphrey stepped down from the table and excused himself from the meeting at this time, 8:51 p.m. Mr. BaIlenger said, in conformance with Council direction, proposals FEE FOR SERVICE by local insurance agents were solicited under the fee for service INSURANCE approach and received December 12, 1990. Mark Flaten, of American pROPOSALS Risk Services, the City's consultant, reviewed his memo dated December 13, 1990, and recommended award to Morrisey & Associates at an annual fee of $13,800. MOTION: of Holton, seconded by Goodwin, awarding exclusive agent access to the marketplace to Morrtsey & Associates for the insurance servicing year March 1, 1991 to 1992, based on its proposal of an annual fee for service of $13,800. Councilmember Goodwin asked if the fee shown is the only reimbursement the agent would receive? Mr. Flaten said this would be the fee if the League of Minnesota Cities Insurance Trust (LMC) program is chosen by the City. If the CNA program is chosen, CNA would pay a commission to Morrisey because of past policies. Of the three agents submitting proposals, all have access to LMC and both Morrisey and Professional Insurance Agency (PIA) have access to CNA.. Councilmember Savanick questioned how the proposals can be compared and whether 'all insurance would have to be placed with one company? Mr. Flaten said the proposals showed what each agent would charge for servicing the City's insurance with LMC and, except for Morrisey, any other company. Morrisey can receive a commission from CNA and the City can request disclosure of what commission is being paid on the premium. Some of the insurance may be placed with other markets to offset certain coverages. MORRISEY EXCLUSIVE AGENT Councilmember Goodwin questioned whether this means the LMC program should be accepted. Councilmember Holton said the agent selected will be providing bids on both CNA and LMC programs. Mr. Flaten said the intent of the specifications was to give Morrisey access to CNA, as the incumbent agent, and receive a fee for service proposal on other markets. Councilmember Savanick asked if it would be better to give exclusive access to LMC to PIA and CNA to Morrlsey? She said she would prefer having two different agents to get the best possible policy for the City. Mr. Melena said the reverse might be true because Morrisey's fee is $13,800 and PIA's fee is $15,000. Mr. Flaten said, for clarification, PIA's proposed $15,000 for 100 hours of service. Councilmember Holton said he did not believe the procedure should be changed now for 1991, but could be considered in the future. MOTION: of Savanick, seconded by Goodwin, amending the foregoing motion by splitting the award and designating Morrisey & Associates, Inc., agent for CNA, as incumbent; and Professional Insurance Agency agent for LMC at a fee not to exceed $15,000 with no maximum hours. AMEND MOTION CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 9 Mr. Melena noted that these are professional services and the Council has the ability to award as it desires and does not have to take bids. Councilmember Holton said since a procedure was set up, it should be followed as per the specifications. Vote was taken on the amendment. Ayes - 3 - Nays - 1 (Holton). Mark Kampf, of Morrisey, was present and commented on the discussion. He asked if the CNA premium with a commission is less than the LMC premium with the fee for service, how does that negatively impact the City? Mayor Branning said he believes splitting the award will give the best options for the City. Councilmember Holton said the LMC premium is going to be the same no matter which agent provides the quote, but PIA will cost the City more than Morrisey on a fee for service basis. Mr. Kampf said he submitted his proposal on that basis. Councilmember Goodwin said his concern is with CNA and what will be proposed. Mr. Melena noted, for clarification, that award to PIA would be a flat fee of $15,000 with no limit on the hours. Bill Velin, of PIA, was present and agreed with that understanding. Vote was taken on the motion as amended. Ayes - 3 - Nays - 1 (Holton): The meeting was recessed at 9:42 p.m. The Council reconvened at 9:55 p.m. and Councilmember Humphrey returned to the meeting. