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HomeMy WebLinkAbout01/23/1997CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1997 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 23rd, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Counc ilmembers Erickson, Goodwin, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant to the Administrator Grawe, Parks & 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 Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as presented. Ayes - 4 - 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. MID-WINTER FEST, ‘97 Jim Zinck, Recreation Specialist, reviewed activities planned for the Mid-Winter Fest at Hayes Park and Valleywood. Buttons are required for admission to the events on February 8 and 9, 1997, and are for sale at various locations for $1.00. CONSENT AGENDA MOTION: of Erickson, seconded by Sterling, moving consideration of the minutes of January 9, 1997, to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS Resolution No. 1997-14 MOTION: of Erickson, seconded by Sterling, adopting proclaiming February 8-9, 1997, as “Apple Valley Mid-Winter Fest ‘97” and encouraging citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1997 Page 2 MOTION: of Erickson, seconded by Sterling, approving camping, recreational fire, and snowmobile use at Hayes Park in connection with Mid-Winter Fest activities as described in the Recreation Specialist’s memo dated January 17, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-15 MOTION: of Erickson, seconded by Sterling, adopting authorizing accepting School Liaison Police grant funding, from the State Department of Children, Families and Learning, for partial reimbursement of salary and computer network related expenses, in the amount of $39,000.00, and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. Resolutions No. 1997-16, 1997-17, MOTION: of Erickson, seconded by Sterling, adopting and 1997-18 approving Applications for Exemptions from Lawful Gambling Licenses for Sons of American Legion Squadron 1776, for events on March 22nd, July 4th and November 11th, 1997; and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving the expenditure of $4,000.00 for 1997 to support the Ring-Around-The-Arts Festival as requested in the President’s letter dated January 9, 1997. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving renewal of various licenses and permits for 1997 as listed in the City Clerk’s memo dated January 17, 1997. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving a Special Use Permit for Target, at 15150 Cedar Avenue, for a temporary outdoor garden store, from May 5 to June 15, 1997; with conditions as listed in the Assistant Planner’s memo dated January 17, 1997. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving an Independent Contractor Agreement with Shade’s Landing, Inc., for world wide web home page services, in the amount of $2,710.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1997-19 MOTION: of Erickson, seconded by Sterling, adopt ing approving divisions of special assessments on properties as follows: No. 21402 - Cedar Isle Estates 5th Addition; No. 21438 - Valley Commercial Park 2nd Addition; No. 21483 - Nordic Woods 17th Addition; No. 21516 - Kwik, Trip; No. 21555 - The Summit; and No. 21571 - Hunters Wood Townhomes 5th Addition. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1997 Page 3 MOTION: of Erickson, seconded by Sterling, finding that commercial recreation, for a sports training facility, as described in the Assistant Planner’s memo dated January 17, 1997, is deemed similar to permitted uses in Planned Development No. 409 in Apple Valley Business Center, at 14750 Galaxie Avenue. Ayes - 4 - Nays - 0. Resolution No. 1997-20 MOTION: of Erickson, seconded by Sterling, adopting granting a temporary waiver of platting for Wyndemere 5th Addition to allow transfer of title on the property, on a metes and bounds description basis, prior to filing the plat. Ayes - 4 - Nays - 0. Resolution No. 1997-21 MOTION: of Erickson, seconded by Sterling, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 97-529, EBD School Facility Utility Improvements. Ayes - 4 - Nays - 0. Resolution No. 1997-22 MOTION: of Erickson, seconded by Sterling, adopting approving plans and specifications for Project 96-443, Valley Oaks Phase 1 Utility Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on February 20, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-23 MOTION: of Erickson, seconded by Sterling, adopting approving plans and specifications for Project 97-522, Valley Pines Utility Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on February 20, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-24 MOTION: of Erickson, seconded by Sterling, adopting authorizing the City Attorney to commence legal action to collect park and pond dedications due and owing to the City from Mathias Fischer and/or entities controlled by him. Ayes - 4 - Nays - 0. Resolution No. 1997-25 MOTION: of Erickson, seconded by Sterling, adopting setting the mileage reimbursement rate for vehicle usage at $.315 per mile effective January 1, 1997. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving the 1997 Pay Equity Implementation Report, for 1996, to the Minnesota Department of Employee Relations and authorizing the Mayor to sign the same. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, confirming election of Marv Calvin as Fire Chief for a three-year term ending in January of 2000 as provided in City Code Section 10-13(a). Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1997 Page 4 MOTION: of Erickson, seconded by Sterling, approving promotion of Cory Breitung to the full-time position of Technical Specialist/Mechanic Fleet Maintenance as listed in the Personnel Report dated January 23, 1997. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated January 23, 1997. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Sterling, seconded by Erickson, approving the minutes of the regular meeting of January 9th, 1997, as written. Ayes - 4 - Nays - 0. CUB FOODS DONATION John Thompson, Assistant Store Manager of Cub Foods, was present to donate a check, in the amount of $574.40, to the City. He said the funds represent $.02 per pound of the aluminum cans collected by the recycling trailer located at the Store. The program is available on Saturdays and may be extended to Sundays if demand warrants it. Resolution No. 1997-26 MOTION: of Erickson, seconded by Sterling, adopting accepting, with thanks, the donation of $574.40 from Cub Foods from its recycling program. Ayes - 4 - Nays - 0. ORDINANCE AMENDING ALCOHOLIC BEVERAGE REGULATIONS The City Clerk gave the second reading of an ordinance amending Chapter 3 of the City Code, alcoholic beverage regulations, as described in her memo dated January 17, 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. Ordinance No. 624 MOTION: of Sterling, seconded by Goodwin, passing amending Chapter 3 of the City Code related to regulations for on-sale liquor, on-sale wine, and on and off sale 3.2 percent malt liquor or beer by changing language and statutory references to bring it into compliance with current state law. Ayes - 4 - Nays - 0. SET MEETING SCHEDULE MOTION: of Erickson, seconded by Sterling, setting the 1997 meeting schedule as shown in the City Clerk’s memo dated January 17, 1997; with February 27, 1997, as a CITY OF APPLE VALLEY Dakota County, Minnesota January 23, 1997 Page 5 tentative date for interviewing Council applicants and March 22, 1997, as a tentative date for a Council/Staff focus session. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check regi sters dated January 15th, 1997, in the amount of $885,918.49; and January 22nd, 1997, in the amount of $531,510.90. Ayes - 4 - Nays - 0. CLOSE MEETING MOTION: of Erickson, seconded by Sterling, to close the meeting, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss pending litigation issues involving McDonald Construction, et al; and Brown Minneapolis Tank Company. Ayes - 4 - Nays - 0. The meeting was closed at 8:20 p.m. and the Council convened in the Conference Room along with City Attorney Dougherty, City Administrator Gretz, City Clerk Mueller, Community Development Director Kelley, and Public Works Director Miranowski. The Council reconvened in open session at 9:14 p.m. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:15 o’clock p.m.