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HomeMy WebLinkAbout05/09/1985CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1985 Minutes df the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 9th, 1985, at 8:00 oclock p.m. at the City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; 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 BLDG. PERMIT TEMTE HOUSE SECTION 24 A.V. SHOPPING CENTER PARKING LOT VARIANCE COUNCIL MEETING CHANGES MOTION: of Holton, seconded by Goodwin, adding single family building permit, shopping center parking lot and meeting changes to the consent agenda and approving all items onthe consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, authorizing issuance of a build- ing permit to Dale Temte for a single family house on unplatted property in Section 24, in accordance with the survey dated April 5, 1985, by Delmar Schwanz, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a revised site plan dated April 24, 1985, and granting a variance for nine-foot wide parking stalls at Apple Valley Shopping Center as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, cancelling the informal meeting of May 16, 1985; and rescheduling the regular meeting of June 13 to June 10, 1985, at 8:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the City Administrator's memo dated May 6, 1985. Ayes - 5 - Nays - O. HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- RES. 1985-92 92 receiving the preliminary engineering report on Project SET HEARING 84-8, Lac Lavon 1st Addition Improvements, and setting a public PROJ. 84-8 hearing on it at 8:00 p.m. on June 10, 1985. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of April 25th, 1985, as written. Ayes - 5 - Nays - 0. APRIL 25, 1985 MINUTES AUDIENCE DISCN. Mayor Branning asked if any one was present to address the Council at this time on any item not one, this meeting's agenda. There was no one present to speak. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1985 Page 2 Mayor Branning read and signed a proclamation proclaiming May 1985 as ARBOR MONTH & "Arbor Month" in Apple Valley. He also read a letter congratulating TREE CITY USA the City on being awarded TREE CITY USA recognition. Ken Brackee, the City Forestry Specialist, was present and displayed the plaque and flag the City received as part of this recognition. Mayor Branning called the public hearing to order at 8:14 p.m. and noted PUBLIC HEARING receipt of the affidavit of publication of the hearing notice on Project PROJ. 85-220 85-220, Scottsbriar, Phase 1, Improvements. Keith Gordon reviewed the SCOTTSBRIAR proposed improvements as contained in his report dated April 4, 1985. Sewer and water will be installed to the edge of the park on the north side of 142nd Street but not extended at this time. Well No. 14 will be constructed, at a future date, on the south side of 140th Street and water main connected to it at that time. Pathway will be installed with Phase 2 improvements on the east side of Johnny Cake Ridge Road and the south side of 140th Street. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 8:20 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 93 ordering installation of Project 85-220, Scottsbriar, Phase 1, Improvements. Ayes - 5 - Nays - 0. RES. 1985-93 ORDER PROJ. 85-220 RES. 1985-94 PLANS & SPECS. PROJ. 85-220 MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1985- 94 directing the City Engineer to prepare plans and specifica- tions for Project 85-220. Ayes - 5 - Nays - 0. Consideration of a development agreement for Apple Valley Commons was tabled. Mr. Gretz reviewed the revised Carrollton Estates land use amendments to the Com- prehensive Plan. The proposed amendments are for Park/D-IV at the southeast corner and along County Road 42; SC/RB on the southwest corner and LB/RB along Pennock. The D-II and D-III areas do not require amendments. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1985- 95 accepting the proposed amendments to the Land Use Guide Plan Map of the Comprehensive Plan for Carrollton Estates, as recom- mended by the Planning Commission, and authorizing transmitting them to the Metropolitan Council. Ayes - 5 - Nays - 0. RES. 1985-95 CARROLLTON COMPS. PLAN AMENDMENTS DRIVEWAY, LOT 11, BLK 1, REPLAT P.H. 6TH MOTION: of Goodwin, seconded by Humphrey, approving a driveway access to Palomino Drive from Lot I1, Block 1, Replat of Palomino Hills 6th Addition, subject to a driveway turn around being provided, as recommended by the Planning Commission. Councilmember Savanick said she is opposed to driveway accesses on Palomino Drive for safety reasons. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). Mr. Gretz reviewed the Planning Commission's recommendation on a proposed addition to the V.A.A. building at Hayes Field. Mr. Asleson reviewed necessary amendments to the lease agreement to accommodate the addition. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1985 Page 3 MOTION: of Holton, seconded by Goodwin, amending Exhibit B to the lease agreement with Valley Athletic Association by adding the words, "sale of concessions" to paragraph 2, Uses Permitted; and amend- ing the description of the premises to include the area of the proposed building addition and authorizing the Mayor and Clerk to sign the same. AMEND V.A.A. BLDG. LEASE AGREEMENT Councilmember Savanick asked if concession sales will always be done by the V.A.A.? Mr. Gurban said they intend to do so for their functions and a joint venture for other functions has been discussed. Mayor Branning questioned the design of the building addition. Mr. Gretz reviewed the building plans with the Council. Mr. Sheldon noted that the drawing of the building location attached as Exhibit A to the lease would also need revision. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authorizing issuance of a build- ing permit to Valley Athletic Association for expansion of its facility at Hayes Field, subject to either revising the plans to maintain a ten-foot setback from the existing water line or relo- cation of the water line at the V.A.A.'s expense, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BLDG. PERMIT V.A.A. ADDITION FIRE LANES A.V. HIGH SCH00] Mr. Asleson said the School District has established fire lanes at Apple Valley High School and, from the Police Chief's research of the informa- tion, the Police Department can enforce parking restrictions. The Police Department has begun enforcement and he would recommend no further action at this time. The Council received the City's "Star City Report". Councilmember Goodwin STAR CITY said a formal presentation was given April 30, 1985, by the City for re- STATUS REPORT presentatives of the Minnesota Department of Energy and Economic Develop- ment as the final step in completion of the program. Star City status has been approved. Mr. Gretz said June 27, 1985, is the tentative date on which Mark Dayton is scheduled to make the official presentation to the City. Mr. Asleson reviewed the proposed Joint Powers Agreement for Ambulance Service among the Cities of Apple Valley, Lakeville and Farmington. The agreement was approved on May 6, 1985, by the other two cities with the addition of the word "approving" in paragraph C on page 3 and he would concur with the addition. Mr. Sheldon said paragraph 10, page 5, refers:to splitting all debts and liability among the cities based on the percentage of a city's contribution to the total of all contributions. In the case of third party claims, the cities would be jointly and severally liable and it would not be possible to bind insurance companies to this clause. He bas talked with the Lakeville City Attorney on this point and he agrees, but he has not yet contacted Farmington. The Lakeville Attorney is draft- ing a paragraph which would clarify this to the effect that in other than third party claims in an accident situation, liability would be shared on a percentage basis. The Council discussed this and agreed that for timing considerations, this paragraph should be considered as an amendment to the agreement. CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1985 Page 4 MOTION: of Savanick, seconded by Goodwin, approving the Joint Powers Agreement to Provide Ambulance Service with the Cities of Apple Valley, Lakeville and Farmington and authorizing its execution. Ayes - 5 - Nays - 0. AMBULANCE J.P. AGREEMENT RES. 1985-96 FARMINGTON BLS UNIT CONSIDERATION HOLTON APPMT. AMBULANCE OPERATING BOARD MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1985- 96, as requested by the City of Farmington, stating the intent to locate a basic life support unit in Farmington as part of the Joint City Ambulance Service if it is determined by the Joint Powers Ambulance Board that it is feasible. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Savanick, appointing Councilmember Holton as the City's representative on the Ambulance Operating Board pursuant to paragraph 3 of the Joint Powers Agreement. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 97 awarding the purchase of a Park Department tractor, cab, sweeper and snow blade to Kortuem's Sales & Service, the low net bidder, in the amount of $16,995.00. Ayes - 5 - Nays - 0. RES. 1985-97 PURCHASE PARK TRACTOR & EQUIP Mr. Gretz reviewed his memo on bids received for an articulated wheel loader. The bid of Case does not meet specifications because it has a front-mounted operator's seat. Ziegler bid both i984 and 1985 model loaders, both of which meet specifica- tions, and he would recommend purchasing the used 1984 model loader because it would be more cost effective. Mr. Sheldon said he has reviewed the specifications and they are reasonable. Only the bids of Ziegler can be accepted on this basis. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1985- 98 finding that the best interest of the City would be served by accepting the bid of Ziegler, Inc., for a used 1984 Model 950B articulated wheel loader at a total cost bid of $33,591.00. RES. 1985-98 PURCHASE USED WHEEL LOADER A representative for Case was present and ennumerated other agencies which use the equipment and have found it acceptable. Mr. Gretz said two City employees test drove the loader and believe it would not be acceptable for the City's purposes. Mr. Sheldon said the Case equipment does not meet the specifications and could only be considered if the specifications were revised and the equipment rebid. Mr. Gretz said other equipment suppliers were contacted and will not submit total cost bids. A representative for Ziegler was present and said the I984 model loader has 534 hours on it and was leased by the Metropolitan Airport Commission. Mr. Gretz said the loader the City recently sold had approximately 4,400 hours on it and he believes the used loader will be very acceptable. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985- 99 approving specifications for Project 85-234, a portable gen- erator, and authorizing advertisement for bids to be received at 2:00 p.m. on June 4, 1985. Ayes - 5 - Nays - O. RES. 1985-99 TAKE BIDS PROJ. 85-234 CITY OF APPLE VALLEY Dakota County, Minnesota May 9, 1985 Page 5 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1985-100 approving plans and specifications for Project 85-229, 142nd Street, between Pilot Knob and Johnny Cakes Ridge Roads, with sidewalk on the north side of the street, and authorizing adver- tisement for bids to be received at 2:00 p.m. on June 10, 1985. Ayes - 5 - Nays - 0. RES. 1985-100 TAKE BIDS PROJ. 85-229 ADDL. IRtBRELLA LIABILITY INS. HIRE PARTTIME DISPATCHERS MOTION: of Humphrey, seconded by Savanick, authorizing the purchase of $3,000,000 excess umbrella liability insurance at a premium of $5,500 with Mission National Insurance Company which would then increase the City's coverage to $6,000,000. Ayes - 5 - Nays - 0. MOTION:of Goodwin, seconded by Savanick, approving hiring Ann Cluver effective May 13, 1985, and Heidi McQuoid effective May 28, 1985, as permanent parttime Police/Fire dispatchers at starting sal- aries of $7.816 per hour. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving rehiring Lana Siewert as parttime Clubhouse Attendant II at a salary of $4.75 per hour. Ayes - 5 - Nays - 0. HIRE SIEWERT~ Councilmember Goodwin said he would like to try to resolve the problems with Smith Motors building permit by allowing a temporary occupancy permit. Mr. Gretz reviewed the section of the building code which would allow this to be done and also provides for revocation of it. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a tem- porary occupancy permit, until June 1, 1985, for Smith Motors on Lots 6 and 7, Block 6, Valley Commercial Park 2nd Addition, for its used vehicle sales facility. SMITH MOTORS TEMPORARY OCCUPANCY PERMI' Councilmember Humphrey said he understands it is nearly complete and this would allow Smith's business to proceed. Councilmember Holton asked how much of.the work on the building remains to be done? Mr. Gretz said the building itself now complies with the building code, but concrete curb around the bituminous parking lot has not been installed. The Planning Commission tabled the item May 1st and requested a site plan and elevations and landscape plan. Mayor Branning requested the issue of whether the City could install the concrete curb under assessment proceedings be explored. Mr. Gretz and Mr. Sheldon will do so. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Holton). MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31086, 42615 through 42702 and 42711 through 42821, in the total amount of $3,231,769.79. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:52 o'clock p.m.