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HomeMy WebLinkAbout01/09/1997CITY OF APPLE VALLEY Dakota County, Minnesota January 9, 1997 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 9th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Councilmembers Erickson , Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Fire Chief Calvin, Administrative Assistant Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. The City Clerk administered oaths of office to Councilmembers Goodwin and Humphrey who were re-elected November 5, 1996, for four-year terms expiring December 31, 2000. Acting Mayor Sterling 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 Humphrey, seconded by Erickson, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. SELECTION OF INDIVIDUAL TO FILL UNEXPIRED TERM OF MAYOR Resolution No. 1997-1 MOTION: of Humphrey, seconded by Erickson, adopting acknowledging the resignation of Willis E. Branning as Mayor effective January 5, 1997, and declaring a vacancy in the office of Mayor. Ayes - 4 - Nays - 0. Mr. Sheldon reviewed a proposed procedure for the Council to use in appointing a person to fill the remainder of the Mayor’s term. He read the provisions of the draft resolution and reviewed his memo of January 7, 1997, concerning voting on this matter. Councilmember Goodwin expressed frustration with legislation allowing this process. It is designed to end in a tie vote and is unworkable when more than one person is interested in the appointment. He believes elected officials should be allowed to vote for themselves or a special election should be an option. Resolution No. 1997-2 MOTION: of Humphrey, seconded by Erickson, adopting establishing a procedure for appointment by the City Council to fill the unexpired term of Mayor as presented. Ayes - 3 - Nays - 1 (Goodwin). Acting Mayor Sterling called for nominations from the Council for the position of Mayor. Councilmember Humphrey nominated Councilmember Sterling. Councilmember Erickson CITY OF APPLE VALLEY Dakota County, Minnesota January 9, 1997 Page 2 nominated Councilmember Goodwin. When there were no further nominations, Acting Mayor Sterling closed the nominations. The City Clerk prepared four ballots listing the nominees with a space for a Councilmember’s signatures. The ballots were distributed to the Councilmembers. After voting, the ballots were collected from the Councilmembers and the City Clerk, City Administrator and City Attorney tabulated the results. The City Administrator announced that the vote resulted in a tie. Under state law, the Acting Mayor must now make the appointment. Acting Mayor Sterling commented on the working relationship of the Council and the position of Mayor. She noted that any of the Councilmembers would capably fill the office, however, she is required to make the decision. She appointed Gary Humphrey as Mayor to fill the remainder of the term expiring December 31, 1998. Mr. Humphrey accepted the appointment and the City Clerk administered the oath of office to Mayor Humphrey. 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 Erickson, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Erickson, approving the minutes of the special meeting of December 30th, 1996, as written. Ayes - 3 - Nays - 0 (Humphrey Abstained). Resolution No. 1997-3 MOTION: of Sterling, seconded by Erickson, adopting accepting collateral and designating Midway Bank of Apple Valley as the official depository for City funds for the year 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-4 MOTION: of Sterling, seconded by Erickson, adopting designating as additional depositories for City funds for the year 1997: First National Bank of Minneapolis; Hampton Bank; Norwest Bank; Juran & Moody; Dain Bosworth; Foresight Capital Management; Edward D. Jones & Co.; The Trading Desk, Inc.; Voyageur Asset Management; Piper Jaffray & Hopwood; Midway National Bank of Apple Valley; First Bank Apple Valley; Smith Barney Shearson; and MGSI Securities, Inc., of Texas. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 9, 1997 Page 3 Resolution No. 1997-5 MOTION: of Sterling, seconded by Erickson, adopting designating Thisweek Newspapers/Dakota County Tribune as the official newspaper of the City for the year 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-6 MOTION: of Sterling, seconded by Erickson, adopting appointing the firm of Juran & Moody, Inc., as the City’s bond consultant for the year 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-7 MOTION: of Sterling, seconded by Erickson, adopting approving specifications for a 60-70 h.p. Tractor and Equipment, for Park Maintenance, and authorizing advertising for receipt of bids, at 2:00 p.m., on January 28, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-8 