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HomeMy WebLinkAbout03/23/1989CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 23rd, 1989, at 8:00 oWclock 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 Dougherty, City Engineer Gordon, Personnel Director Boland, Associate Planner Hickok, Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Building Official Miranowski, Planning Intern Plummer, Police Chief Rivers and Planning & 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 Savanick, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MARCH 9, 1989 MINUTES MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of March 9th, 1989, as amended on page 7. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meetingts agenda. There was no one present to speak. Senator Pariseau was present in the audience to listen to and observe the meeting. MOTION: of Holton, seconded by Goodwin, removing setting a hearing on Project 89-324 to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA RES. 1989-55 FINAL PLAT HUNTINGTON 3RD RES. 1989-56 AWARD CONTRACT PROJ. 88-295 RES. 1989-57 REJECT TRACTOR & LOADER BIDS CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 55 approving the final plat and development agreement for Huntington 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 56 awarding a contract for Project 88-295, Deep Well Pump and Motor Conversions, to Traut Wells, Inc., the low bidder in the amount of $154,872.79. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 57 rejecting all bids received on March 14, 1989, for a Four- Wheel Drive Industrial Tractor with Loader and authorizing preparation of revised specifications. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 1989 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 58 supporting Apple Valley American Legion Post 1776's proposal to host the Third District American Legion Conven- tion in 1991. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 59 approving special assessment divisions: 17962, Apple Valley Commons 2nd Addition; 17981, Carrollton Estates 5th Addition; 18089, Huntington 2nd Addition; 18118, Summerfield 3rd Addition; 18136, Eagle Pond 1st Addition; and 18137, East Valley Plaza. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving ALF Ambulance's 1988 annual report. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Goodwin, approving 1989 On-Sale 3.2 Beer and Cigarette Sales Licenses for Watrud's Apple Valley Golf Course. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 60 approving revised Bylaws of the Apple Valley Firefighters~ Relief Association effective April 1, 1989, and directing that they be filed with the Minnesota Commissioner of Commerce. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Goodwin, approving an agreement with Dakota County, Metropolitan Waste Control Commission and Dakota Electric Association for Cost Sharing of Stereo Digitizing and Stereo Digitizing Terrain Model (in develop- ment of a Geographic Information System) and the City's cost share of $1,990.00 of the total cost of $7,960.00. Ayes - 5 - Nays ~ O. MOTION: of Holton, seconded by Goodwin, receiving information about a public meeting to be conducted by the Planning Department on March 28, 1989, at Apple Valley Community Center, concerning development issues in the Cedar Avenue Corridor Study. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 61 approving design plans, prepared in January and February 1989, as the master plan for "Firefighters Park", adjacent to Hayes Road, County Road 42 and t47th Street with phased improvements over a five-year period. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 62 ordering installation of stop signs on Glazier, Germane, Genesee, Garrett and Garland intersections with 142nd Street; on Elkwood Drive eastbound at Elkwood Drive; on Pennock southbound at Cimarron and on 129th Street at Foliage. Ayes - 5 - Nays - 0. RES. 1989-58 AMERICAN LEGION CONVENTION RES. 1989-59 VARIOUS ASSESS- MENT DIVISIONS ALF 1988 ANNUAL REPORT A.V. GOLF COURSE 1989 LICENSES RES. 1989-60 FIRE RELIEF REVISED BYLAWS GIS COST SHARE AGREEMENT CEDAR CORRIDOR STUDY UPDATE RES. 1989-61 FIREFIGHTERS ' PARK PLANS RES. 1989-62 STOP SIGNS CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 1989 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 63 receiving the preliminary engineering report on Project 89-326, Eagle Ridge 3rd Addition Utility and Street Improve- ments, and setting a public hearing on it at 8:00 p.m. on April 13, 1989. Ayes - 5 - Nays - 0. RES. 1989-63 SET HEARING PROJ. 89-326 SWITZER SHAW PROMOTIONS HIRE DURETTE POLICE OFFICER HIRE PARTTIME EMPLOYEES DELTA PLUS TEMPORARY EMP. MOTION: of Holton, seconded by Goodwin, approving promotion of Kent Swittzer, effective April 8, 1989, and Joseph Shaw, effective July 1, 1989, to the positions of Police Sergeants. