HomeMy WebLinkAbout04/24/1997CITY OF APPLE VALLEY
Dakota County, Minnesota
April 24, 1997
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held April 24th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Humphrey; C ouncilmembers Erickson, Goodwin, Grendahl, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney
Sheldon, City Engineer Gordon, Assistant to the Administrator Grawe, Parks & Recreation
Director Johnson, Community Development Director Kelley, Human Resources Manager
Margarit, and Public Works Director Miranowski.
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 - 5 - Nays - 0.
VOLUNTEER RECOGNITION WEEK
Mayor Humphrey read a proclamation proclaiming the week of April 13-19, 1996, as “Volunteer
Recognition Week”. He presented length of service awards to Karen Edgeton and Alan Felkner
for service on the Planning Commission. Charlie Maus also received an award for service on the
Parks & Recreation Advisory Committee but was not present.
The Mayor expressed appreciation for all the volunteers assisting with flood relief efforts
throughout the state. He noted the Fire Department assisted with sand bagging in the City of
Newport and several community events are underway to collect donations for flood relief.
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 Goodwin, 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
April 24, 1997
Page 2
MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of
April 10th, 1997, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained).
Resolution No. 1997-80
MOTION: of Goodwin, seconded by Sterling, adopting approving
amendments to the Bylaws of the Apple Valley Firefighters’ Relief Association as
approved by the membership at meetings on February 9th and April 13th, 1997.
Ayes - 5 - Nays - 0.
Resolution No. 1997-81
MOTION: of Goodwin, seconded by Sterling, adopting appointing
Judges for the May 20, 1997, Special City Election as listed. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, authorizing use of the following neighborhood
parks for community athletic programs during 1997: Apple Ponds, Apple Valley
East, Briar Oaks, Delaney, Duchess, Faith, Fred J. Largen, Galaxie, Greening,
Greenleaf, Hagemeister, Huntington, Longridge, Moeller, Redwood South, Tintah,
and Wildwood; as described in the Recreation Specialist’s memo dated April 17,
1997. Ayes - 5 - Nays - 0.
Resolution No. 1997-82
MOTION: of Goodwin, seconded by Sterling, adopting approving
1997 Special Assessment Rolls No. 416 and 417, in the total amount of
$241,799.00, for hearing purposes, and setting a public hearing on them at 8:00
p.m. on May 22, 1997. Ayes - 5 - Nays - 0.
Resolution No. 1997-83
MOTION: of Goodwin, seconded by Sterling, adopting approving
1997 Special Assessment Roll No. 418, delinquent utilities in the total amount of
$51,853.88, for hearing purposes, and setting a public hearing on it at 8:00 p.m. on
May 22, 1997. Ayes - 5 - Nays - 0.
Resolution No. 1997-84
MOTION: of Goodwin, seconded by Sterling, adopting approving
the final plat and subdivision agreement for High School Four Addition and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving transfer of property interests with
School District No. 196 in the High School Four Addition plat, pursuant to the
May 5, 1995, Joint Development Agreement, and authorizing the Mayor and Clerk
to execute the necessary documents. Ayes - 5 - Nays - 0.
Resolution No. 1997-85
MOTION: of Goodwin, seconded by Sterling, adopting approving
the final plat and subdivision agreement for Wyndemere 4th Addition and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
Resolution No. 1997-86
MOTION: of Goodwin, seconded by Sterling, adopting awarding
the contract for combined Projects 97-526, Wyndemere 4th Addition, and 95-489,
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 24, 1997
Page 3
Diamond Path Townhomes 2nd Addition, Improvements; to Kober Excavating,
the low bidder, in the amount of $273,661.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving a contract for 1997 Sod
Replacement Services with LaPointe Landscaping, Inc., based on its low
quotation, as described in the Streets Foreman’s, memo dated April 16, 1997.
Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, a pproving an Agreement with Dakota County
for Revocation of Municipal State Aid Street Designation and allow County State
Aid Highway Designation on County Road 46/160th Street within the City limits
and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0.
Resolution No. 1997-87
MOTION: of Goodwin, seconded by Sterling, adopting approving
specifications for Project 97-533, Arena Ice Rink Floor Replacement, and
authorizing advertising for receipt of bids, at 2:00 p.m., on May 15, 1997. Ayes -
5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, accepting Liquor Stores Point of Sale and
Inventory Hardware, Software and Services (cash registers) as final and
authorizing final payment on the contract with Retail Data Systems in the amount
of $38,590.50. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving an Amendment to the Agreement
with Sharden Productions, Inc., for cable television production services, by
extending it until April 24, 1998, and authorizing the Mayor and Clerk to sign the
same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving a contract with Schlegel Auction
Co. for the sale of surplus and abandoned property and setting the sale for May 15,
1997, at 6:00 p.m., as described in the Human Resources Manager’s memo dated
April 24, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving an Agreement with the Cities of
Anoka and Hastings for joint police officer recruitment testing, as described in the
Human Resources Manager’s memo dated April 24, 1997, and authorizing the
Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, approving hiring the part-time and seasonal
employees as listed in the Personnel Report dated April 24th, 1997. Ayes - 5 -
Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 24, 1997
Page 4
END OF CONSENT AGENDA
VALLEY OAKS TOWNHOMES EASEMENT VACATION
Mayor Humphrey called the public hearing to order, at 8:08 p.m., to consider vacation of
drainage and utility easements in the proposed Valley Oaks Townhomes, Phase 1, and noted
receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the proposed
vacation as described in the Planning Department memo dated April 21, 1997. Along with
platting the property, utility lines are being relocated the existing easements are no longer
necessary. The Mayor asked for questions or comments from the Council and the public. There
were none and the hearing was declared closed at 8:10 p.m.