MOTION: of Sterling, seconded by Erickson, adopting receiving the preliminary engineering report on Project 97-526, Wyndemere 4th and 5th Additions Improvements, and setting a public hearing on it, at 8:00 p.m., on February 27, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving the Site Lease Agreement with Sprint Spectrum L.P. for an antenna site at the Central Maintenance Facility, as described in the Utility Superintendent’s memo dated January 9, 1997; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving the 1997 Joint Powers Agreement for purchase of traffic markings, street sweeping, crack sealing, and seal coating services with the Cities of Burnsville, Eagan, Lakeville, Rosemount, Savage, Prior Lake, and Shakopee; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving reduction of subdivision financial guarantees for: Waterford Village, from $256,850.00 to $185,900.00; Waterford Village 2nd, from $57,950.00 to $17,150.00; and Waterford Village Townhomes 2nd, from $200,000.00 to $152,500.00. Ayes - 4 - Nays - 0. Resolution No. 1997-9 MOTION: of Sterling, seconded by Erickson, adopting approving the 1997 Employee Pay and Benefit Plan as described in the Human Resources Manager’s memo dated January 2, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving hiring the part-time employee as listed in the Personnel Report dated January 9, 1997. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota January 9, 1997 Page 4 PROJECT 97-522, VALLEY PINES UTILITY IMPROVEMENTS Mayor Humphrey called the public hearing to order, at 8:40 p.m., to consider Project 97-522, Valley Pines Utility Improvements; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated November 19, 1996. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:42 p.m. Resolution No. 1997-10 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 97-522, Valley Pines Utility Improvements. Ayes - 4 - Nays - 0. Resolution No. 1997-11 MOTION: of Sterling, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 97-522, Valley Pines Utility Improvements. Ayes - 4 - Nays - 0. ORDINANCE AMENDING ALCOHOLIC BEVERAGE REGULATIONS The City Clerk gave the first reading of an ordinance amending Chapter 3 of the City Code, alcoholic beverage regulations, as described in her memo dated January 6, 1997. The amendments include changing the term “nonintoxicating” to “3.2 percent” with regard to malt liquor or beer; changing the definition of wine; changing state law references from Chapter 340 to 340A where ever they appear in the Code; and changing closing hours on December 24th and Memorial Day to the same hours as now in state law. The second reading will be scheduled for January 23, 1997. APPOINTMENT OF ACTING MAYOR Resolution No. 1997-12 MOTION: of Ster ling, adopting appointing Councilmember Erickson as Acting Mayor/Mayor Pro Tem for the year 1997. Ayes - 3 - Nays - 0 (Erickson Abstained). APPOINTMENT OF MVTA REPRESENTATIVE MOTION: of Goodwin, seconded by Erickson, appointing Mayor Humphrey as the City’s Commissioner on the Minnesota Valley Transit Authority Board. Ayes - 3 - Nays - 0 (Humphrey Abstained). CITY COUNCIL VACANCY Resolution No. 1997-13 MOTION: of Erickson, seconded by Sterling, adopting declaring a vacancy on the City Council for a term expiring December 31, 2000. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 9, 1997 Page 5 MOTION: of Erickson, seconded by Goodwin, authorizing accepting applications from individuals interested in being considered for appointment to fill the vacancy on the City Council until February 1, 1997. Mayor Humphrey said the Council is not setting an appointment process yet, but the process will most likely include interviews with the applicants. The process will be discussed further at the January 23rd meeting. It was noted that application forms will be available from the City Clerk. Vote was taken on the motion. Ayes - 4 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Councilmember Sterling expressed appreciation to Public Works employees for their snow removal efforts. She also thanked residents who have been shoveling out fire hydrants noted the importance of continuing to do so. Councilmember Erickson said some hydrants do not have visible markers and asked what the criteria is for marking them? Mr. Miranowski said the Utility Department placed flags on most of the hydrants, but many have disappeared. More flags have been ordered and they will be replaced as time permits. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated December 31, 1996, in the amount of $3,197,924.52; January 2, 1997, in the amount of $249,103.47; and January 8, 1997, in the amount of $643,603.88. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:55 o’clock p.m.