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Home My WebLink About10/09/1997CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 9th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; 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, 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. 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 Goodwin, 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 September 25th, 1997, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, proclaiming October, as National Breast Cancer Awareness Month; and October 17, 1997, as National Mammography Day; urging all women and their families to get the facts about mammography. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Black Dog Watershed Management Commission’s 1998 budget, with Apple Valley’s share of $7,608.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1997 Page 2 MOTION: of Sterling, seconded by Goodwin, approving the name of “Cedar Isle Park” for the park located near Flagstone Trail and Freeport Trail as recommended by the Park and Recreation Advisory Committee. Ayes - 5 - Nays - 0. Resolution No. 1997-224 MOTION: of Sterling, seconded by Goodwin, adopting approving the application of Independent School District 196 for a grant of $50,000 from the Minnesota Amateur Sports Commission to improve bleacher seating at Apple Valley Sports Arena, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 1997-225 MOTION: of Sterling, seconded by Goodwin, adopting awarding contracts for design and installation of playground equipment, based on proposals submitted, to Flanagan Sales, Inc., in the amount of $520,000, and to Earl F. Andersen, Inc., in the amount of $210,000, as recommended by the Park and Recreation Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded b y Goodwin, approving the Agreement and Waiver for special assessments related to Project 97-545 for Cedar Isle Village Homes with Arcon Development, Inc., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-226 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Project 97-545, Cedar Isle Village Homes Utility and Street Improvements, to Erickson Construction, the low bidder, in the amount of $448,406.90. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Ryan Contracting for Project 97-538, Carroll Center 4th Addition Utility, Street and Parking Lot Improvements, in the amount of an additional $125,884.40. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with CECA Utilities for Project 97-530, Cedar Isle Estates 6th Addition Utility and Street Improvements, in the amount of an additional $2,365.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with CECA Utilities for Project 97-530, Cedar Isle Estates 6th Addition Utility and Street Improvements, in the amount of an additional $12,894.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1997 Page 3 MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Hunters Wood Townhomes 5th Addition, from $84,750 to $56,625; and Mistwood, from $66,437 to $54,250. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, authorizing the City Engineer to prepare plans and specifications for a Water Treatment Plant filter bypass as described in the Utilities Superintendent’s memo dated October 9, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-227 MOTION: of Sterling, seconded by Goodwin, adopting establishing a no parking zone along the east side of Garden View Drive between the south entrance to Westview School and a point 60 feet north of the north entrance to the School. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving a Letter of Understanding with LELS, Police Union, related to Equal Employment Opportunity Commission appeal rights in disciplinary actions, and authorizing execution of the same, as described in the Human Resources Manager’s memo dated October 9, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, amending the Personnel Plan by approving establishment of a Public Works Project Coordinator Position and elimination of the Streets Maintenance Superintendent Position as listed in the Personnel Report dated October 9, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reassignment of Richard Ling to the full-time position of Public Works Project Coordinator as listed in the Personnel Report dated October 9, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated October 9, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA “BP” ZONING DISTRICT AMENDMENT Mr. Kelley reviewed his memo dated October 6, 1997, concerning proposed amendments to permitted and conditional uses in “BP” (Business Park) zoning district standards. The changes would increase the amount of floor area allowable for production, fabrication, and warehousing; and provide for outdoor storage as a conditional use. Because this is a zoning ordinance amendment, it requires a hearing before the Planning Commission. MOTION: of Sterling, seconded by Goodwin, setting a public hearing, at 7:00 p.m., on November 5, 1997, for the Planning Commission to consider amendments to CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 1997 Page 4 Appendix A of the City Code regarding “BP” Business Park zoning district standards as described in the Community Development Director’s memo dated October 6, 1997. Ayes - 5 - Nays - 0. ORDINANCE REVISING PERSONNEL CODE Ms. Margarit gave the first reading of an ordinance amending City Code Sections 16-15 to 16-17 and 16-27 related to employee benefits. It would provide annual leave and holiday pay for certain part-time employees in year around regularly scheduled positions. Another provision would clarify that an employee does not accrue benefits during an unpaid parental leave. The Council accepted the first reading; the second reading will be scheduled for October 23, 1997. ORDINANCE ESTABLISHING NATURAL RESOURCES CODE CHAPTER The Council accepted the Community Development Director’s memo dated October 6, 1997, as the second reading of an ordinance establishing Natural Resources Management Regulations as Chapter 20 of the City Code and an ordinance amending weed regulations. Ordinance No. 633 MOTION: of Erickson, seconded by Grendahl, passing amending the City Code by establishing Natural Resources Management Regulations as Chapter 20 and amending Sections 6-20 to 6-22 and B1-16 by transferring excavation and Ordinance No. 634 grading permit procedures to Chapter 20; and passing amending Sections 11-1 and 11-10 of the City Code regulating growth of weeds. Ayes - 5 - Nays - 0. COUNCIL ITEMS & COMMUNICATIONS Councilmember Grendahl noted that, in connection with National Breast Cancer Awareness Month, public clinics are offering free mammograms to eligible women. For more information, the Dakota County Public Health Department should be contacted at 552-3100. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Erickson, to pay the claims and bills, check registers dated October 3, 1997, in the amount of $641,194.05; and October 9, 1997, in the amount of $2,708,055.61. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:15 o’clock p.m.