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HomeMy WebLinkAbout02/09/1995CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 9th, 1995, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning (attended at 8:05 p.m.); Councilmembers Goodwin, Erickson, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, Arena Manager Pietig, and Police Chief Willow. Acting Mayor Sterling called the meeting to order at 8:00 p.m. The Council- members and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as presented. Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CQNSENT AGENDA JAN. 26, 1995 MINUTES Acting Ma~or Sterling 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. MOTION: of Humphrey, seconded by Ertckson, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Eriokson, approving the minutes of the regular meeting of January 26th, 1995, as written. Ayes - 4 - Nays - O. MOTION: MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. RES. 1995-32 1995-32 aceeptlng, with thanks, the donation of $150.00 from D.A.R.E. Lutheran Brotherhood Dakota Branch_#8011 for use by the DONATION D.A.R.E. Program. Ayes - 4 - Nays - O~ of Humphrey, seconded by Erickson, adopting Resolution No. -~RES. 1995-33 1995-33 approving Dakota County 40 & 8 Voiture 1457's D~K~-4Q~& 8 application for Exemption from Lawful Gambling License and GAMBLING-L/8~ waiving any waiting period for State approval for an event, EXEMPTION at 14521 Granada, on March 17, 1995. Ayes ~ 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolutions No. 1995~34, 1995-35, 1995-36 and 1995-37 approving Sons of the American Legion 1776 applications for Exemptions from Lawful Gambling Licenses and waiving any waiting period for State RES. 1995-3~ TO 37, SONS 0 LEGION GAMB. LIC' EXEMPTI( CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: Gambling Board approval for events, at 14521 Granada, on March 3rd, Jun~ 16th, July 4th and September 23rd, 1995. Ayes - 4 ~ Nays - O. of Humphrey, seconded by Erickson, approving issuance of a Precious Metal Dealer License, for the year 1995, to Bill Buttweiler, Inc., d/b/a Apple Valley Jewelers, at 14810 Granada Avenue. Ayes ~ 4 - Nays - 0. of Humphrey, seconded by Erlckson, approving renewal of hobby kennel permits for the year 1995 as listed in the City Clerk's memo dated February 6, 1995. Ayes - 4 ~ Nays ~ O. of Humphrey, seconded by Eriekson, adopting Resolution No. 1995-38 approving specifications for Lease/Purchase of Eight Pisces of Mowing Equipment for Valleywood Golf Course and authorizing advertising for bids to be rsceived at 2:00 p.m., on February 28, 1995. Ayes - 4 - Nays - O. of Humphrey, seconded by Ertckson, adopting Resolution No. 1995-39 awarding the purchase of a 50 H.P. Utility Tractor, for Park Maintenance, to Stemon Implement, the low bidder, in the net amount of $18,9§7.00. Ayes - 4 - Nays - Oo of Humphrey, seconded by Erickson, adopting Resolution No. 1995-40 awarding the contract for a Digital Dictation System to Lanier Worldwide, Inc., the low proposer, in the net amount of $48,391.00 plus an option of $1,494.00, for a total of $49,885.00. Ayes ~ 4 - Nays - 0. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-41 approving the final plat of Oak Bend (replat in Farquar Lake Addition), waiving the rsquirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-42 approving the corrective final plat of Valley Commercial Park Third Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of H~phrey, seconded by Ertckson, approving a Right of Entry for Dakota Electric Association, for demolition work, on the Eastview site, at the southwest corner of 140th Street and Johnny Cake Ridge Road, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. AV JEWELERS PMD LICENSE HOBBY KENNEL PERMITS RES. 1995-38 TAKE BIDS GOLF MOWERS RES. 1995-39 AWARD P~,~:M TRACTO~ RES. 19~-40 AWARD DIGITAL DICTATION SYS, RES. 1995-41 OAK BEND FINAL PLAT RES. 1995-42 V.C. PARK 3RD FINAL PLAT DEA EASTVIEW RIGHT OF ENTRY CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Erickson, approving Change Order No. 1 to the contract with S. J. Louis Construction for Project 94-427, Waterford village Improvements, in the amount of an additional $7,569.32. Ayes - 4 - Nays - 0. of Humphrey, seconded by Ertckson, approving Change Order No. 4 to the contract with Fischer Sand & Aggregate for Project 94-440, 140th Street Reconstruction, in the amount of an additional $88,342.65. Ayes - 4 - Nays - 0. of Humphrey, seconded by Erickson, rescinding Resolution No. 