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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.