Resolution No. 1997-88
MOTION: of Erickson, seconded by Goodwin, adopting completing
vacation of drainage and utility easements in the proposed Valley Oaks
Townhomes, Phase 1, and directing recording of the necessary documents with
Dakota County. Ayes - 5 - Nays - 0.
MVTA TRANSIT HUB
Mr. Gretz reviewed the transit hub joint project proposed with the Minnesota Valley Transit
Authority (MVTA), Dakota County and the HRA. It involves a 16-plex theater, transit hub, retail
uses, and HRA townhomes in the area east of Cedar Avenue between 155th and 157th Streets.
The MVTA has an option to purchase the property.
At last night’s meeting, the Board did not give unanimous approval to the project. An issue was
raised about whether the transit hub would need a ramp for additional parking. The HRA
questioned the desirability of such a ramp near housing. The theater developer offered to buy the
option on the property and that was not approved. Mayor Humphrey offered to have the City
take over the project to allow a development package to be put together and that was approved.
The theater will commit to $1,400,00 for its development. The HRA wants to proceed with the
townhomes. The County has $4,500,000 of ISTEA funding and wants to proceed. The MVTA
will need to make a commitment to use the site as a transit hub which the Executive Director
believes it will. In order to proceed, the City will need to initiate the rezoning proceedings.
Councilmember Erickson noted that the Economic Growth Partnership Committee discussed the
proposal at its meeting this morning. It supported proceeding with the project.
Wendell Smith, representing Carmike Cinemas, the theater developer, was present and said they
are ready to proceed with the building.
MOTION: of Erickson, seconded by Grendahl, setting a public hearing before the Planning
Commission, at 7:00 p.m., on May 21, 1997, to consider planned development
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 24, 1997
Page 5
rezoning, and necessary development actions, for the transit hub site east of Cedar
Avenue between 155th and 157th Streets.
Councilmember Sterling asked for clarification on the timing. Mr. Kelley said the
MVTA’s purchase option on the property expires June 30, 1997. If the project is to
proceed, City approvals would need to be completed by the last meeting in June.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
ORDINANCE AMENDING PERSONNEL POLICIES
Ms. Margarit gave the second reading of an ordinance amending City Code Sections 16-3, 16-13,
and 16-17 by revising certain personnel policies as described in her memo dated April 24, 1997.
Ordinance No. 626
MOTION: of Sterling, seconded by Grendahl, passing amending City
Code Sections 16-3, 16-13, and 16-17 by revising certain personnel policies which
would authorize the Police Department to perform criminal background checks on
applicants; add additional times when employees may cash out compensatory time;
and clarify liquidation of banked sick leave for post-termination City-sponsored
group insurance plans. Ayes - 5 - Nays - 0.
FISCHER MARKET PLACE ESCROW AGREEMENT
Mr. Miranowski reviewed the request to require establishment of an escrow account for costs
incurred by the City in connection with the proposed Fischer Market Place development, as
described in his memo dated April 21, 1997. The City Attorney has prepared an Agreement
which would require Fischer to be responsible for the costs. He suggested the initial amount of
the retainer be set at $25,000.
MOTION: of Goodwin, seconded by Erickson, approving the Agreement with Mathias
Fischer and Fischer Market Place, LLP, for escrow/payment of costs in connection
with the proposed Fischer Market Place development, setting the initial retainer at
$25,0000.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -
Nays - 0.
PROPOSED LEGISLATION
Councilmember Erickson asked what the City’s legislators’ positions are on a proposed tax bill
which shows Apple Valley losing $260,000 in state funding. Mr. Gretz said this House bill came
from a proposal by Minneapolis which increases funding for it and inner suburbs at the expense of
outstate cities and suburbs. Senator Knutson is very responsive to Apple Valley’s concern; but,
since most other cities gain in the proposal, it is going to be very difficult to find support for
opposing the bill.
CITY OF APPLE VALLEY
Dakota County, Minnesota
April 24, 1997
Page 6
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers
dated April 16th, 1997, in the amount of $693,028.49; and April 23rd, 1997, in the
amount of $343,941.77. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seco nded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:37 o’clock p.m.