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HomeMy WebLinkAbout11/25/1997CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 25th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humph rey; 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 Planner Bodmer, Police Captain Cook, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, 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. D.A.R.E. DONATION Steve Smith, owner of Mermaid Car Wash, was present and commented on a D.A.R.E. fund raising event held September 14, 1997. The Police Departments participated and over $10,000 was raised for programs in Apple Valley, Burnsville and Savage. He presented a check, in the amount of $3,334.00, for Apple Valley’s share of the proceeds. DEFIBRILLATOR DONATION Earl and Charlotte Brooks, of 5411 Upper 147th Street, were present and commented on their donation of an automatic external defibrillator for the Police Department. Mr. Brooks described the experience he had with such equipment saving his life and presented a check in the amount of $2,662.50. Police Captain Cook showed the new First Save AED purchased for the Department. AUDIENCE - ZOO HOLIDAY ACTIVITIES Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Courtney Flynn, of the Imation IMAX Theater at the Zoo, commented on the Nutcracker 3D film, opening for the holiday season, and the Zoo’s lighting display. She invited everyone to attend the entertainment. The Mayor thanked the Apple Valley High School Valley Company Carolers for participating in the 12th annual holiday decoration lighting ceremony held prior to the Council meeting. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 2 CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, adding acceptance of donations to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS Resolution No. 1997-244 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $3,334.00 from Mermaid Car Wash for the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. Resolution No. 1997-245 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $2,662.50 from Earl and Charlotte Brooks for the purchase of an automatic external defibrillator for the Police Department. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of November 6th, 1997, as written. Ayes - 5 - Nays - 0. Resolution No. 1997-246 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $30.00 from Minnegasco for the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing conversion of an unclaimed cellular telephone for Public Works Department use as described in the Police Chief’s memo dated November 21, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-247 MOTION: of Sterling, seconded by Grendahl, adopting approving an Application for Exemption from Lawful Gambling License for Lupus Foundation of America, Inc., for an event on March 21, 1998, at 14955 Galaxie Avenue. Ayes - 5 - Nays - 0. MOTION: of Sterling, s econded by Grendahl, approving issuance of a 1997 Cigarette Sales License to Apple Valley Tobacco, Inc., at 7540 West 149th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the 1998 Joint Powers Agreement for the South Metro Drug Task Force, as attached to the Police Captain’s memo dated November 18, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 3 MOTION: of Sterling, seconded by Grendahl, approving the 1997-1998 D.A.R.E. & Police Liaison Services Agreement with Independent School District No. 196, as attached to the Police Chief’s memo dated November 21, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-248 MOTION: of Sterling, seconded by Grendahl, adopting authorizing use of the City’s Traffic Signal Preemption System (TSPS) by the Minnesota State Patrol. Ayes - 5 - Nays - 0. Ordinance No. 637 MOTION: of Sterling, seconded by Grendahl, passing amending Section A1-42.5, of Appendix A of the City Code, “BP” Business Park zoning district; by reducing minimum required office space from 30 to 10 percent, allowing contractor offices, allowing outdoor storage as a conditional use, and clarifying performance standards; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-249 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for a Skid Steer Loader and Hydraulic Snow Blower, for Public Works, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 16, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-250 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for a Street Sweeper with Dual Gutter Brooms, for Public Works, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 16, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-251 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 97-547, Water Treatment Facility Filter Bypass Piping, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 23, 1977. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Right of Entry Agreement with Fischer property owners, south of County Road 42, for acquisition of easements related to Central Storm Sewer Trunk construction, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-252 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 97-544, Central Storm Sewer Trunk Improvements, to Brown & Cris, Inc., the low bidder, in the amount of $1,038,481.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Joint Powers Agreement with the City of Rosemount for the Birger Pond Outlet, as attached to the Public Works CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 4 Director’s memo dated November 20, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-253 MOTION: of Sterling, seconded by Grendahl, adopting approving amendments to the Bylaws of the Apple Valley Firefighters’ Relief Association providing for pension benefits at the $22.00/monthly and $3,300/lump sum level January 1, 1998; and $23.00/monthly and $3,500/lump sum level January 1, 1999; as approved by the membership October 12, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of firefighters’ disability insurance for 1998 with Hartford and Volunteer Firemen’s Benefit Association, as described in the Human Resources Manager’s memo dated November 25, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-254 MOTION: of Sterling, seconded by Grendahl, adopting authorizing the establishment of a Trust for the ICMA Retirement Corporation Deferred Compensation Plan, for funds deposited by employees, and providing for its administration. Ayes - 5 - Nays - 0. Resolution No. 1997-255 MOTION: of Sterling, seconded by Grendahl, adopting authorizing the establishment of a Trust for the ICMA Retirement Corporation Part-time, Temporary and Seasonal Deferred Compensation Plan, for funds deposited by employees, and providing for its administration. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the 1998 DCA Flexible Spending Account Fee Schedule and Services Agreement, as attached to the Human Resources Manager’s memo dated November 25, 1997, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Kent Zimmerman for the full- time position of Maintenance I Sports Arena/Parks as listed in the Personnel Report dated November 25, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving temporary transfer of Michael Hammerstad to the position of Zoning/Code Inspector as listed in the Personnel Report dated November 25, 1997. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated November 25, 1997. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 5 INTRODUCTION OF NEW EMPLOYEES Ms. Margarit introduced new employees Theresa Reyer, Police Department Receptionist; and Nathan Bang, MIS Coordinator. The Council welcomed them as employees. PARK & RECREATION ADVISORY COMMITTEE APPOINTMENT Mr. Johnson introduced Tiffani Anglin whom the Park and Recreation Advisory Committee recommended for appointment to fill the vacancy of youth representative on the Committee. MOTION: of Sterling, seconded by Erickson, appointing Tiffan i Anglin as youth representative on the Park and Recreation Advisory Committee for a term expiring March 1, 1999. Ayes - 5 - Nays - 0. SPECIAL ASSESSMENT ROLL NO. 437 Mayor Humphrey called the public hearing to order, at 8:16 p.m., on 1997 Special Assessment Roll No. 437 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the assessment, totaling $15,367.00, which was requested by the property owner for utility connections at 13654 Pennock Avenue. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. Resolution No. 1997-256 MOTION: of Goodwin, seconded by Erickson, adopting approving and levying 1997 Special Assessment Roll No. 437 in the amount of $15,367.00. Ayes - 5 - Nays - 0. 1998 LIQUOR, WINE & BEER LICENSE RENEWALS Mayor Humphrey called the public hearing to order at 8:18 p.m. to consider renewal applications for on-sale liquor, wine and beer licenses for 1998 and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the list of applications and noted that issuance is subject to receiving necessary bond and insurance documents by December 15, 1997. On-sale liquor and wine license renewals should be approved by resolution. On-sale beer licenses can be approved by motion. The applicants are as follows: On-sale intoxicating liquor & special license for Sunday liquor sales - 1. Rich Mgt., Inc., d/b/a Apple Place, 14917 Garrett Avenue; 2. H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, 7721 West 147th Street; 3. Lancer Food Service, Inc., at the Minnesota Zoological Garden; 4. LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon, 15020 Glazier Avenue; 5. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue. Club on-sale intoxicating liquor & special license for Sunday liquor sales - Apple Valley American Legion Post 1776, at 14521 Granada Drive. CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 6 On-sale wine license - 1. C.I.A.O., Inc., d/b/a Broadway Station, 15050 Cedar Avenue; 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7543 West 147th Street; 3. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, 7534 West 149th Street. On-sale 3.2 percent malt liquor or beer - 1. C.I.A.O., Inc., d/b/a Broadway Station, 15050 Cedar Avenue; 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7543 West 147th Street; 3. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, 7534 West 149th Street; 4. Pizza Huts of the Northwest, Inc., 7666 West 149th Street; 5. City of Apple Valley, d/b/a Valleywood Golf Course, 4851 West 125th Street; 6. Joel Watrud, d/b/a Apple Valley Golf Course, 8661 West 140th Street. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:19 p.m. MOTION: of Goodwin, seconded by Grendahl, approving renewal for 1998 of on-sale Resolutions No. 1997-257 licenses by adopting for Rich Mgt., Inc., d/b/a Apple No. 1997-258 No. 1997-259 Place; for H.O.C., Inc., d/b/a Rascals; for Lancer No. 1997-260 Food Service, Inc.; for LRB Restaurant Company, d/b/a Grizzly’s No. 1997-261 Grill N’ Saloon; for Wadsworth Old Chicago, Inc., d/b/a Old No. 1997-262 No. 1997- Chicago; for Apple Valley American Legion Post 1776; 263 No. 1997-264 for C.I.A.O., Inc., d/b/a Broadway Station; for D & D of No. 1997-265 Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack; for Jade Island Chinese Cuisine, Inc., d/b/a Jade Island; and approving on-sale and off-sale beer licenses as listed in the City Clerk's memo dated November 21, 1997. Ayes - 5 - Nays - 0. CEDAR ISLE VILLAGE HOMES Ordinance No. 638 MOTION: of Erickson, seconded by Goodwin, passing amending Article A21 of Appendix A of the City Code, Planned Development Designation No. 580, by adding Zone 2 to allow detached single family dwelling units as a permitted use, identified as Cedar Isle Village Homes, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-266 MOTION: of Erickson, seconded by Grendahl, adoptin g approving the final plat and Subdivision Agreement for Cedar Isle Village Homes and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. HOLIDAY CONDITIONAL USE PERMIT Ms. Bodmer reviewed the Planning Commission’s recommendation on the application of Holiday Stationstores for a conditional use permit for outdoor display at 5980 West 149th Street. She noted the Planning Commission will be considering an amendment to outdoor display and sales CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 7 regulations to better address appearance and maintenance issues. Mr. Gretz described the previously-approved Zoning/Code Inspector position which will also be monitoring such business activities. Resolution No. 1997-267 MOTION: of Goodwin, seconded by Grendahl, adopting approving a Conditional Use Permit for outdoor display at Holiday Truck Express, on Lot 5, Block 2, North Star Industrial Park, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOBILE HOME PARK STUDY Mr. Kelley reviewed his memo, dated November 21, 1997, concerning legislation proposed by the League of Minnesota Cities on mobile home park issues. It proposes that the Department of Health, which is charged with licensing, conduct a study on operational issues. Resolution No. 1997-268 MOTION: of Sterling, seconded by Goodwin, adopting supporting legislation, proposed by the League of Minnesota Cities, requiring the Minnesota Department of Health to conduct a statewide study of mobile home parks and to develop proposed solutions for issues identified. Ayes - 5 - Nays - 0. ORDINANCE PROHIBITING GRAFFITI Police Chief Willow gave the first reading of a proposed ordinance adding Sections 14-100 to 14- 104 to the City Code prohibiting and controlling graffiti. It would establish requirements for removal and, if not removed, allow the City to remove the graffiti and charge the property owner for costs incurred. The Council accepted the first reading. The second reading will be scheduled for December 11, 1997. ASSESSOR PUBLICATIONS Mayor Humphrey noted that the County Assessor has several new pamphlets available. One of these explains the “This Old House” law which allows a potential property tax exemption for homes at least 35 years old. HOLIDAY LIGHTING CONTEST Councilmember Sterling said the Optimist Club, along with Dakota Electric, is sponsoring its “5th Annual Lighting Contest”. Maps with locations of participants will be made available at City Hall. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated November 12, 1997, in the amount of $5,515,710.04; November 19, 1997, CITY OF APPLE VALLEY Dakota County, Minnesota November 25, 1997 Page 8 in the amount of $12,716,729.35; and November 24, 1997, in the amount of $1,016,681.14. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:47 o’clock p.m.