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Stephen P. Durette for the fulltime position of Police Officer effective April 8, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated March 23, 1989. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, authorizing contracting with Delta Plus for a temporary receptionist/typist at the Central Maintenance Facility from March 28 to April 4, 1989. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Councilmember Holton questioned the design of the curve, proposed in 153RD STREET Project 89-324, for 153rd Street east of Cedar Avenue. Mr. Gordon CURVE DESIGN said it is a 45 mph design and the design of the entire ring route will be discussed further at an informal meeting on March 30, 1989. Mr. Melena said the direction was to prepare alternates showing a 45 mph and 50 mph design. Mr. Gordon will prepare the alternates for review. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1989-64 receiving the preliminary engineering report for Project 89-324, 153rd Street for 340 Feet East of Cedar Avenue, and setting a public hearing on it at 8:00 p.m. on April 13, 1989. Ayes - 5 - Nays - 0. RES. 1989-64 SET HEARING PROJ. 89-324 Police Chief Rivers reviewed a chronology of the sequence of events HOSTAGE CRISIS surrounding the hostage crisis which began March 17, 1989. Lois REPORT Platt and her children were held hostage at 7608 Whitney Drive by prison escapee Larry Hill and another man. It ended March 19, 1989, with the hostages being rescued and Larry Hill shot and killed. Willie Johnson, the other man involved, has been charged with 12 felony counts by the County Attorney. He estimated that investigation will continue for two weeks. The Mayor and Council expressed a special "thank you" to Chief Rivers, the Apple Valley Officers and all the other departments involved in resolving the situation. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 1989 Page 4 MOTION: of Savanick, seconded by Holton, passing Ordinance No. 438 rezoning property in Lebanon Hills Regional Park from Agriculture, to "P", Institutional, as recommended by the Planning Commission, consistent with the Comprehensive Plan designation. Ayes - 5 - Nays - O. ORDINANCE 438 REZONE LEBANON REGIONAL PARK MOTION: of Humphrey, seconded by Savanick, passing Ordinane No. 439 rezoning Lot 1, Block 2, Minnesota Zoological Garden, from "A", Agriculture, to "P", Institutional, as recommended by the Planning Commission, consistent with the Comprehensive Plan designation. Ayes - 5 - Nays - O. ORDINANCE 439 REZONE LOT 1, BLK 2, ZOO MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1989-65 approving plans and specifications for Project 89- 319, 1989 Street Maintenance Program, and authorizing advertisement for bids to be received at 2:00 p.m. on April 18, 1989. Ayes - 5 - Nays - 0. RES. 1989-65 TAKE BIDS PROJ. 89-319 RES. 1989-66 TAKE BIDS PROJ. 89-316 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989~66 approving plans and specifications for Project 89- 316, Apple Valley (Water Park) Apartments Storm Sewer, and authorizing advertisement for bids to be received at 2:00 p.m. on April 18, 1989. Mr. Gordon noted that the plans do not include construction of pathway but the City will be staking the location. The developer will be installing the pathways per the amended development agreement approved March 9, 1989. Vote was taken on the motion. Ayes ~ 5 - Nays - 0. Mr. Lawell reviewed a revised solid waste disposal ordinance necessary SOLID WASTE to implement the household recycling program. Sharon Schwartz and ORDINANCE Jeff Weldon, of the Urban Affairs Committee, who also reviewed the ordinance were present. Mr. Lawell said there are a few other ordinances the County is considering which will affect the City: one of which concerns eliminating yard waste from landfills. MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 440 amending Chapter 11 of the City Code related to garbage, trash, junk and weeds and other matters related to solid waste disposal and approving publication of the summary and title in the official newspaper. ORDINANCE 440 SOLID WASTE REGULATIONS Councilmember Savanick questioned provisions for volume based fees; regulation of hours and days of collection; and controlling dumping in commercial dumpsters. Mr. Lawell said volume based fees are offered as an alternative to create some type of differential in fees for residents who recycle and those who don't. The City Attorney has advised that rates cannot be regulated, but the alternative fee can be required. The haulers reviewed the ordinance and their concern about restricting hours and days of collection were for their commercial accounts which they want to pick up Saturdays. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 1989 Page 5 Mr. Melena said the problem of unauthorized dumping in commercial dumpsters has been discussed and should be addressed in the nuisance ordinance. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-67 establishing a performance based recyclable collection reimbursement program for the period March 2 - through December 31, 1989, to reimburse licensed haulers at the rate of $20.00 per ton for targeted recyelable materials. RES. 1989-67 REIMBURSEMENT FOR RECYCLING Mayor Branning asked how the recommended rate was determined. Mr. Lawell said it is the same as Burnsville's and Eagan's because many of the collection routes cross city boundaries. This is being presented as assistance to the haulers for up front capital costs to implement recycling. It is being paid from grant funds and is not intended to be a continuing payment. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Goodwin, approving an agreement, for 1989, between Apple Valley and Lakeville and Goodwill Indus- tries/Easter Seal Society to operate an attended recyclable collection center, setting the cities' reimbursement rate at $20.00 per ton for household items and recyclables and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. GOODWILL COL- LECTION CENTER AGREEMENT Mr. Welsch reviewed the a memo dated March 23, 1989, from Scott Hickok RESIDENTIAL concerning on-site parking in residential zoning districts. The pro- PARKING posed ordinance would protect against an unreasonable number of vehicles. Because this would an amendment to the zoning ordinance, the Planning Commission will need to hold a public hearing before the Council acts on it. Mayor Branning asked why restrictions would be limited to single family residential and not multiple? Mr. Melena said usually apartment managers control the number and size of vehicles allowed. The reason for the requirement that vehicles be parked on an impervious surface is the potential for leakage of oil, etc. This requirement may not need to apply to trailers, watercraft or non-motorized vehicles. Mayor Branning said he would like all outdoor storage addressed. Councilmember Humphrey said he does not have as much concern about trailers, etc., as the total number of vehicles. The Council concurred that individual concerns should be presented at the Planning Commission hearing. Mr. Melena noted that the Council has copies of correspondence on the parking matter brought to the Council at the March 9, 1989, meeting. Four summons have been issued so far. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 1989 Page 6 MOTION: of Humphrey, seconded by Goodwin, setting meetings for April, May and June, at 8:00 p.m., as follows: informal meetings on April 20, May 25 and June 15, 1989; regular meetings on April 13 and 27, May 4 (at 7:00 p.m.) and 18, and June 1 and 22, 1989. Ayes - 5 - Nays - 0. SET MEETING SCHEDULE RES. 1989-68 LIQUOR RELOCATE COST ANALYSIS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1989-68 receiving proposals of Bonestroo, Rosene, Anderlik & Associates and Cording, Natwick, Hilbert to conduct a preliminary cost analysis on the feasibility of relocating Liquor Store No. 1 and authorizing Staff to select a firm and enter into a contract for the study at a cost not to exceed $5,000. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that the Fire Department will be con- ducting a blood drive on Tuesday, April 11, 1989, from 2:00 to 7:00 p.m. at Fire Station No. 1. FIRE DEPT. BLOOD DRIVE Mayor Branning announced that the City will receive its "Tree City USA" award on March 31, 1989, at 5:30 p.m. in the North Star Ballroom at the University of Minnesota. TREE CITY AWARD CLAIMS & BILLS MOTION: of Humphrey, seconded by Holton, to pay the claims and bills, checks numbered 36188, 36189, 66901 through 67019 and 67029 through 67185, in the total amount of $4,339,839.63. Ayes 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:19 o'clock p.m. The Council then continued with an informal work session with Kathryn Roberts, Director of the Minnesota Zoological Garden, concerning long range planning and development for the Zoo.