HomeMy WebLinkAbout09/11/1997CITY OF APPLE VALLEY
Dakota County, Minnesota
September 11, 1997
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held September 11th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Hum phrey; 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, Finance Director Ballenger, Assistant Planner Bodmer, Assistant
to the Administrator Grawe, 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 - 5 - Nays - 0.
QUARBERG LEADERSHIP RECOGNITION
Mayor Humphrey presented a framed eagle print to Rev. David Quarberg, retiring pastor of
Grace Lutheran Church, in recognition of his outstanding community leadership. Rev. Quarberg
accepted the award with appreciation.
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, approving all items on the consent agenda with
no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of
August 21st, 1997, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained).
MOTION: of Sterling, seconded by Grendahl, proclaiming Se ptember 15-21, 1997, as
Pollution Prevention Week in support of reducing or eliminating the use of
pollutants at their source. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 11, 1997
Page 2
MOTION: of Sterling, seconded by Grendahl, authorizing various activities in connection with
the Ring-Around-The-Arts Festival, on September 20 and 21, 1997, as described
in the Recreation Supervisor’s memo dated August 25, 1997. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving issuance of 1997 Off-Sale 3.2 Malt
Liquor, Cigarette Sales, and Filling Station Licenses for Holiday Stationstore
#316, at 5980 West 149th Street. Ayes - 5 - Nays - 0.
Resolution No. 1997-199
MOTION: of Sterling, seconded by Grendahl, adopting approving
special assessment divisions: No. 21697, Cherry Oak Estates 3rd Addition; No.
21741, Kwik Trip; No. 21747, High School Four Addition; No. 21773, Carroll
Center 2nd Addition; No. 21795, Saddle Ridge; No. 21796, Woodwinds 6th
Addition; and No. 21798, Cedar Isle Estates 6th Addition. Ayes - 5 - Nays - 0.
Resolution No. 1997-200
MOTION: of Sterling, seconded by Grendahl, adopting approving
the final plat and subdivision agreement for U.S. Postal Addition and authorizing
the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow
construction of a porch addition to within 22 feet of the front lot line on Lot 9,
Block 10, Palomino Lakeside Meadows 2nd Addition, as recommended by the
Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow
construction of a garage addition to within 25 feet of the front lot line on Lot 12,
Block 1, Heritage Hills 3rd Addition, as recommended by the Planning
Commission. Ayes - 5 - Nays - 0.
Resolution No. 1997-201
MOTION: of Sterling, seconded by Grendahl, adopting awarding
the contract for Project 97-541, Central Maintenance Facility Fueling System
Removal and Replacement, to Pump & Meter Service, Inc., the low bidder, in the
amount of $93,368.00 plus $23,944.00 of alternates for a total of $117,312.00.
Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving the Agreement with Brauer and
Associates, Ltd., for play equipment specification development and bidding
procedures services and authorizing the Mayor and Clerk to sign the same, as
recommended in the Park & Recreation Director’s memo dated September 5,
1997. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 11, 1997
Page 3
Resolution No. 1997-202
MOTION: of Sterling, seconded by Grendahl, adopting establishing
no parking zones along both sides of 155th Street between Cedar Avenue and
Garnet Way. Ayes - 5 - Nays - 0.
Resolution No. 1997-203
MOTION: of Sterling, seconded by Grendahl, adopting directing
installation of stop signs at intersections within the Cedar Isle Estates development
area. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving hiring Valerie Holes for the full-time
position of Police Officer as listed in the Personnel Report dated September 11,
1997. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as
listed in the Personnel Report dated September 11, 1997. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
INTRODUCTION OF NEW POLICE OFFICERS
Police Chief Willow introduced new Police Officers Brian Bone and Valerie Holes who are
beginning employment with the City. He noted this will bring the Department to 40 sworn
Officers. The City Clerk then administered oaths of office to Officers Bone and Holes.
1998 BUDGET AND TAX LEVY
Mr. Gretz reviewed a summary of the proposed 1998 budget and tax levy which the Council has
previously reviewed in detail. He noted the Council is required to certify the proposed amounts
by September 15th. Following the truth in taxation hearing, in December, the final amount must
be certified which can be decreased but cannot be increased over the proposed amount.
Resolution No. 1998-204
MOTION: of Goodwin, seconded by Erickson, adopting approving
proposed 1998 budgets, with total revenue of $26,863,936.00 and expenditures of
$26,049,983.00, and approving the proposed net tax levy collectible in 1998 of
$9,563,896.00. Ayes - 5 - Nays - 0.
