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HomeMy WebLinkAbout02/13/1986CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Februmry 13th, 1986, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; City Administrator Asleson and City Clerk Mueller. ABSENT: None. 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. MOTION: of Holton, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA WHEATON STORM POND AGREEMENT PROJ. 84-9 ENGINEER FEE SETTLEMENT RES. 1986-13 SET HEARING EASEMENT VACATIONS HIRE CLERK- TYPIST I SMITH JAYCEES TEMP. BEER LICENSE PERKINS CIG. LICENSE CHANGE ORDER 1 PROJ. 85-235 MOTION: of Goodwin, seconded by Holton, approving all items on the con- sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, approving a Temporary Storm Sewer Ponding Agreement with Earl Wheaton for 1986 and authori- zing payment by the City of $1,000 for the temporary pond. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, accepting a design fee settle- ment from Bonestroo, Rosene, Anderlik & Associates, Inc., in the amount of $634.86 for Project 84-9, City Hall and Liquor Stores Re-roofing. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. i986- 13 setting a public hearing at 8:00 p.m. on March 27, 1986, to consider vacating drainage and utility easements on Lots 4 and 5, Block 3, Timberwick 7th Addition, and Outlots A and B, The Oaks of Apple Valley II. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring Jill Smith for the position of Clerk-Typist I in the Police Department effec- tive February 24, 1986, at a starting salary of $1,025.00 per month. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a temporary on-sale 3.2 Beer License for the Apple Valley Jaycees on February 16, 1986, at Valleywood Golf Course. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a 1986 cigarette sales license for Perkins Restaurant. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 1 to the contract with Viking Pipe Services fbr Project 85-235, Sewer Television Inspection, in the amount of an additional $150.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 2 MOTION: of Goodwin, seconded by Holton, approving Change Order No. 2 to the contract with McNamara Contracting Co. for Project 85- 219, Galaxie Avenue Improvements, in the amount of an additional $14,979.71. Ayes - 5 - Nays - 0. CHANGE ORDER 2 PROJ. 85-219 PRELIM. REPORT 151ST & FOLIAGE CHANGE ORDER 2 EQUIP. STORAGE BUILDING HIRE PARTTIME EMPLOYEES JAN. 17, 1986 MINUTES JAN. 23, 1986 MINUTES AUDIENCE DISCN. MOTION: of Goodwin, seconded by Holton, directing the Engineer to pre- pare a preliminary feasibility report for public improvements to extensions of 151st Street and Foliage Avenue in Section 34. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 2 to the contract with Balco Building Systems, Inc., for the Equipment Storage Building in the amount of an additional $3,510.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the parttime employees as listed in the memo from the City Administrator dated January 30, 1986. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Holton, seconded by Savanick, approving the minutes of the special meeting of January 17th, 1986, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of January 23rd, 1986, 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. There was no one present to speak. Jerry DeMoulin, of Coldwell Banker, was present and said the buyers of Lot 6, Block 13, Apple Valley 3rd Addition, are no longer interested in the purchase. The buyer of Lot 7 has submitted a purchase agreement for Lot 6 also for the same price of $20,000. These lots are the site of the old water tower. MOTION: of Humphrey, seconded by Holton, accepting the purchase agree- ment of LaCroix Builders for Lot 6, Block 13, Apple Valley 3rd Addition, in the amount of $20,000 and authorizing the Mayor and Clerk to sign the same subject to review of the documents by the City Attorney. Ayes - 5 - Nays - 0. SELL LOT 6, BLK 13, A.V. 3RD Mayor Branning called the public hearing to order at 8:09 p.m. on the PUBLIC HEARING application of B.J.S., Inc., d/b/a R. Berry's, for an on-sale and B.J.S., INC. Sunday liquor license at 7721 West 147th Street. Mr. Asleson said the LIQUOR LICENSE current licensee, Shonrik Development, Inc., is remodeling the premises and it is on this expanded area the new application is being filed. A drawing of the proposed expansion was distributed and John Barnas, representing R. Berry's described the area being added. Councilmember Humphrey asked if doors in the expanded area will be used as entrances also? Mr. Barnas said yes, at CItY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 3 this time. Councilmember Holton asked if the business will continue to cater to the same clientele? Mr. Barnas said they intend to enforce the dress code and improve monitoring activities around the business. Mayor Branning asked if there were any further comments on the new license appli- cation itself and noted expansion of the premises will have to be considered as a separate