CITY OF APPLE VALLEY
Dakota County, Minnesota
May 9, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 9th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin, and Sterling.
ABSENT: Councilmember Humphrey
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, and Police Chief Willow.
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.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0.
PROCLAMATIONS
Dory Swedeen, of Apple Valley American Legion Auxiliary Unit 1776, read a proclamation for "Poppy Days" on May 17 and 18, 1996. Vern Yetzer, of American Legion Post 1776, read a proclamation for "Memorial Day" on May 27, 1996.
MOTION: of Sterling, seconded by Erickson, proclaiming May 17 and 18, 1996, as "Poppy Days"; and May 27, 1996, as "Memorial Day"; and urging all citizens to participate in appropriate observations of these occasions. Ayes - 4 - Nays - 0.
AUDIENCE
Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. No one was present to speak.
CONSENT AGENDA
MOTION: of Sterling, seconded by Goodwin, removing the Agreement with Marcus Cable regarding franchise renewal from the agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of April 25th, 1996, as written. Ayes - 3 - Nays - 0 (Branning Abstained).
MOTION: of Sterling, seconded by Goodwin, proclaiming May 19 through 25, 1996, as "Emergency Medical Services Week" in Apple Valley. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1995-96 accepting, with thanks, the donation by Judith Ritchie Holm of a 1979 Chrysler automobile to the Fire Department for training purposes. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-97 approving an Application for Exemption from Lawful Gambling License for Minnesota Deer Hunters Association, Minnesota River Valley Chapter, for an event on June 30th, 1996; and waiving the waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-98 approving an Application for Exemption from Lawful Gambling License for Apple Valley American Legion Auxiliary, Unit 1776, for an event on July 3, 1996; and waiving the waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving issuance, by the Minnesota Liquor Control Director, of a Temporary Off-Sale License for a Wine Auction to the Minnesota Zoo Foundation for use on June 22, 1996, at the Minnesota Zoo. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving issuance of Temporary On-Sale 3.2 Percent Malt Liquor Licenses to the Rosemount Jaycees for use on May 18-19, 1996, at Eastview; on July 4, 1996, at Hayes Field; and on July 4, 1996, as Eastview. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving a three-year Aquatic Nuisance Management Service Agreement with the City of Burnsville and Lake Management, Inc., for treatment of Eurasian watermilfoil in Lac Lavon, at a total cost of $21,000 with Apple Valley’s share being $3,340; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-99 granting a Conditional Use Permit for installation of a 125-foot antenna pole on Lot 1, Block 2, Eastview Addition (Central Maintenance Facility site), by AT&T Wireless; with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving a Site Lease Agreement with ACC/McCaw Cellular of Minneapolis, d/b/a AT&T Wireless Services, for an antenna site on Lot 1, Block 2, Eastview Addition (Central Maintenance Facility) as described in the Public Works Director’s memo dated May 3, 1996, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-100 receiving the preliminary engineering report on Project 96-517, Wyndemere 2nd Addition Utility and Street Improvements, and setting a public hearing on it; at 8:00 p.m., on June 6, 1996. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-101 directing the City Engineer to prepare plans and specifications for Project 96-517, Wyndemere 2nd Addition Utility and Street Improvements. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Nordic Woods 17th Addition, from $69,250.00 to $46,000.00. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-102 approving the final plat and subdivision agreement for Cherry Oak Estates 3rd Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-103 awarding the contract for Project 95-484, Cherry Oak Estates 3rd Addition Utility and Street Improvements, to Hydrocon, Inc., the low bidder, in the amount of $72,359.00. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-104 awarding the contract for Project 95-497, Deer Run Utility Improvements, to Schield Construction, the low bidder, in the amount of $85,341.57. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-105 awarding the contract for Project 95-504, Lots 13, 14 & 15, White Oak Ridge Utility Improvements, to Hydrocon, Inc., the low bidder, in the amount of $45,683.00. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-106 awarding the contract for Project 96-505, 1996 Street Maintenance Program, to Vi-Con, Inc., the low bidder, in the amount of $643,242.39, subject to approval by the Minnesota Department of Transportation State Aid Office. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, receiving the 1995 Community Landfill Abatement Annual Report as submitted to Dakota County in compliance with the requirements of the joint powers funding agreement. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, receiving the 1995 Cable Television Annual Report of the Cable Television Advisory Committee. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, abandoning the hiring process for the Human Resources Coordinator position and authorizing Staff to solicit applications for the position of Human Resources Manager as described in the City Administrator’s memo dated May 1, 1996. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving hiring Bridget C. Samson for the full-time position of Recreation Specialist, effective May 20, 1996, as listed in the Addendum to the Personnel Report dated May 9, 1996. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving the promotion of W. Michael Dyer to the position of Police Sergeant effective June 8, 1996, as listed in the Personnel Report dated May 9, 1996. Ayes - 4 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated May 9, 1996. Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
ORDINANCE REGULATING NOISES AND NOISY PARTIES
Police Chief Willow gave the second reading of a proposed ordinance adding Sections 14-83 and 14-84 to the City Code regulating noise from electronic sound systems and audio equipment and from parties or gatherings. It has exceptions for certain sounds related to school, church, Zoo and other public activities. The first reading was accepted April 25, 1996.
MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 615 adding Sections 14-83 and 14-84 to the City Code regulating noise from electronic sound systems, audio equipment, and parties or gatherings. Ayes - 4 - Nays - 0.
SPECIAL ASSESSMENT ROLLS 387 TO 390 AND 391
Mayor Branning called the public hearing to order at 8:12 p.m. to consider 1996 Special Assessment Rolls No. 387 to 390 and No. 391 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed Rolls 387 to 390, totaling $415,320.00, for improvement projects. He also reviewed Roll 391 for delinquent utility charges totaling $20,280.36. No written objections were received. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:14 p.m.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-107 approving 1996 Special Assessment Rolls No. 387 to 390, totaling $415,320.00, for certification to the tax rolls. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1996-108 approving 1996 Special Assessment Roll No. 391, delinquent utility charges totaling $20,280.36, for certification to the tax rolls. Ayes - 4 - Nays - 0.
PROJECT 96-507, GOODWILL INDUSTRIES IMPROVEMENTS
Mayor Branning called the public hearing to order at 8:15 p.m. to consider Project 96-507, Goodwill Industries (Quad Partnership Addition) Utility and Streetscape Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated March 21, 1996. He noted that the entrance from 153rd Street has been moved to the west to be a common entrance with Frank’s Nursery. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:17 p.m.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-109 ordering installation of Project 96-507, Goodwill Industries Utility and Streetscape Improvements. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1996-110 approving plans and specifications for Project 96-507, Goodwill Industries Utility and Streetscape Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on June 6, 1996. Ayes - 4 - Nays - 0.
OLD PALOMINO DRIVE STREET VACATION
Mayor Branning called the public hearing to order at 8:18 p.m. to consider vacating a portion of Palomino Drive at the County Road 11 intersection. Mr. Kelley reviewed his memo dated May 6, 1996, concerning the relocated intersection of Palomino Drive and County Road 11. When the new intersection is open, the old portion of Palomino Drive will no longer be needed and vacation is recommended. It is expected the construction will be completed in June and completion of the vacation can be scheduled at that time.
The Mayor asked for questions or comments from the Council and the public. John Erickson, of Burnsville, said he has seen the new intersection alignment, with the shopping center driveway on the west side of County Road 11, and supports the decision. There were no other questions or comments and the hearing was declared closed at 8:21 p.m.
PERMITTED USE DETERMINATION IN "I-1" ZONING DISTRICT
Mr. Kelley reviewed his memo dated May 6, 1996, concerning a request to determine whether or not a church is a permitted use in a light industrial zone. David Ericksmoen, of VenStar, was present and reviewed his letter of May 3, 1996, requesting the determination. He is considering a 10-year lease with the Village Church of Hope.
Councilmember Erickson asked if this determination would set a precedent? Mr. Kelley said it would affect the I-1 zone and allow church use on all property zoned I-1. A zoning ordinance amendment, such as making this a conditional use, would be necessary if restrictions were to be imposed. Restrictions could include limiting the use to multi-tenant buildings and demonstrating parking availability. The amendment would require a hearing by the Planning Commission and its recommendation could be brought back to the Council in June.
Mayor Branning asked if time restrictions could be instituted? Mr. Sheldon said the request, as presented, is a determination on a permitted use. If the zoning ordinance were amended to make this a conditional use, the conditions could be established. In those instances, the use continues as long as it meets the conditions.
Russ Field and John Erickson, representing Village Church of Hope, were present and commented that parking should be more than adequate since they would be using it when other occupants of the site do not use parking. They would be using the space for office and classroom purposes, which are already allowed, during the week.
MOTION: of Goodwin, seconded by Erickson, directing Staff to schedule a public hearing before the Planning Commission, at its next available meeting, to consider amending Section A1-41 of the City Code related to conditional uses in "I-1" limited industrial zoning districts. Ayes - 4 - Nays - 0.
ORDINANCE REGULATING DANGEROUS DOGS
Police Chief Willow gave the first reading of a proposed ordinance amending Sections 5-1 and 5-11 of the City Code regarding potentially dangerous and dangerous dogs. State law makes no provision for an owner to appeal a dangerous dog declaration which has been a defect in the process. This ordinance provides for a hearing before the owner is required to comply with all of the requirements in the State dangerous dog statute. The Council accepted the first reading. The second reading will be scheduled for June 6, 1996.
MEETING CANCELLATION
MOTION: of Erickson, seconded by Sterling, canceling the regular meeting of May 23, 1996. Ayes - 4 - Nays - 0.
COUNCIL ITEMS AND COMMUNICATIONS
Councilmember Sterling noted that the Association of Metropolitan Municipalities (AMM) annual meeting will be May 23, 1996, at the Thunderbird Hotel, in Bloomington.
Mayor Branning showed a copy of a new marketing brochure prepared and distributed by Metro East Development Partnership.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated May 1, 1996, in the amount of $5,086,118.09; and May 8, 1996, in the amount of $902,809.50. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 8:57 o’clock p.m.