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 501 amending Chapter 6 of the City Code to provide for business signs on more than one face of a building; requirements for open house, garage and for sale signs downtown; clarification of pedestrian awning sign language; building signs in LB zones; public interest signs; and removal of signs on public rights-of-way. Ayes - 5 - Nays - 0. ORDINANCE 501 SIGN CODE REVISIONS The Council received Mr. Johnson's memo dated December 6, 1990, ICE ARENA concerning week day daytime use of the Ice Arena. It contains USAGE REPORT information on schedules at other arenas and Mr. Johnson recommended the City regain use of the 6:00 to 7:00 p.m. hour, Monday through Thursday, over the 1991 through 1993 period. The Gity and School District would then have an exact 12-hour split of the Arena. Councilmember Goodwin asked if the length of the season is a problem. Mr. Johnson said, through negotiations, the season has been extended and is not a problem. Mr. Melena said they have also discussed renting time during the summer at Burnsville's Arena and running buses as part of a fee-based recreation program. Councilmember Goodwin asked if there is a relatively inexpensive way to have covered ice Which might help during a January thaw? Mr. Johnson said a bubble-type cover is rather expensive and an open sided cover might only extend the season for a week or two. The real answer' seems to be for the School District to have another arena available. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 10 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1990-249 advising School District 196 that the City will regain use of the 6:00 to 7:00 p.m. hour at the Ice Arena for two days during the 1991-92 season and the two remaining days during 1992-93 season. Ayes - 5 - Nays - 0. The Council received Mr. Melena's memo dated December 10, 1990, ZOO FENCE containing a chronology of the events surrounding the Zoo fence, yARIANGE Mayor Branning said various conversations have occurred since the November 20th meeting and he suggested Councilmember Savanick become involved in helping to resolve the matter. Councilmember Savanick said the controversy is over 200 feet of fence and believes a compromise should be made. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-250 authorizing issuance of a fence permit allowing the Zoo to place a fence along Johnny Cake Ridge Road, within ten feet of the alignment established in the July 1975 Planned Development Agreement, except it will be constructed along the eastern boundary of the pond and screened appropriately. Councilmember Holton said there is an agreement in effect as to where the fence should go and it can be constructed along the west boundary of the pond adjacent to the Zoo's overflow parking lot. Councilmember Goodwin said he disagrees with the rationale the Zoo has used for locating the fence. The location contained in the agreement acknowledges open space for the public and granting a variance is not consistent with that provision. The fence should be located as provided in the agreement. Councilmember Humphrey said he is concerned about two public agencies accruing attorneys fees to defend positions that are not worth the effort. The City has a binding contract with another public entity. They have asked for an exception and he is willing to grant the exception. Mayor Branning said there is already a ten-foot high fence along Galaxie Avenue and a compromise should be made on the Johnny Cake Ridge Road boundary. Greg Zeno, 6106 West 130th Street, submitted a letter to the Council and said the Zoo is able to achieve its goals by putting the fence where the City has approved it. He does not believe the location should be changed. Dave Evans, 12640 Fairgreen Avenue, said the Zoo has ignored letters from the residents asking why the fence needs to be on the east side of the pond. The neighborhood does not want the Council to grant the variance. Ray Artz, 13140 Doyles Court, submitted a letter to the Council opposing the variance and stated he would also like to know the reason the Zoo wants the fence on the east side of the pond. RES. 19904249 REGAIN HOUR OF ARENA ICE TIME RES. 1990-250 ISSUE ZOO FENCE PERMIT, CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 11 MOTION: of Holton, seconded by Humphrey, calling for a vote on the motion. Ayes - 5 - Nays - 0. CALL FOR VOTE Vote was taken on the motion. Ayes - 3 - Nays - 2 (Goodwin and Nolton). MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-251 establishing a task force to improve communications with the Zoo and discuss related issues and invite the Zoo to participate on the task force. RES. 1990-251 ZOO COMMUNICATN TASK FORCE Councilmember Holton said he does not believe a committee is needed. Councilmember