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.