1995-31, adopted January 96, 1995, and associated appoint- ments, expanding the Economic Development Authority membership and directing Staff to proceed with scheduling the required public hearing for February 23, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Erickson, approving property, liability and workers' compensation insurance packages renewal with the League of Minnesota Cities Insurance Trust; for the period March 1, 1995, to March 1, 1996; at a premium of $498,951.00. Ayes - 4 - Nays - 0. of Humphrey, seconded by Erickson, approving contracting with CC Systems, a subsidiary of Blue Cross/Blue Shield, to administer the short term disability insurance program as described in the Personnel Director's memo dated February 9, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Erickson, amending the 1995 pay scale for seasonal/part-time positions by adding one additional pay step as shown in the Personnel Director's memo dated February 9, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Erickson, approving hiring the part-time and seasonal employees listed in the Personnel Report dated February 9, 1995. Ayes - 4 - Nays - 0. Of Humphrey, seconded by Erickson, approving dismissal of Thomas Lagace from medical leave of absence, effective February 10, 1995, as listed in the Personnel Report dated February 9, 1995. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Johnson reviewed the preliminary budget estimate for the Ice Arena Project at Hayes Field as prepared by Kraus-Anderson Construction Com- pany. (Mayor Branning attended at this time.) at $2,157,000; CHANCE ORDER PROJ, 94-427 cm%NOE ORDER PRO J, 94-440 RESCIND EDA EXPANSION A~GTIONS LMGIT INS. RENEWAL SHORT TERM DISABILITY INS, ADMIN, . AMEND 1995 SEASONAL PAY SCALE HIRE SEASONA~ EMPLOYEES LAGAGE DISMISSAL SECOND ICE .ARENA PROJEC~ The cost is estimated $43,000 under the proposed $2,200,000 budget. The construction CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1995 Page 4 schedule shows a start in mid-May with the facility available for use in December of 1995. The tip-up panel building will be located north of the existing Community Center and the Hayes Building. Ballfield 5 will be relocated. No additional parking is proposed now; but, if there is a need in the future, there is room for 30 to 40 additional spaces, MOTION: of Goodwin, seconded by Humphrey, approving the Hayes Park Arona plans and budget, of $2,200,000, and authorizing proceeding with preparation of detailed plans and bid documents as shown in the preliminary budget estimate dated February 7~ 1995, PROCEED WITH ARENA PROJECT Mr. Johnson said the project will be broken into several bid packages for approval go be able to move along within the construction schedule. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. Mr, Dougherty reviewed and gave the first reading of two ordinances DAKOTA ELEC. amending the franchise agreement with Dakota Electric Association. FRANCHISE The first ordinance amends Section Cl-10(a) by providing that the AMENDING ORD. franchise fee collected from Dakota Electric is used for energy supply FIRS% ti purposes. At such time the City collects a fee from other suppliers, this restriction is removed. The second ordinance institutes a fee of two percent of gross receipts, not to exceed $25.00 per month per account. These changes to the franchise agreement are being made to implement the agreement between Dakota Electric and the Economic Development Authority to provide funds to aid in construction of electrical facilities. The Council accepted the first readings of both ordinances; second readings are scheduled for February 23, 1995. Mr. Gretz reviewed a Purchase Agreement submitted by Dial Realty ARMORY SITE Development Corp. offering $400,000.00 for the former armory site PROPOSAL property. He noted there are several contingencies in the offer in- cluding zoning for business retail use. Dial has verbally indicated a zoning of limited business would be acceptable. Mayor Branning asked if this proposal was solicited? Mr. Gretz said the only solicitation by the City was of a commercial real estato agent for a listing proposal. Councilmember Humphrey said at the January 26th meeting the Council authorized advertizing the property for sale and this proposal resulted from that. Mayor Branning said he is concerned about selling the site for $2.50 per square foot when other property is selling at twice this price. Councilmember Humphrey said this is approximately