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HomeMy WebLinkAbout08/24/1989CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 24th, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall following the Fire Department grievance hearing. 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 Cordon, Public Works Director Gretz, Park & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Police Chief Rivers, Fire Chief Tuthill and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:15 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Goodwin, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 ~ Nays - 0. APPROVE AGENDA AUG 10 & 17, 1989 MINUTES MOTION: of Holton, seconded by Humphrey, approving the minutes of the regular meeting of August 10th, 1989, and the budget hearing of August 17th, 1989, as written. 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 meeting's agenda. Ray Artz, ZOO AMPHITHEATER 13140 Doyles Court, spoke in opposition to the proposed Zoo amphi- theater. Most of the people in his neighborhood are opposed to it. They are concerned about the scale of the proposal, 20,000 seats; and associated traffic, litter, dirt and nuisance problems. He asked that the Council find out how the residents feel about it and look at the impact and noise. Dana Larson, 12812 Floral Avenue, said the citizens have placed their trust in their elected officials to manage the community consistent with the needs and wants of the community. The Zoo and developers are using these resources for their own benefit and not to benefit the community. The proposal is inconsistent with the mission of the Zoo and the image of the community. She urged the Council to take a public position on this proposal soon and oppose it. Mayor Branning said the Council asked Staff to get information about the amphitheater when they first heard about it. They have had input from a consultant familiar with amphitheaters. They are also prepared to activate a study group to gather information if the proposal is actually brought to the City. Mr. Melena said the Chamber of Commerce will be hosting a symposium on October 4, 1989, and will be asking the Zoo and "Citizens for a Better Zoo" to each present their views. Councilmember Humphrey said he has visited both the Miami and Nashville amphitheater sites to familiarize himself with what might be proposed. The lobbying efforts with local legislators, this past session, were also effective in keeping control of the issue in the hands of local government. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 2 Mr. Welsch reviewed the process which the Zoo will have to follow if it decides to proceed with the proposal; that is, it would need amendment of its planned development from the City, County Board approval, Metropolitan Council review and possibly DNR review. It may also need an environmental assessment worksheet. Councilmember Holton said, at this point, the Council must wait until an application for something from the Zoo is submitted. Councilmember Savanick said it is also important for the Council to keep and open mind and look at all the information before making a decision in this matter; just as it would for any other matter brought before it. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 164 declaring August 27, 1989, to be "Clem Erdman Recognition Day" in appreciation of his service to the Valley Athletic Association. Ayes - 5 - Nays - O. RES. 1989-164 CLEM ERDMAN RECOGNITION DAY Randy Johnson introduced Mr. Erdman, who is retiring as V.A.A. Softball Commissioner, and commented on his 15 years of service to the Valley Athletic Association. Mayor Branning read the resolution and a framed copy was presented to Mr. Erdman. MOTION: of Goodwin, seconded by Holton, moving the Knottywoods storm sewer agreement to the regular agenda, tabling consideration of the liquor store lease agreement, adding hiring secretary to the consent agenda and approving the items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 165 designating Lon Aune as the project representative and authorizing submittal of a Clean Water Partnership Grant Application for a Lac Lavon Diagnostic-Feasibility Project. Ayes - 5 - Nays - O. RES. 1989-165 LAC LAVON GRANT REPRESENTATIVE RES. 1989-166 LAC LAVON GRANT CONTRIBUTION RES. 1989-167 TAKE BIDS TREE REMOVALS CHANGE ORDER 5 PROJ. 87-280 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 166 declaring the City's support and intent to contribute matching funds of $35,450.00 for a Lac Lavon Clean Water Partnership Grant Project. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 167 approving specifications for "Removal of Park Property Trees" and authorizing advertising for bids to be received at 2:00 p.m. on September 20, 1989. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 5 to the contract with Fredrickson Excavating for Project 87- 280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $23,808.00. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 3 MOTION: of Goodwin seconded by Holton, approving Change Order No. 3 to the contract with J.P. Norex, Inc., for Project 88-297, Woods Additions Utility and Street Improvements, in the amount of an additional $16,736.52. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, approving Change Order No. 1 to the contract with CECA Utilities for Project 88~313, Rolling Ridge Utility and Street Improvements, in the amount of an additional $16,684.20. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, approving Change Order No. 2 to the contract with CECA Utilities for Project 88-313, Rolling Ridge Utility and Street Improvements, in the amount of an additional $13,156.48. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, approving Change Order No. 1 to the contract with McNamara Contracting for Project 89-319, 1989 Street Maintenance, in the amount of a $42,434.28 deduction. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, approving Change Order No. G- 2 to the contract with T.C.I. General Contractors for the Eastview Athletic Complex Shelter Building in the amount of a $750.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, accepting Project 88-297, Woods Additions Utility and Street Improvements, as final and authorizing final payment on the contract with J.Pt Norex, Inc., in the amount of $11,955.80. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, accepting Project 88-306, Eagle Ponds Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $1,000.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Holton, accepting the mechanical contract for Apple Valley Community Center as final and authorizing final payment on the contract with McGuire Mechanical Services in the amount of $1,000.00. Ayes - Nays - 0. MOTION: of Goodwin, seconded by Holton, accepting the architectural contract for Apple Valley Community Center as final and authorizing final payment on the contract with Cording- Natwick-Hilbert Architects in the amount of $1,183.41. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, authorizing release, in total, of the subdivision financial guarantee for Lac Lavon Shores 3rd Addition. Ayes - 5 - Nays - 0. CHANGE ORDER 3 PROJ. 88-297 CHANGE ORDER 1 PROJ. 88-313 CHANGE ORDER 2 PROJ. 88-313 CHANGE ORDER 1 PROJ. 89-319 CHANGE ORDER G-2 EASTVIEW BUILDG. FINAL PAYMENT PROJ. 88-297 FINAL PAYMENT PROJ. 88-306 FINAL PAYMENT AVCC MECHANICAL CONTRACT FINAL PAYMENT AVCC ARCHITECT CONTRACT RELEASE BOND LAC LAVON 3RD CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 4 MOTION: of Goodwin, seconded by Holton, approving 1989 off-sale 3.2 boer, filling station and cigarette sales licenses for Brooks Food Market in East Valley Plaza. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving an exemption for charitable gambling license for the Apple Valley Fire- fighters' Relief Association on September 23, 1989, at Fire Station No. 1, and waiving the 30-day waiting period. Ayes 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 168 approving special assessment divisions for filing with Dakota County on: 18293 - Eagle Hills 1st Addition; 18294 - Nordic Woods 6th Addition; 18311 - Huntington 4th Addition; 18303 - Future Galaxie Right-of-Way; 18335 ~ Broner Woods; and 18326 - Wirsbo Unplatted Area. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving continuation, for the next three-year period, of the cooperative agreement with Dakota County for the Community Development Block Grant Program. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving the expenditure of $89,745.00 from the Park Dedication Fund for completion of the Park Bond Issue Construction Projects as detailed in the Park & Recreation Director's memo dated August 15, 1989. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 169 approving the final plat and development agreement for Eagle Hills Second and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 170 reapproving the final plat and development agreement for Palomino Lakeside Meadows 1st Addition Replat and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 171 authorizing acquisition of land for Galaxie Avenue Right- of-Way, south to 160th Street, by negotiation, court order and/or condemnation. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving the organization chart and liquor operations staffing as detailed in the City Administrator's memo dated August 16, 1989, consisting of six fulltime and 18 parttime employees. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, tabling consideration of a lease agreement for Liquor Store No. 1 relocation until September 7, 1989. Ayes - 5 - Nays - 0. BROOKS MARKET LICENSES FIRE RELIEF GAMBLING EXEMPTION RES. 1989. 168 VARIOUS ASSES- MENT DIVISIONS CONTINUE COUNTY CDBG AGREEMENT PARK DEDICATION FUND EXPENDIT RES. 1989-169 FINAL PLAT EAGLE HILLS 2ND RES. 1989-]70 FINAL PLAT PAL. MEADOWS 1 REPLAT RES. 1989-171 GALAXIE AVE. CONDEMNAT . LIQUOR OPERATION REORGANIZATION TABLE LIQUOR LEASE CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 5 MOTION: of Goodwin, seconded by Holton, approving the appointment of Bob Rahn as a member of the Apple Valley Fire Department. Ayes - 5-- Nays - 0. MOTION: of Goodwin, seconded by Holton, approving position descriptions under the Personnel Plan for Liquor Operations Manager, Liquor Store Manager and Parttime Bookkeeper. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring Beverly Grove as a Police Dispatcher effective September 4, 1989, and Donald Swandby as an Assistant Liquor Store Manager effective August 25, 1989. Ayes - 5 - Nays - 0. RAHN FIRE DEPT. MEMBER LIQUOR POSITION DESCRIPTIONS HIRE GROVE & SWANDBY HIRE PARTTIME EMPLOYEES HIRE MORONI SECRETARY MOTION: of Goodwin, seconded by Holton, approving hiring the parttime and seasonal employees listed in the Personnel Director's memo dated August 24, 1989. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring Marsha Moroni as Administration Secretary effective August 25, 1989. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Gretz reviewed the proposed storm sewer easement agreement on KNOTTYWOODS Lot 18, Block 1, Knottywoods, which is required in connection with STORM SEWER improvements being made to 134th Street. The cost is recommended to be paid from the storm sewer fund and would not be assessed with the project. This would be a permanent easement rather than a temporary easement as described in the draft agreement. Mr. Sheldon said the $4,900 price was arrived at as the fair market value of the property including estimated legal fees and costs that would be associated with a condemnation. If this is not accepted by the property, owners, it would be necessary to proceed with condemnation. '- MOTION: of Humphrey, seconded by Savanick, approving an agreement with Wilton and Nancy Anderson for acquisition of a permanent storm sewer easement on Lot 18, Block 1, Knottywoods, at a cost of $4,900.00 and authorizing proceeding with acquisition by condemnation if not accepted by the property owners. KNOTTYWOODS ANDERSON STORM SEWER AGREEMENT Mr. Anderson said he did not know what was being proposed to the Council in the agreement. His attorney had reviewed a draft and recommended some changes. They were discussed in a conference call and he was informed the changes were not acceptable and the City would be condemning. He would be willing to accept the original agreement as drafted by the City Attorney, but the easement location has not been established and is uncertain about agreeing to a permanent easement. Mr. Sheldon said the original draft of the agreement referred to a temporary easement with a permanent easement at some future date. The City should establish a permanent easement now and if it is necessary to relocate it at a future date, the old easement could be vacated. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 6 Mrs. Anderson expressed concern about ths size of the easement and maintenance. Mr. Gretz said it would be a standard 15-foot wide easemsnt and the location would be worked out with the Andersons. These easements are not maintained by the City. This is a natural area and would not be sodded. Vote was taken on the motion. Ayes - 5 - Nays - 0. Tho Council received the Assistant Administrator's memo dated August FIRE STATION 21, 1989, concerning Fire Station No. 1 expansion/renovation. Ellen EXPANSION Luken, of Winsor/Faricy Architects, was present and reviewed the plans which include offices and garage space for ALFAmbulance. The exterior would be masonry with either Kasota stone or tile for decorative elements. Three options for the exterior have been prepared. The Mayor asked if the Fire Department had any comments. Bob Nelson and Rollie Lindeman, of the Fire Facilities Committee, were present and said the committee preferred the exterior color scheme with green accents; however, their main concern is having a functional building. Mr. Melena said cost estimates range from $600,000 to $830,000 and suggested having plans prepared with optional Kasota stone. If the bids are too high, they could be rejected and the plans modified. Mr. Lawell said the plans will include an alternate of spring construction which may decrease the cost. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 172 authorizing preparation of plans and specifications for Fire Station No. 1 Expansion/Renovation, as presented, and advertising for bids to be received at 2:00 p.m. on October 6, 1989. Ayes - 5 - Nays - O. RES. 1989-172 FIRE STATION 1 EXPANSION BIDS Mayor Branning called the public hearing to order at 9:40 p.m. to PUBLIC HEARING consider vacating part of 129th Street in Nordic Woods 8th Addition 129TH STREET and noted receipt of the affidavit of publication of the hearing VACATION notice. Mr. Kelley said the cul de sac on this street is being moved in connection with replatting Outlot A as Nordic Woods 12th Addition. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 9:41 p.m. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-173 completing vacation of part of 129th Street, as dedicated in the plat of Nordic Woods 8th Addition, and authorizing recording the documents with Dakota County. Ayes- 5 - Nays - 0. RES. 1989-173 VACATE 129TH ST. NORDIC WOODS 8TH RES. 1989-176 & ORDINANCE 456 REZONING SW OF 140TH & CEDAR MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-176 establishing purposes and reasons related to rezoning the east part of parcel number 0t-02800-010~01 from R-1A to LB-1; the west part of parcel number 01-02800-010-01 from R-lA to M~3; and parcel number 01-02800-016-02 from R-iA CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 7 to M-3, all in the Northeast Quarter of the Northeast Quarter of Section 28, and passing Ordinance No. 456 effecting this rezoning as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report concerning a build- GRACE CHURCH lng addition and variances for Grace Lutheran Church. He noted that ADDITION & the additional right-of-way needed for future widening of Pennock VARIANCES Avenue necessitates variances along the east side of the property. The drop-off area on the south side of the building has been modified in conformance with the Planning Commission's recommendation. Mayor Branning questioned whether the parking lot access on the west side would become a short cut to the shopping center and the need for a berm along the south side. Because the area next to the residential lots is already heavily landscaped, the berm will not add to the screening and would become a maintenance problem. Councilmember Humphrey expressed concern about getting the additional right-of-way for Pennock. Mr. Gretz said the City has been working with the Church to acquire it and relocate the driveway accesses. Couneilmember Savanick questioned how long it might be before part of the old building is demolished and expressed concern about the appearance along County Road 42 if a variance from installing the curb is granted. It was suggested that this be required in lieu of requiring the berm along the south side of the parking lot. Use of the ring route design along Pennock was discussed and Mr. Gretz said it is planned that this design extend only along the Church property. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a building permit for Grace Lutheran Church's building addition, 7800 County Road 42, and granting the building, parking lot and driveway variances, as recommended by the Planning Commission, except requiring perimeter curbing and parking lot overlay on the northwest corner and eliminating the berming requirement along the south side of the parking lot; all subject to the City acquiring the necessary addi- tional right-of-way for Pennock Avenue. Ayes - 5 - Nays - 0. GRACE LUTHERAN CHURCH BUILDING PERMIT, VARIANCE AND PENNOCK RIGHT-OF-WAY RES. 1989-174 TAKE BIDS PROJ. 89-336 RES. 1989-175 TAKE BIDS PROJ. 83-183 MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1989-174 approving the plans and specifications for Project 89-336, Eagle Hills 2nd Addition Utility and Street Improve- ments, and authorizing advertising for bids to be received at 2:00 p.m. on September 14, 1989. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1989-175 approving the plans and specifications for Project 83-183, 149th Street and Granada Avenue Parking Lot Improve- ments, and authorizing advertising for bids to be received at 2:00 p.m. on September 14, 1989. Ayes - 4 - Nays - 1 (Goodwin). GITY OF APPLE VALLEY Dakota County, Minnesota August 24, 1989 Page 8 The Council received a report dated August 23, 1989, from the Parks PARK & REC. and Recreation Advisory Committee. Mr. Johnson reviewed the details COMMITTEE REPO~% which included: recommendation not to acquire the Schultz and Coady properties; further review of a request to purchase the Galles property; recommendation to deny changing the name of Nordic Park; and endorsement of repaying the overage in park bond construction costs from the Park Dedication Fund. The Council accepted the report. The Council discussed its October 19th, 1989, informal meeting and concurred it should be a joint meeting with the Planning Commission, Committees and School Board. OCTOBER JOINT MEETING 1988 AUDIT MGMT. LETTER GAMBLING ORD. The Council received a memo from the City Administrator dated August 24, 1989, along with the 1988 audit management letter from Ernst & Whinney. Mr. Melena reviewed the ten issued highlighted in the letter. The Council received a memo from the City Administrator dated August 24, 1989, concerning a clarification of the individuals who may sell gambling chances under the City's gambling ordinance. took no action. The Council received the memo and Mr. Welsch advised the Council that the topic of the Planning Commis- PLANNING sion's August 30th, 1989, work session will be multiple dwelling zoning WORK SESSION districts and he invited them to attend. Mr. Lawell advised the Council that remodeling on Liquor Store No. 2 LIQUOR STORE 2 is nearing completion. Awnings will be installed on each side of the AWNINGS foyer entrance. He showed the Council samples of the materials and the Council concurred with installation of the vinyl coated material with back lighting. Mayor Branning said he has been receiving material on drug prevention DRUG PREVENTION programs and questioned what the City's involvement should be. Mr. PROGRAM Melena said the Dakota County Administrators have been discussing this matter also and perhaps it should be a considered on a county-wide basis. The Police Department is exploring these programs, and information could be referred to them. The Council concurred. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 69848, 70342 through 70454, 70461 through 70498 and 70523 through 70607, in the total amount of $3,323,315.31. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Savanick, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:17 o'clock p.m.