Goodwin said Staff can represent the City and a task force would only make the process more cumbersome. MOTION: of Humphrey, seconded by Holton, tabling the foregoing motion TABLING FAILED for two weeks. Ayes - 2 - Nays - 3 (Branning, Goodwin and Savanick). Mayor Branntng said the essential element of the resolution is to encourage communication and provides a forum to make that happen. Councilmember Savanick said the resolution does not specify how the task force should be formed and would like to coma back with that information. Councilmember Goodwin said the City Administrator should have the flexibility to meet with Zoo Staff as needed and not go through a task force. Councilmember Humphrey asked what approaches have been used in other cities where state facilities are located? Mr. Melena said in Morris there were quarterly meetings; in Mankato it is not as structured, but there are periodic meetings between staff. The Dakota County Administrators meet monthly and that group may be the way to go on something like this. Mayor Branning said there have been situations in the past several years where there have been surprises to both the City and the Zoo and that needs to be minimized. There needs to be a forum for future issues. Mr. Melena said he initially set up meetings with the Zoo the first year he was here and they went well until the amphitheater issue arose. It caused somewhat of a rift between the two staffs and it was agreed to let matters settle before meeting again. There are however ongoing relationships between various departments of the City and the Zoo. MOTION: of Savanick, seconded by Humphrey, amend the foregoing motion by appointing the City Administrator, Tom Melena; City Attorney, James Sheldon; Community Development Director, Dennis Welsch; and Public Works Director John Gretz, to the task force. Ayes - 4 - Nays - 1 AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 r Nays - 1 (Holton). Mr. Zeno asked if there will be further direction on screening the fence? The Mayor asked Councilmember Savanick to work with City staff and come back with a report. CITY OF APPLE VALLEY Dakota County, Minnesota December 13, 1990 Page 12 MOTION: of Holton, seconded by Goodwin, directing Staff to prepare an BAN MOTORS ON ordinance prohibiting gasoline powered motors on Keller Lake, ELL~LAKE in conformance with City of Burnsvllle regulations, as described in the Parks & Recreation Director's memo dated December 10, 1990. Ayes - 5 - Nays ~ 0. Mr. Melena advised the Council that the Metropolitan Council will be MET. COUNCIL announcing possible future airport sites tomorrow. Two of the sites AIRPORT SITES will be in Dakota County and may have an impact on future planning. Mr. Melena advised the Council that Staff met with representatives of Fischer Sand & Aggregate on December 10, 1990. They will be submit- ting a reduced scope project on gravel mining south of County Road 42. It appears a 600-foot buffer will continue along County Road 42. End use plans ars being drafted and they intend to submit them to the City by the end of the year. The Council received a copy of the Apple Valley Square iawsuft Court' A.V. SQUARE Decision on the Southport zoning and tax increment financing issues. COURT DECISION Mr. Sheldon said the Court ruled in favor of the City and dismissed the complaint. GRAVEL PROPOSAL UPDATE Mayor Branning said a regional light rail plan will be voted on by the RTB LIGHT RAIL Regional Transit Board next week. Its funding includes a proposal for COORD. PLAN a metro area sales tax, yet does not provide service for much of the area. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1990-252 opposing implementation of a Metropolitan Area sales tax to finance Light Rail Transit. Ayes - 5 - Nays - 0. RES. 1990-252 OPPOSE LRT TAX The Council requested that a resolution of participation by Apple ENV. COALITION Valley in the Environmental Cities Coalition be prepared for consideration. MOTION: of Goodwin, seconded by Humphrey, appointing Willis Branning to the position of the three-city alternate representative to the Minnesota Valley Transit Authority effective January 1, 1991, representing Apple Valley, Burnsville and Eagan. Ayes - 5 - Nays - 0. APPOINT BRANNING MVTA ALTERNATE MOTION: of Humphrey, seconded by Holton, to pay .the claims and bills, checks numbered 81171 through 81292, 81301 through 81389 and 81391 through 81452, in the total amount of $6,766,848.97. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 12:05 o'clock a.m.