the price the commercial real estate agent wanted to list it at. MOTION: of Humphrey, seconded by Goodwin, to proceed with a Purchase DIAL Agreement for the former armory site property, at a price of AGREEMENT $400,000.00, with Dial Realty Development Corp. and direct- ing Staff to prepare details of the Agreement. CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1995 Page 5 Mayor Branning said he believes the $400,000 price offered is too iow. Councilmember Ertckson said the figure of $300,000 was factored in for sale of the site in projecting ice arena funding and asked about getting an appraisal. Mr. Gretz said any appraisal done now would be based on the current planned development zoning. Mayor Branning said to be sure the City is getting a fair price, perhaps the Planning Commission should review the zoning. Councilmember Humphrey said if the City initiates a rezoning, the prospective purchaser should be asked to make a presentation at the hearing on what it would do with the property. MOTION: of Humphrey, seconded by Goodwtn, amending the foregoing motion by directing Staff to prepare an application to the Planning Commission rezoning the site to I~ and continue advertising it for sale in the Minnesota Real Estate Journal. Ayes - 4 - Nays - 0 (Sterling Abstained). AMEND MOTION Vote was taken on the motion as amended. Ayes - 0 - Nays - 5. (Failed) MOTION: of Goodwin, seconded by Humphrey, directing Staff to prepare an application to the Planning Commission rezonlng the former armory site to LB and continue advertising it for sale in the Minnesota Real Estate Journal. REZONE ARMORY SITE MOTION: of Humphrey, seconded by Erickson, amending the foregoing AMEND MOTION motion by also directing Staff to request an appraisal on the property based on the assumption that i~ ~ill be rezoned to LB. Ayes - 4 - Nays - 0 (Branning Abstained). _. Vote was taken on the motion as amended. Ayes ~ 5 - Nays - O. Police Chief Willow gave the second reading of a proposed ordinance amending City Code Section 3-46(b)(7.b) pertaining to liquor premises closing hours. It would allow bona fide maintenance, cleaning and remodeling activities within licensed premises after the time the liquor establishment is closed but before it opens on the following day. The Council accepted the second reading. LIQUOR PREMIS CLOSING HOURS ORDINANCE SECOND READIN~ MOTION: of Ooodwin, seconded by Sterling, passing Ordinance No. 592 amending City Code Section 3-46(b)(7.b) by allowing em- ployees to be in licensed liquor establishments, after the time a sale can legally be made, for maintenance, cleaning or remodeling projects. Ayes - 5 - Nays ~ 0. ORDINANCE 59~ _LIQUOR GLOSIi~ The Council noted that a vacancy exists on the Planning Commission and the Mayor asked the Council to review applications and be prepared to make an appointment at the next meeting. PLANNING tOM VACANCY CITY OF APPLE VALLEY Dakota County, Minnesota February 9, 1995 Page 6 MOTION: of Sterling, seconded by Humphrey, rescheduling and moving SET MARCH 8TH the regular meeting of March 9th to Wednesday, March 8th, MEETING 1995, at 8:00 p.m. Ayes ~ 5 - Nays - Oi Councilmember Goodwin commented on the Municipal Legislative Commission LEGISLATIVE meeting held February 8th that Mayor Branning, Councilmember Sterling, ISSUES the City Administrator and he attended. He noted cities, such as Apple Valley, will be losing hundreds of thousands of dollars of state aid. Proposed legislation will divert local government aid to schools rather than cities. This will have the effect of increasing city tax bills and citizens need to be informed of potential impacts. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, chock registers dated Fobruary 2, 1995, in the amount of $1,460,621.58; and February 9, 1995, in the amount of $1,109,245.71. Ayes - 5 ~ Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Goodwin, to close the meeting, under the provisions of M.S. 471.705, Subd. la, to consider AFSCME (Maintenance) and LELS (Police) labor negotiations. Ayes - 5 - Nays - 0. CLOSE MEETING The meeting was closed at 9:13 p.m. and the Council convened in the Conference Room, at 9:22 p.m., along with City Attorney Dougherty, City Administrator City Clerk Mueller, Personnel Director Boland, Parks and Recreation Director Johnson, Public Works Director Miranowskt, and Police Chief Willow. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 10:10 p.m. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:11 o'clock p.m.