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HomeMy WebLinkAbout04/27/1989CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 27th, 1989, 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, Personnel Director Boland, Forestry Specialist Brackee, Public Works Director Gretz, Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Police Chief Rivers and Planning & 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. Mayor Branning asked the audience to observe a moment of silence in memory of Richard Winkler who died April 23, 1989. MOTION: of Holton, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA APRIL 13, 1989 MINUTES PROCLAIM POPPY DAY MOTION: of Holton, seconded by Savanick, approving the minutes of the regular meeting of April 13th, 1989, as written. Ayes , 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, proclaiming May 19th, 1989, as "Poppy Day" in the City of Apple Valley. Barbara Schauer and Bernice Danzeisen, of Apple Valley American Legion Post 1776 Auxiliary, were present and said their organization will be selling poppies on May 19th from which the proceeds are used to fund veterans' rehabilitation programs. Vote was taken on the motion. Ayes - 5 - Nays - 0. Ken Brackee displayed awards Apple Valley received April 12, 1989, TREE CITY U.S.A. in connection with its fifth annual "Tree City U.S.A." award. He ARBOR DAY reviewed events scheduled for Arbor Day, May 6, 1989, along with the grand opening celebration for Eastview Athletic Complex. Martha Gunckel, Leader of Girl Scout Troop 1185, discussed plantings the Troop will be doing in Briar Oaks Park. Mayor Branning distributed Arbor Day posters to the members of Troop 1185 who were present. MOTION: of Humphrey, seconded by Goodwin, proclaiming May 6, 1989, to be "Arbor Day" in Apple Valley and the month of May to be "Arbor Month". Ayes - 5 - Nays - 0. PROCLAIM ARBOR DAY RES. 1989-82 CLEAN UP DAY MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-82 recognizing all participants in the Rotary sponsored "CleanUp Day" April 29, 1989, as volunteers with insurance coverage extended to the activity and encouraging all City residents to conduct neighborhood clean-up activities. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1989 Page 2 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 Holton, seconded by Savanick, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-83 authorizing disposal of collapsible steel voting booths by giving them to Independent School District 196. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Savanick, approving a dance permit, temporary on-sale liquor license and gambling exemption for a raffle by Valley Athletic Association on June 30, 1989, at American Legion Post 1776, subject to conditions as recommended by the Police Chief. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, approving renewal of the gambling license for Multiple Sclerosis Society, North Star Chapter, at R Berry's, 7721 West 147th Street, and authoriz- ing waiving the 60-day waiting period by the Minnesota Charitable Gambling Control Board. Ayes - 5 - Nays MOTION: of Holton, seconded by Savanick, approving the ALF Ambulance 1990 budget with revenue of $612,063 and expenditures of $610,998 with a city per capita contribution of $2.50. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, granting a setback variance to allow construction of a four-foot addition to the front of a single family house at 7229 Upper 139th Street (Lot 27, Block 3, Scott Highlands 1st Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, authorizing use of City streets by Apple Valley American Legion Post 1776 for a Memorial Day Parade on May 29, 1989, as recommended by the Police Chief. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-84 approving the final plat and development agreement for Rolling Ridge subdivision and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -Nays - O. AUDIENCE DISCN. CONSENT AGENDA RES. 1989-83 VOTING BOOTHS TO SCHOOL DIST. V.A.A. DANCE/ RAFFLE PERMITS GAMBLING LICENSE MULTIPLE SCLEROSIS SOC. ALF 1990 BUDGET VARIANCE 7229 UPPER 139TH STREET LEGION MEMORIAL DAY PARADE RES. 1989-84 FINAL PLAT ROLLING RIDGE CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1989 Page 3 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-85 awarding a contract for Project 89-316, Water Park (Apple Valley Apartments) Storm Sewer, to Husting & Engstrom, Inc., the low bidder, in the amount of $48,704.25. Ayes - 5 -Nays - Oo MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1989-86 awarding a contract for Project 89-319, 1989 Street Maintenance Program, to McNamara Contracting Go., the low bidder, in the amount of $202,775.00. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Savanick directing the City Engineer to prepare a preliminary feasibility report for Project 89- 331, 132nd Street Utilities and Streets in White Oak Ridge subdivision. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Savanick directing the City Engineer to prepare a preliminary feasibility report for Project 89- 332, Dominica Way Utilities and Streets in Farquar Lake Addition. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick approving Timothy Ketchmark and Russell Schroeder for membership in the Apple Valley Volunteer Fire Department as recommended by the Fire Chief. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick approving a lease agreement with Great Lakes E/Z Drive, Inc., for driving range equipment at Valleywood Golf Course and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick approving hiring Keith Wallace for the fulltime position of Parks Maintenance Worker effective May 1, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring Jo Ellen Bruhn for the fulltime position of Police Dispatcher effective May 15, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Savanick, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated April 27, 1989. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Savanick, confirming discharge of Robert Chapman from the position of Parks Maintenance Worker effective April 10, 1989. Ayes - 5 - Nays - O. RES. 1989-85 AWARD CONTRACT PROJ. 89-316 RES. 1989-86 AWARD CONTRACT PROJ. 89-319 PRELIM. REPORT PROJ. 89-331 WHITE OAK RIDGE PRELIM. REPORT PROJ. 89-332 FARQUAR LAKE KETCHMARK & SCHROEDER FIRE DEPT. GOLF DRIVING RANGE EQUIPMENT LEASE HIRE WALLACE PARKS MAINTENCE HIRE BRUHN POLICE DISPATCH HIRE PARTTIME EMPLOYEES CONFIRM CHAPMAN DISCHARGE END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1989 Page 4 MOTION: of Savanick, seconded by Humphrey, granting a sotback variance at 13250 Pilot Knob Road to locate a new house up to 35 feet from the right-of-way of Pilot Knob Road and 43 feet from the DNR established high water mark of Farquar Lake subject to the same setbacks for any deck, the lowest floor elevation to be 908.0 feet above sea level and a turn-around area constructed on the driveway, as recommended by the Planning Commission. VARIANCE 13250 PILOT KNOB ROAD The Council expressed concern about the driveway access and setback from Pilot Knob Road. Mr. Kelley also said sanitary sewer is available to the property now. If the utility project for the White Oak Ridge area on the west side of Pilot Knob Road proceeds, water will also be available and should be connected. Michael Felix, the petitioner was present, and said he would be willing to locate the driveway so it would have joint access with the property to the north. He questioned whether water would be available by the time the house is completed. It was noted that a decision should be made by early July and if water will not be available the requirement could be reconsidered. MOTION: of Holton, seconded by Savanick, amending the motion by requiring the driveway to share a common access with the property to the north and align with 132nd Street, as platted, on the west side of Pilot Knob Road. Ayes - 5 - Nays - 0. AMEND MOTION DRIVEWAY ACCESS AMEND MOTION UTILITY CONNECT RES. 1989-87 TAKE BIDS PROJ. 89-322 RES. 1989-88 TAKE BIDS PROJ. 88-315, 88-317 & 88-297 MOTION: of Savanick, seconded by Humphrey, amending the motion by requiring the house be connected to City sanitary sewer and water prior to occupancy. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 87 approving plans and specifications for Project 89-322, Radcliff Townhomes Utility Trunk Improvements, and authorizing advertising for bids to be received at 2:00 p.m. May 19, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 88 approving plans and specifications for combined Projects 88-315, Guild Avenue Extension; 88-317, 134th Street in Knottywoods; and 88-297, Georgia Drive; and authorizing ad- vertising for bids to be received at 2:00 p.m. May 25, 1989. Councilmember Savanick asked that the intersection of Guild Avenue and 140th Street be considered for a street light when it is completed. Mayor Branning asked that provisions be made for both lots on the south side of 134th Street in Knottywoods to take access from 134th Street instead of Pilot Knob Road and appropriate assessments apply. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1989 Page 5 Mayor Branning said he will be voting against the motion because it is a deviation from policy and he is opposed to installing Guild Avenue before development along it occurs. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning) - (Humphrey Abstained). MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1989-89 approving plans and specifications for Projects 89- 326, Eagle Hill; and 89-325, Acorn Hill; Utility and Street Improvements, and authorizing advertising for bids at 2:00 p.m. May 25, 1989. Ayes - 5 - Nays - 0. RES. 1989-89 TAKE BIDS PROJ. 89-326 & 89-325 RES. 1989-90 PARK & REG. COM. MISSION STMT. RES. 1989-91 COMML/INDUSTRIAL PARK DEDICATION MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 90 approving the Parks and Recreation Advisory Committee Mission Statement dated April 14, 1989, as submitted by the Committee. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 91 implementing a policy of collecting an equivalent of five percent of the undeveloped land for park dedication on commercial, industrial and other subdivisions, under City Code Section B1-21(6), as recommended by the Parks and Recreation Advisory Committee. Mr. Welsch said the current land value applied to residential property is $15,000 per acre. If this same value is used for commercial/industrial property, it would be a minimal additional charge for developers. Councilmember Savanick said she would like the Cityfs charges to remain lower than surrounding communities. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Holton, seconded by Goodwin, tabling consideration of the revised personnel ordinance for two weeks (until May 18, 1989) for further research on the amount of vacation leave. Ayes - 5 - Nays - 0. TABLE PERSONNEL ORDINANCE ACTING ADMIN. ALF 5-YEAR PLAN AMENDED ALF 5-YEAR PLAN MOTION: of Savanick, seconded by Humphrey, appointing Tom Lawell Acting City Administrator, in the Administrator's absence, from May 1 to 4, 1989. Ayes - 5 - Nays - 0. Councilmember Holton said the ALF Ambulance Board adopted an amended five-year plan at its meeting earlier tonight and asked the Council to consider approving it also. MOTION: of Savanick, seconded by Goodwin, approving the amended ALF Ambulance Five-Year Equipment and Personnel Plan covering 1991 to 1995, as presented April 27, 1989, and approved by the ALF Board. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 1989 Page 6 Mayor Branning said he attended the Metro East Development Day Expo in St. Paul today, at which Apple Valley was exhibiting, and was pleased with the response. METRO EAST DEV. EXPO Mr. Welsch advised the Council that the Staff report on the Pennock- PENNOCK-CEDAR- Cedar-Garrett is ready. The Planning Commission will be meeting on GARRETT STUDY it and sending a recommendation to the Council. At that time, the Council should direct it back, with any comments, to the Planning Commission for a public hearing which will be held in early June. MOTION: of Savanick, seconded by Holton, to pay the claims and bills, checks numbered 67691 through 67789, 67791 through 67793 and 67803 through 67951, in the total amount of $2,186,204.01. Ayes ~ 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 9:19 o'clock p.m.