Resolution No. 1998-205
MOTION: of Grendahl, seconded by Sterling, adopting approving
the proposed net transit tax levy collectible in 1998 of $924,429.00.
Councilmember Sterling asked for clarification of the amount of the transit tax levy. Mr.
Ballenger said the total transit tax levy is established by the Metropolitan Council. If a city
levies the transit tax, the amount is limited to the city’s levy limit. If a city does not levy
the tax, the Metropolitan Council levies the maximum amount. In Apple Valley’s case,
that amount would be about $50,000 more than what the City levy will be.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 11, 1997
Page 4
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, setting the truth in taxation public hearing on
proposed 1998 budgets and tax levy, at 8:00 p.m., on December 11, 1997. Ayes -
5 - Nays - 0.
PUBLIC HEARING, PROJECT 97-545
Mayor Humphrey called the public hearing to order, at 8:16 p.m., to consider Project 97-545,
Cedar Isle Village Homes Utility and Street Improvements; and noted receipt of the affidavit of
publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated
August 15, 1997. The Mayor asked for questions or comments from the audience and the
Council. There were none and the hearing was declared closed at 8:19 p.m.
Resolution No. 1997-206
MOTION: of Goodwin, seconded by Erickson, adopting ordering
installation of Project 97-545, Cedar Isle Village Homes Utility and Street
Improvements. Ayes - 5 - Nays - 0.
Resolution No. 1997-207
MOTION: of Goodwin, seconded by Grendahl, adopting approving
plans and specifications for Project 97-545, Cedar Isle Village Homes Utility and
Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m.,
on October 2, 1997. Ayes - 5 - Nays - 0.
MISS MINNESOTA PRE-TEEN
Mayor Humphrey welcomed a visitor in the audience. Miss Molly Berg, recently crowned Miss
Minnesota Pre-Teen 97-98, was attending the meeting and said she will be competing in the
national pageant in Orlando, Florida.
BIG APPLE BAGEL BAKERY
Ms. Bodmer reviewed the Planning Commission recommendation on a proposed conditional use
permit for a Class II Restaurant for Big Apple Bagel Bakery on the northwest corner of 145th
Street and Cedar Avenue. It will be located on the east end of the existing Auto Stop building.
The restaurant will be limited to 40 seats and will not have a drive thru. Jim Dimond,
representing the applicant, was present to describe the request and answer questions.
Resolution No. 1997-208
MOTION: of Goodwin, seconded by Sterling, adopting approving
a Conditional Use Permit for a Class II Restaurant in an RB zone, for Big Apple
Bagel Bakery, on Lots 1 and 2, Block 1, Bor-Nel; with conditions as
recommended by the Planning Commission. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 11, 1997
Page 5
ORDINANCE ESTABLISHING NATURAL RESOURCES CODE CHAPTER
Mr. Kelley gave the first reading of an ordinance establishing Natural Resources Management
Regulations as Chapter 20 of the City Code. Much of it is mandated by Federal and state
requirements to control storm water borne pollutants and erosion. The new regulations will
address, under a single permit process, forestry health and tree preservation practices, excavation
permits, erosion control procedures, and wetland preservation and development mitigation
procedures. Corresponding amendments to Chapter 6 and Section B1-16 transfer certain
provisions to Chapter 20. Amendments are also made to Sections 11-1 and 11-10 dealing with
weeds and natural vegetative areas. The Council accepted the first reading; the second reading
will be scheduled for September 25, 1997.
COUNCIL ITEMS & COMMUNICATIONS
Mayor Humphrey said the Council has been receiving questions on the potential Wal-Mart project
and asked Mr. Kelley to comment on how requests for building permits on properly zoned
property are handled. Mr. Kelley reviewed steps involved in the review and approval of such
applications by the Planning Commission and Council. He noted a public hearing for the Wal-
Mart proposal has not been rescheduled yet.
Councilmember Sterling said she will be attending a National League of Cities’ Finance,
Administration & Intergovernmental Relations (FAIR) Steering Committee meeting in Los
Angeles, California, next week.
Councilmember Grendahl congratulated Mayor Humphrey on his appointment to the Governor’s
Advisory Council on Local Government.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers
dated August 27, 1997, in the amount of $2,266,031.76; September 3, 1997, in the
amount of $21,360,751.92; and September 10, 1997, in the amount of
$2,463,357.49. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:46 o’clock p.m.