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HomeMy WebLinkAbout05/22/1997CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 22nd, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Counc ilmembers 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, Assistant Planner Lovelace, 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 amended. 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, adding sale of a used outdoor warning siren to the City of Maynard to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of May 8th, 1997, as written. Ayes - 4 - Nays - 0 (Sterling Abstained). Resolution No. 1997-96 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $250.00 to benefit the Park & Recreation Department from Bonestroo, Rosene, Anderlik & Associates, Inc. Ayes - 5 - Nays - 0. Resolution No. 1997-97 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,500.00 toward Arena computer software from the Apple Valley Hockey Association. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1997 Page 2 Resolution No. 1997-98 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $500.00 to benefit the Parks and Recreation Department from the Apple Valley Rotary Club. Ayes - 5 - Nays - 0. Resolution No. 1997-99 MOTION: of Sterling, seconded by Grendahl, adopting concurring with reappointment of Dennis Miranowski and Thomas Colbert as Commissioner and Alternate, respectively, for three-year terms, to the Black Dog Watershed Management Organization. Ayes - 5 - Nays - 0. Resolution No. 1997-100 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, on June 26, 1997, at 8:00 p.m., on the application of D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, for On-Sale Wine and Beer Licenses at 7543 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing refund of the pro rated balance of 1997 On-Sale and Sunday Liquor License fees, in the amount of $2,300.00, to Cedar Valley, Inc., d/b/a Greenstreets Restaurant, which ceased business operations at 7543 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a temporary outdoor event license and liquor sales for H.O.C., Inc., d/b/a Rascals Apple Valley Bar & Grill, from 3:00 p.m. to 7:00 p.m., on June 22, 1997, in the parking lot at 7721 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving new 1997 Filling Station, Cigarette Sales, and Off-Sale 3.2 Beer Licenses for Kwik Trip, Inc., at 8999 Palomino Drive. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Special Use Permit for temporary outdoor sales for Steven Fabian, d/b/a Fabian Seafood Company, at George’s Market, 220 County Road 42, for one year. Ayes - 5 - Nays - 0. MOTION: of Ster ling, seconded by Grendahl, declaring as surplus and authorizing the sale of old Police Department equipment, totaling $2,513.68, as described in the Police Chief’s memo dated May 14, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, declaring as surplus and authorizing the sale of a used outdoor warning siren to the City of Maynard, for $1,000.00, as described in Police Captain Cook’s memo dated May 21, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-101 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 97-533, High School Arena Ice Floor Replacement, to Thermex Corporation, the low bidder, in the amount of $338,156.00, for the base CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1997 Page 3 bid and alternate, subject to approval for its share of the costs by Independent School District No. 196. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction of an addition up to 20 feet from the rear lot line on Lot 1, Block 1, Forest Point (13033 Hialeah Path); as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting setback variances to allow construction of porches up to 40 feet from Pilot Knob Road for all lots in Valley Way Village 7th and 8th Additions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-102 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and subdivision agreement for Cedar Isle Estates 6th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-103 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing to consider vacating drainage and utility easements on Lots 1 and 2, Block 1, The Woodwinds 3rd Addition, at 8:00 p.m., on June 26, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-104 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and waiving the subdivision agreement for The Woodwinds 6th Addition (replat of Lots 1 and 2, Block 1, The Woodwinds 3rd Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-105 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 97-536, Carroll Center 4th Addition (Transit Hub) Improvements, and setting a public hearing on it, at 8:00 p.m., on June 26, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-106 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 97-536, Carroll Center 4th Addition (Transit Hub) Improvements. Ayes - 5 - Nays - 0. Resolution No. 1997-107 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 97-537, Wyndemere 5th Addition Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Settlement Agreement and Release with Brown-Minneapolis Tank Company for Project 95-493, Valleywood Water Reservoir, authorizing payment of $20,000.00, and authorizing the Mayor CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1997 Page 4 and Clerk to sign the necessary documents, as described in the Public Works Director’s memo dated May 19, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-108 MOTION: of Sterling, seconded by Grendahl, adopting ordering installation of stop signs at the intersections of: Oakwood Road and Strese Lane; Oakwood Road and Walnut Lane; and Walnut Lane and Strese Lane. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, a pproving reduction of subdivision financial guarantees for: Nordic Woods 17th Addition, from $46,000 to $11,156; and Walnut Hills, from $58,150 to $27,100. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the annual Working Agreement, for the period May 1, 1997 to April 30, 1998; with OWOBOPTE Industries, Inc., to provide seasonal workers, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving h iring Catherine Broughten for the full-time position of Accounts Receivable Accountant, as listed in the Personnel Report dated May 22, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated May 22nd, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SPECIAL ELECTION CANVASS The City Clerk presented returns of the May 20, 1997, special City election showing at total of 3,673 people voting. Affidavits showing posting and publication of the notice and sample ballot for the election are on file. The total registered voters in the City are 25,127 for a voter turnout of 14.62 percent. Resolution No. 1997-109 MOTION: of Goodwin, seconded by Erickson, adopting accepting official returns of the May 20, 1997, special City election and declaring the $8,370,000 Park Bond Referendum passed with 1,971 yes votes versus 1,682 no votes; and declaring the $795,000 Cemetery Bond Referendum passed with 2,104 yes votes versus 1,527 no votes. Councilmember Goodwin congratulated the Park Committee and People for Parks for their successful efforts in supporting the referendum. CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1997 Page 5 Wilton Anderson, on behalf of the Lebanon Cemetery Board, thanked the Council and voters for supporting the cemetery issue. Vote was taken on the motion. Ayes - 5 - Nays - 0. PRE-ARRIVAL EMERGENCY MEDICAL INSTRUCTION PROGRAM Police Chief Willow reviewed the proposal for a new program of providing pre-arrival medical instructions for emergency calls as described in his memo dated May 19, 1997. Callers will be given the option, by the Dispatcher, of receiving the instructions until medical personnel arrive. Healtheast Transportation will provide the service at a cost of $1,627.36 for one year. Dakota County will be the agent making payment for the service with seat belt funds it collects from the Metro Region 911 Telephone Board. MOTION: of Erickson, seconded by Sterling, approving contracts with Healtheast Transportation, Inc., for Pre-arrival Emergency Medical Instructions and with Dakota County for Use of Seat Belt Funds for Pre-arrival Emergency Medical Instructions, for the period June 1, 1997, to May 31, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. PUBLIC HEARING, SPECIAL ASSESSMENT ROLLS Mayor Humphrey called the public hearing to order, at 8:12 p.m., to consider 1997 Special Assessment Rolls; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed Assessment Rolls 416 and 417 for Hunters Wood Townhomes 5th Addition and Kwik Trip Addition improvements totaling $241,799.00. He also reviewed Assessment Roll 418 for delinquent utility charges now totaling $47,383.68. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:13 p.m. Resolution No. 1997-110 MOTION: of Grendahl, seconded by Sterling, adopting approving 1997 Special Assessment Rolls No. 416 and 417, in the total amount of $241,799.00 for certification to Dakota County. Ayes - 5 - Nays - 0. Resolution No. 1997-111 MOTION: of Sterling, seconded by Grendahl, adopting approving 1997 Special Assessment Roll No. 418, delinquent utility charges, in the total amount of $47,383.68 for certification to Dakota County. Ayes - 5 - Nays - 0. ANIMAL EMERGENCY CARE FACILITY Mr. Lovelace reviewed the Planning Commission recommendation on the application for a building permit for an animal emergency care facility located east of Pennock Avenue and south of 146th Street. Jack Shaw, the petitioner, was present and showed samples of the construction CITY OF APPLE VALLEY Dakota County, Minnesota May 22, 1997 Page 6 materials proposed. Dr. Kurt Hansen, owner of the building, was present and described the facility’s operation. It will be open from 6:00 p.m. to early morning hours and on weekends and holidays. This is an after-hours care facility for animals. Resolution No. 1997-112 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for an animal emergency care facility on Lot 1, Block 1, Valley Commercial Park 4th Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Mr. Gretz reminded the Council that City Hall will be closed on Monday, May 26, 1997, in observance of Memorial Day. Mayor Humphrey noted that the American Legion will have a breakfast, followed by a ceremony at Apple Grove Park, to which everyone is invited. CLAIMS AND BILLS MOTION: of Sterling, seconded by Goodwin, to pay the claims and bills, check registers dated May 14, 1997, in the amount of $421,015.42; and May 21, 1997, in the amount of $1,687,260.39. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:25 o’clock p.m.