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HomeMy WebLinkAbout01/08/1998CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 8th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Golf Manager Dodge, Assistant to the Administrator Grawe, Park & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Humphrey 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 Sterling, seconded by Erickson, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. MID-WINTER FEST ‘98 Ron Ochs of the Mid-Winter Fest Committee, reviewed activities planned for this year’s celebration at Hayes Park and Valleywood. Buttons are required for admission to the events on February 7 and 8, 1998, and will be for sale at various locations for $1.00 beginning January 19th. Resolution No. 1998-1 MOTION: of Grendahl, seconded by Sterling, adopting proclaiming February 7-8, 1998, as “Apple Valley Mid-Winter Fest ‘98” and encouraging citizens to support and participate in the celebration; and authorizing use of a snowmobile in Hayes Park on February 7, 1998, as described in the Recreation Specialist’s memo dated January 8, 1998. Ayes - 5 - Nays - 0. AUDIENCE Mayor Humphrey 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 Grendahl, moving consideration of interim use zoning regulations to the regular agenda and approving all remaining items on the consent agenda as previously amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Page 2 CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of December 23rd, 1997, as written. Ayes - 5 - Nays - 0. Resolution No. 1998-2 MOTION: of Sterling, seconded by Grendah l, adopting accepting collateral and designating Midway Bank of Apple Valley as the official depository for City funds for the year 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-3 MOTION: of Sterling, seconded by Grendahl, adopting designating as additional depositories for City funds for the year 1998: First National Bank of Minneapolis; Hampton Bank; Norwest Bank; Juran & Moody; Dain Bosworth; Edward D. Jones & Co.; The Trading Desk, Inc.; Piper Jaffray & Hopwood; Midway National Bank of Apple Valley; First Bank Apple Valley; and Smith Barney Shearson. Ayes - 5 - Nays - 0. Resolution No. 1998-4 MOTION: of Sterling, seconded by Grendahl, adopting designating Thisweek Newspapers/Dakota County Tribune as the official newspaper of the City for the year 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-5 MOTION: of Sterling, seconded by Grendahl, adopting appointing the firm of Juran & Moody, Inc., as the City’s bond consultant for the year 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-6 MOTION: of Sterl ing, seconded by Grendahl, adopting approving renewal of the two-year Minnesota Lawful Gambling Premises Permit for Apple Valley American Legion Post 1776, at 14521 Granada Drive, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. Resolution No. 1998-7 MOTION: of Sterling, seconded by Grendahl, adopting approving renewal of the two-year Minnesota Lawful Gambling Premises Permits for Apple Valley Hockey Association, at Apple Place, 14917 Garrett Avenue; and at Rascal’s, 7721 West 147th Street; and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing payment of the second half of 1997 property tax collections to the Minnesota Valley Transit Authority, in the amount of $574,630.70, as shown in the Finance Director’s memo dated January 5, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-8 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 98-469, 147th/Pennock Area Utility, CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Page 3 Street, and Signalization Improvements, and setting a public hearing on it, at 8:00 p.m., on February 12, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Consulting Engineer Agreement with Short, Elliot, Hendrickson, Inc., for traffic signal design services related to Project 98-469 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-9 MOTION: of Sterling, seconded by Grendahl, adopti ng directing preparation of plans and specifications for Project 98-469, 147th/Pennock Area Utility, Street, and Signalization Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville, Rosemount, Savage, Prior Lake, and Shakopee for 1998 traffic markings, street sweeping, crack sealing, and seal coating contracting and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-10 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for an Outdoor Rink Maintenance/Street Flusher Truck and authorizing advertising for receipt of bids at 2:00 p.m. on February 3, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-11 MOTION: of Sterling, seconded by Grendahl, adopting awarding purchase of a Diesel Engine Driven Pickup Street Sweeper with Dual Gutter Brooms to MacQueen Equipment, Inc., the low bidder, in the net amount of $95,510.27 with trade-in of a 1979 Elgin sweeper. Ayes - 5 - Nays - 0. Resolution No. 1998-12 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 97-547, Water Treatment Facility Filter Bypass Piping, to Shank Construction, Inc., the low bidder, in the amount of $76,890.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 97-524, 1997 Street Maintenance Program, as final and approving final payment on the contract with McNamara Contracting, Inc., in the amount of $65,698.25. Ayes - 5 - Nays - 0. Resolution No. 1998-13 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on February 12, 1998, to consider vacating easements on Lots 2 and 3, Block 1, Valley Commercial Park 4th Addition; in connection with a proposed replat as Wakefield Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Page 4 Resolution No. 1998-14 MOTION: of Sterling, seconded by Grendahl, adopting setting the mileage reimbursement rate for the City at $.325 per mile effective January 1, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an addendum to the 1998 pay and benefit plan setting the salary for Cable Television Operators at $40.00 per meeting as described in the Human Resources Manager’s memo dated January 8, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving appointment of Scott Mattingly, Chad Willson, Jose Tejera, Mindy Geyerman, Scott Garrett, Marianne Hackett, Michael LaSalle, and Kirk DeCovich as members of the Fire Department as described in the Fire Chief’s memo dated January 5, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated January 8, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the addition of new positions of Assistant Public Works Director and Natural Resources Coordinator as listed in the Personnel Report dated January 5, 1998. Ayes - 5 - Nays - 0. Resolutions No. 1998-15, 1998-16, MOTION: of Sterling, seconded by Grendahl, adopting 1998-17, and 1998-18 approving Applications for Exemption from Lawful Gambling Licenses for Apple Valley Sons of American Legion Squadron 1776 for events at American Legion Post 1776, on February 21, July 4, October 10, and November 11, 1998, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. Resolution No. 1998-19 MOTION: of Sterling, seconded by Grendahl, adopting approving an Application for Exemption from Lawful Gambling License for Apple Valley American Legion Auxiliary, Unit 1776, for an event at American Legion Post 1776, on February 28, 1998, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTERIM USE ZONING ORDINANCE Mr. Gretz reviewed the Community Development Director’s memo dated January 8, 1998, concerning amending zoning regulations to allow for an interim use. It would allow the City to approve interim zoning on property for a limited period of time with conditions. The issue arose with a request by McNamaras to rezone property south of the Central Maintenance Facility for industrial use. It is zoned “sand and gravel” and a current manufacturing operation on the site CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Page 5 does not fit this zone. Surrounding uses (Eastview High School and Cedar Isle Estates residential) have changed and it may not be possible to address the final use at this time. The interim use mechanism appears to be a useful tool for the City even if this rezoning request had not arisen. Councilmember Erickson expressed concern that a violation of existing zoning was occurring and one of the applicants for rezoning is a member of the Planning Commission. He asked that all regulations be followed in considering the issue so there is no impression of favoritism. Councilmember Goodwin asked for clarification of permitted uses in sand and gravel and industrial zoning districts. He indicated he was very concerned about a manufacturing operation starting on the site and that a member of the Planning Commission would put other Commission members in an awkward situation. Councilmember Sterling asked how interim use zoning is implemented? Mr. Gretz said it would be individually applied on a case by case basis. There must be a definite date when it will terminate and conditions must be attached to it. MOTION: of Goodwin, seconded by Sterling, directing preparation of an amendment to zoning regulations to allow interim uses and that a public hearing before the Planning Commission be set at the earliest date to consider such amendment. Ayes - 5 - Nays - 0. ACTING MAYOR Resolution No. 1998-20 MOTION: of Grendahl, seconded by Sterling, adopting appointing Councilmember Erickson as Acting Mayor for the year 1998. Ayes - 5 - Nays - 0. GOLF TEE TIME RESERVATION SYSTEM Mr. Johnson reviewed the proposal of Ready Golf Enterprises to provide a centralized tee time reservation system for Valleywood Golf Course as attached to his memo of January 5, 1998. A three-year contract is proposed, but it can be terminated at any time. Todd Logan, of Ready Golf, was present to answer questions. MOTION: of Goodwin, seconded by Erickson, approving the three-year Agreement with Ready Golf Enterprises, Inc., to provide tee time reservation services for Valleywood Golf Course and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. ECONOMIC DEVELOPMENT ORGANIZATION MEMBERSHIP CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Page 6 Mr. Kelley reviewed his memo, dated January 5, 1998, concerning membership in economic development organizations as previously discussed by the Apple Valley Economic Growth Partnership Committee. MOTION: of Erickson, seconded by Goodwin, allowing the City’s membership in Metro East economic development organization to lapse and continuing membership in the Dakota County Economic Development Partnership. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, appointing Councilmember Erickson as the City’s representative to the Board of the Dakota County Economic Development Partnership for an 18-month term. Ayes - 5 - Nays - 0. PAWNSHOP/SECONDHAND DEALER ORDINANCE AMENDMENTS MOTION: of Goodwin, seconded by Erickson, referring consideration of proposed amendments to the City Code regulating pawnshops, precious metal dealers and secondhand goods dealers to the Urban Affairs Committee as recommended in the City Administrator’s memo dated January 5, 1998. Ayes - 5 - Nays - 0. 1998 COUNCIL/STAFF FOCUS SESSION Mr. Gretz suggested the Council set March 28, 1998, for its focus session at the Canterbury Inn. Details are not complete and will be confirmed at a later date. MOTION: of Goodwin, seconded by Erickson, setting an informal meeting for a Council/Staff focus session on March 28, 1998, at the Canterbury Inn in Shakopee, with a starting time of 8:00 or 8:30 a.m. to be confirmed. Ayes - 5 - Nays - 0. OFFICEMAX & PARTY CITY BUILDING PERMIT Mr. Kelley reviewed the Planning Commission recommendation on a proposed addition to Southport Centre for OfficeMax and Party City retail uses. John Trautz, of Reliance Development, was present and showed colored renderings of the proposed building. They would like to have construction completed by August or September. Resolution No. 1998-21 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for OfficeMax and Party City on Lot 3, Block 1, Southport Centre 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MINNESOTA CHAMBER OF COMMERCE FORUM CITY OF APPLE VALLEY Dakota County, Minnesota January 8, 1998 Page 7 The Council received notice of the Minnesota Chamber of Commerce Legislative Priorities Event on January 20, 1998, at the Radisson Hotel South. Mr. Gretz asked those interested in attending to let him know so reservations can be made. COUNCIL ITEMS & COMMUNICATIONS Councilmember Sterling said the Lakeville Police Department is hosting a Domestic Abuse Awareness luncheon on January 16, 1998, at Brackett’s Crossing. She has attended in the past but will not be able to attend this year and asked if anyone else would like to attend. Mayor Humphrey indicated he would attend. Councilmember Grendahl passed along a compliment to the Police Department for effective communication in a crisis situation. She attended a workshop where a presenter used a situation in Apple Valley where a good job was done. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated January 2, 1998, in the amount of $3,852,440.22; and January 7, 1998, in the amount of $5,052,780.79. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:50 o’clock p.m.