item. There were no other questions and the hearing was declared closed at 8:18 p.m. Consideration of the new license application will be scheduled for the February 27, 1986, meeting. The Council received the memo dated February 10, 1986, from the City Clerk con- cerning .expansion of the premises at 7721 West 147th Street. Rick Kelley said R. Berry's is now in the process of complying with the Building Code in its remodeling. Parking requirements in the zoning ordinance are not linked to a building permit when remodeling is involved. Parking would have to be addressed by the Council as a separate issue; such as prohibiting parking on the street. MOTION: of Goodwin, seconded by Humphrey, to consider the request of CONSIDER R. Shonrik Development, Inc., d/b/a R. Berry's, to expand the prem- BERRY'S EX- ises included in its on-sale liquor license. Ayes - 5 - Nays - 0. PANDED PREMISES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986-14 amending liquor license 2133, as approved by Resolution No. 1985-223, for Shonrik Development, Inc., d/b/a R. Berry's, to include the premises shown in the drawing subject to compliance with the Uniform Building Code. RES. 1986-14 AMEND LIQUOR PREMISES R. BERRY'S Councilmember Humphrey said he is concerned about parking in the entire area and perhaps pACkingshould be prohibited entirely on 147th Street which would help reduce the hazard of people crossing the street between parked cars to get to the Granada parking lot. He also expressed concern about the appearance of the building on the Pennock side because of lack of screening for garbage containers and other materials stored there. Mr. Asleson said unless these items become such a problem as to be considered a nuisance, clean up would have to be voluntary. Members of the Police Department, in the audience, were asked their opinions of the parking situation. Steve Kurtz said parking seems to be a problem because of the locations of the driveways to 147th Street on both sides of it and one-way entrances and exits would probably help. Merle Lohse said prohibiting parking on 147th between Pennock and Granada would probably be appropriate. Councilmember Savanick said she believes parking around the Post Office, as well as this area, is a problem. The Mayor suggested Staff work with the Police Depart- ment and prepare a recommendation on parking in the 147th-Granada-Pennock area for the next meeting. Rick Kelley said the original building, in which R. Berry's is located, was granted a parking variance. With the changes in uses since it was built, parking is now inadequate. These kinds of changes are not addressed in the zoning ordinance. Councilmember Savanick said ihadequate lighting in the area contributes to parking and pedestrian crossing problems and should be looked at also. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 4 Jon Gurban introduced Virginia Sterling, of the Mid-Winter Fest Committee, who reviewed activities planned for the City's 9th annual event, February 14th to 16th, 1986. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1986- 15 proclaiming February 14 to 16, 1986, as "Apple Valley Mid- Winter Fest 86" and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. RES. 1986-15 PROCLAIM MID- WINTER FEST PARTY PERMIT VALLEY BIKE & SKI HOT AIR BALLOON PERMIT AT HAYES MOTION: of Goodwin, seconded by Humphrey, granting a party permit, under City Code Section 14.5(g), to Valley Bike and Ski for a Wine and Cheese Moonlight Ski Party at Valleywood Golf Course and Park on February 14, 1986, in connection with Mid- Winter Fest activities. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, granting a permit to use Hayes Park as a take off site for a hot air balloon to radio station KS-95 on February 15, 1986. Ayes - 5 - Nays - 0. The Council received a revised draft of a resolution calling for a special park bond election. Mr. Asleson reviewed the language of the question and said the City's bond counsel had advised that if specific items are included in the question and the bonds are issued, it would be his opinion the City is obligated to do all the improvements. If the language is less specific, it would meet the approval of the bond attorney also and maximum flexibility would be retained. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1986- 16 setting a special bond election on April 22, 1986, on the question: "Shall the City Council of the City of Apple Valley, Minnesota be authorized to issue General Obligation Bonds of the City in an amount not to exceed $3,970,000 to finance the acquisition, construction and betterment of parks and park im- provements including, without limitation, the renovation and improvement of the Redwood Community Building, the development of an athletic field,complex and the construction and renova- tion of a community center at Hayes Park?" RES. 1986-16 SET SPECIAL PARK BOND ELECTION Councilmemher Holton asked if the words "without limitation" are needed? Jim Sheldon said "but not limited to" could be substituted. Mayor Branning said the language of the question could be shortened, if the Council desires, and an explanation provided to the public through literature and informational meetings. MOTION: of Humphrey, seconded by Savanick, amending the above motion by putting a question mark after "park improvements?" and de- leting the rest of the sentence beginning with the word "including ........ " AMEND MOTION Councilmember Goodwin questioned whether some explanation of the purpose should remain in the question. Councilmember Savanick said she believes it should be kept simple with explanation provided by literature. Vote was taken on the amendment. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 5 The Council received a memo dated January 27, 1986, from the City Administrator concerning the 1986 AFSCME Labor Agreement. Mr. Asleson reviewed some of the changes from the 1985 agreement and noted wages increased an average of 4.03 percent. MOTION: of Holton, seconded by Savanick, approving the 1986 Labor Agree- ment between the City and AFSCME Local No. 479, as per the draft dated January 27, 1986, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. 1986 AFSCME LABOR AGREEMENT Mr. Asleson said the status of Police labor negotiations was discussed at POLICE LABOR the Council's informal meeting on February 6, 1986. A mediation session NEGOTIATION was held January 31, 1986, and the union informed the City it would be STATUS REPORT filing for arbitration. A formal notice has not been received yet. Police Chief Rivers has had informal discussions with some union members and they did not result in any progress. They will continue to try and resolve matters prior to arbitration and keep the Council informed. Steve Kurtz, President and Steward of the Union, was present and asked to give the Council its points an issue. Mr. Kurtz distributed a list of nine items to the Council. Mayor Branning said the Council is Open to communication at any time. The Council cannot directly negotiate with the union, but is willing to listen. Mr. Kurtz said the list of issues he received following the January 31st mediation session includes items that are not necessarily problem areas for the union. The list distributed tonight are important items to the union, but are open to nego- tiation also. Mr. Asleson said the City has not received the information from the mediatoryet. MOTION: of Holton, seconded by Goodwin, granting a frontyard setback variance for Lot 13, Block 1, Forest Point, to allow construc- tion to within 26 feet of the front lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. VARIANCE, LOT 13, BLK. 1, FOREST POINT ARBY'S BLDG. PERMIT & SIGN VARIANCE MOTION: of Goodwin, seconded by Savanick, authorizing issuance of a building permit for an Arby's Restaurant on Lot 3, Block 1, Apple Valley Square 4th Addition, according to plans dated Jan- uary 29, 1986, subject tO providing a 24-foot minimum width driveway access to 153rd Street and reducing the adjadent park- ing island curb length to 20 feet; and granting a variance to the sign ordinance to allow a minimum ground clearance of eight feet, all as recommended by the Planning Commission. Doug Kennedy, representing Franchise Associates, Inc., the owner, was present and described the building. They plan to be under construction by late spring. Vote was taken on the motion. Ayes - 5 - Nays - 0. Rick Kelley reviewed his memo dated February 13, 1986, requesting a temporary waiver of platting on property contained in the preliminary plat of Galaxie Park. The purpose is to allow a transfer of title prior to platting. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 6 MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1986- 17 granting a temporary waiver of platting on part of the West Half of the Northeast Quarter of Section 34 to allow title to be transferred on, ametes and bound basis prior to platting. Ayes - 5 - Nays - 0. RES. 1986-17 PLAT WAIVER SECTION 34 John Voss, of Urban Planning & Design, was present and distributed COMP. PLAN amended copies of the Transportation Chapter of the City's Comprehen- TRANSPORTATION sire Plan. There were no major changes; the Chapter was merely amended CHAPTER to reflect what has occurred. He noted that page 14 shows 1984 traffic counts and he compared these volumes with 1977 data. There are a few minor languv age changes to be made in the text, including emphasizing the City's development of a ring route around the Cedar/42 intersection. Once this is revised, the plan will be sent to surrounding communities for comment. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 18 accepting the amended Transportation Chapter of the Compre- hensive Plan, as adopted by the Planning Commission, and authorizing its transmittal to surrounding communities, MnDOT and the Metropolitan Council for review. Ayes - 5 - Nays - 0. RES. 1986-18 ACCEPT AMENDED TRANS. PLAN RES. 1986-19 PLANS & BIDS PROJ. 85-226B RES. 1986-20 PLANS & BIDS PROJ. 86-244 GYPSY MOTH CONTROL PROGRAM POLICE OFFICER OF THE YEAR NOMINATIONS PUBLIC MGMT. FOR SERGEANT PROMOTION MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1986- 19 approving plans and specifications for Project 85-226B, The Daks of Apple Valley III Street Improvements, and authorizing advertisement for bids to be received at 2:00 p.m. on March 18th, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1986- 20 approving plans and specifications for Project 86-244, 155th Street/Menards Public Improvements, and authorizing ad- vertisement for bids to be received at 2:00 p.m. on March 18th, 1986. Ayes - 5 - Nays - 0. The Council received a memo dated February 6, 1986, from Jon Gurban concerning gypsy moth infestation and control. The program of trapping and spraying will be the same as was done in 1985. A public informa- tional meeting will be held February 27, 1986, at 7:30 p.m. at Hayes. The Council received a memo dated January 29, 1986, from Police Chief Rivers informing it that he has nominated four officers for the Minne- sota Chiefs of Police Association annual Police Officer of the Year. The four nominated are Sergeant Tom Lagace and Officers Gregg Spandl, Jim Boyer and Kevin Kallestad. The award will be made in March. MOTION: of Savanick, seconded by Goodwin, authorizing retaining Public Management Consultants to assist the City in filling the posi- tion of an additional Police Sergeant as recommended by the Police Chief. Ayes - 5 - Nays - 0. Consideration of a joint powers agreement with Dakota County related to the, landfill abatement project was deleted from the agenda. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 7 MOTION: of Goodwin, seconded by Holton, authorizing participation in the Municipal Amicus Program proposed by the League of Minnesota Cities to be financed by an additional payment of dues. Ayes - 5 - Nays - 0. PARTICIPATE IN LMC AMICUS PROGRAM The Council received a letter dated January 30, 1986, from Gloria Rea, SCHOOL REQUEST Transportation Director of Schoot District 196, requesting installation FOR 140TH ST. of a pathway along the north side of 140th Street between Everest Avenue PATHWAY and Pilot Knob Road. Mr. Asleson said the City has not included funds for such a pathway in its 1986 budget. Because 140th Street is a County Road at this point, the County should probably be approached first about installing it. Ms. Rea was present and explained the School District's safety concerns and said it will probably be more of a problem when the new Highland Elementary School opens. Councilmember Savanick said she believes there should be a pathway along 140th Street for the entire area between Galaxie Avenue and Pilot Knob Road but understands funding has not been included in the County's Budget for it. The Mayor suggested Staff contact Dakota County about installing the pathway and report back to the Council. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1986- RES. 1986-21 21 amending the reimbursible amount for employee travel expenses AMEND MILEAGE to be 21¢ per mile and setting monthly vehicle allowances at & VEHICLE $205.00 for Richard Asleson, John Gretz and Jon Gurban; $130.00 ALLOWANCE for George Ballenger and Richard Kelley; $42.50 for Deane Running; RATES and $155.00 for Terry Schultz; all effective March 1, 1986. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, setting a special meeting at 7:00 p.m. on May 29, 1986, at City Hall for the purpose of hold- ing the City's annual Board of Review Meeting. Ayes - 5 - Nays - 0. SET 1986 BOARD OF REVIEW MEETING PURCHASE GOLF CUSHMAN VEHICLE. PRELIM. REPORT CASTLE RIDGE IMPROVEMENTS KLINE PLANNING COM. RESIGNATN. MAYOR'S CORRESPONDENCE MOTION: of Holton, seconded by Humphrey, authorizing the purchase of a 1985 demonstrater model Cushman for Valleywood Golf Course for $4,900.00 less trade-in of a top dresser at $150.00 for a net price of $4,750.00. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, directing the Engineer to pre- pare a preliminary feasbility report for public improvements in the area to be known as Castle Ridge, the Hackett/Kleckner property. Ayes - 5 - Nays - 0. The Council received a letter dated February 1, 1986, from Lynne Kline submitting her resignation from the Planning Commission effective with the end of her term expiring March 1, 1986. Mayor Branning said the Council had been invited to a tour for the open- ing of University Hospital's new building on February 21, 1986. Any members planning to attend should contact him. CITY OF APPLE VALLEY Dakota County, Minnesota February 13, 1986 Page 8 Councilmember Savanick said the MTC has distributed promotional litera- MTC ROUTE 39 ture including free rides on Route 39 during February in an effort to PUBLICITY increase ridership on the route. She suggested the local newspapers might be interested in some type of articles on it to help with publicity. MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, checks numbered 31102 through 31105, 47019 through 47101, 47111 through 47199 and 47209 through 47331, in the total amount of $2,130,504.71. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:36 o'clpck p.m.