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HomeMy WebLinkAbout10/08/1998CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 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, and Community Development Director Kelley. 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 Grendahl, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE - PALOMINO HILLS EASEMENT VACATION Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Huel Scherrer, 100 Cimarron Court, commented on the hearing set at the September 24, 1998, meeting to vacate land in Palomino Hills. He noted the hearing date should be clarified as November 12, 1998, not November 11, as discussed. He also noted the hearing was set by motion of the Council and not petition of property owners. He stated the Palomino Hills area is negotiating to purchase the land and it is wrong for the Council to undermine their action by setting a hearing to give away the land. Mr. Sheldon said statutes provide that the Council may vacate property by resolution or by petition of a majority of owners of land abutting it. Input on completing the vacation is taken at the required public hearing. Robin St. Ana, 346 Cimarron Road, noted covenants give a bridle path easement to residents in Palomino Hills and questioned the vacation. Mayor Humphrey said this is the type of testimony that can be given at the public hearing. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1998 Page 2 MOTION: of Grendahl, seconded by Sterling, approving the minutes of the regular meeting of September 24th, 1998, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, proclaiming October as “Br east Cancer Awareness Month” and October 16, 1998, as “National Mammography Day” and urging all women and their families to get the facts about mammography. Ayes - 5 - Nays - 0. Resolution No. 1998-191 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of a 1986 Nissan automobile from Adam Miller to the Fire Department for use in training activities. Ayes - 5 - Nays - 0. Resolution No. 1998-192 MOTION: of Grendahl, seconded by Sterling, adopting appointing election judges to serve for the November 3, 1998, General Election in the City. Ayes - 5 - Nays - 0. Resolution No. 1998-193 MOTION: of Grendahl, seconded by Sterling, adopting appointing Charles Grawe, Assistant to the City Administrator, to serve as the City’s Year 2000 Project Coordinator. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a change in corporate officers for Wadsworth Old Chicago, Inc., d/b/a Old Chicago, in connection with the on-sale liquor license at 14998 Glazier Avenue, as listed in the City Clerk’s memo dated October 5, 1998. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a 1998 Christmas Tree Sales Lot License to Bill Brabec., d/b/a Silver Bell Christmas Tree Farm, in East Valley Plaza at the southeast corner of 140th Street and Pilot Knob Road. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, appointing the firm of Kern, DeWenter, Viere, Ltd., as auditors for the year 1998, at a fee of $25,500.00, as attached to the Finance Director’s memo dated October 1, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-194 MOTION: of Grendahl, seconded by Sterling, adopting awarding the contract for Project 98-552, Sealing of Deep Oil Exploration Well, to E. H. Renner & Sons, Inc., the low bidder, in the amount of $23,450.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 1 to the contract with Valley Paving, Inc., for Project 98-469, 147th Street and Pennock Avenue Area Street Modifications, in the amount of an additional $4,188.35. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1998 Page 3 MOTION: of Grendahl, seconded by Sterling, approving Change Order No. 2 to the contract with Northdale Construction, Inc., for Project 97-532, Regatta Utility and Street Improvements, in the amount of an additional $75,634.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, accepting Project 97-532, Regatta Utility and Street Improvements, as final and authorizing final payment on the contract with Northdale Construction, Inc., in the amount of $88,697.79. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving reduction of the subdivision financial guarantee for Regatta, from $600,750.00 to $172,507.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report dated October 8, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA REGIONAL FISCAL IMPACT STUDY Mr. Kelley reviewed his memo dated September 30, 1998, concerning participation in a Regional Fiscal Impact Study with the Metropolitan Council. Apple Valley is one of eight communities, along with two school districts, selected to participate in the analysis. The study will look at actual costs of growth and ongoing service provision for suburban development versus more compact, dense, mixed development. The City’s cost will be $10,000 and the study is expected to be completed by June of 1999. MOTION: of Goodwin, seconded by Erickson, approving the Regiona l Fiscal Impact Study Funding Agreement with the Metropolitan Council, for the City’s participation at a cost not to exceed $10,000, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. IMPACT FEE LEGISLATION Mr. Gretz reviewed his memo dated October 5, 1998, concerning a proposal for legislation to allow local government authority to charge development impact fees. It would allow imposition of fees for various capital improvements and facilities including transportation and schools. The legislation is being proposed as a result of challenges to collection of road fees by cities and concern that other fees, such as park dedication, may also be challenged. Without the ability to charge development fees, which are a more equitable method of financing needed improvements, cities would have to look to general taxes for funds. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 1998 Page 4 The Council concurred with supporting the legislation. Mr. Gretz said it will be presented to the League of Minnesota Cities and Association of Metropolitan Municipalities for support at their upcoming legislative policy adoption meetings. POLICE SEARCH FOR DOG Mr. Gretz advised the Council that the Police Department is attempting to locate a dog which bit a Police employee. The dog then ran into the street, was hit by a car, but escaped. The employee has begun a series of rabies shots. The incident happened at the entrance to the Zoo, north of County Road 38. ADULT ESTABLISHMENT LEASE Mayor Humphrey said a business, known as Fantasy House, has been attempting to negotiate a lease in the building at 147th Street and Pennock Avenue. From operations in other cities, this business appears to fall under the adult establishment ordinance. He will be writing a letter to the building owner advising that the zoning does not allow this type of business in that location. Councilmember Erickson said he has been informed about the issue with the request that the City prohibit adult uses. He noted the City cannot prohibit such uses but can require them to locate in adult use zones. COMMUNICATIONS & CALENDAR The Council received a memo dated October 5, 1998, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Sterling, to pay the claims and bills, check registers dated September 30, 1998, in the amount of $8,653,851.15; and October 7, 1998, in the amount of $3,492,167.25. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:36 o’clock p.m.