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HomeMy WebLinkAbout10/28/1993CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 28th, 1993, aC 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Cook, Community Development Director Gretz, Parks and Recreation Director Johnson, City Planner Kelley, and Police Chief Rivers. Mayor Branning 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. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mr. Johnson presented a plaque from the State of Minnesota Rehabili- OWOBOPTE REHAB ration Services to the Mayor. The award was given to the City in RECOGNITION recognition of its partnership with Owobopte Rehabilitation Industries for hiring and promoting people with disabilities. In November, Owobopte will be naming the City as its employer of the year. Kevin Raun, of ALF Ambulance, reported on the October 20, 1993, ALF/LAKEVILLE incident at Kenwood Junior High School in Lakeville. A natural gas SCHOOL line rupture required evacuation of the building. Students who EVACUATION inhaled some of the gas were transported for medical evaluations. He expressed appreciation for cooperation among all the agencies involved in responding to the incident. Mayor Branntng 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. AUDIENCE DISC. CONSENT AGENDA OCT. 14, 1993 MINUTES RES. 1993-244 FIRE DONATION MOTION: of Goodwin, seconded by Sterling, moving the Police grant application to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: . of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of October 14th, 1993, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-244 accepting, with thanks, the donation of a car to the Fire Department by Joseph Bergquist for use in training drills. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION MOTION: MOTION MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-245 accepting, with thanks, the donation of $1,000 to the Parks & Recreation Department by American Legion Post 1776 for the senior citizens' holiday party. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1993-246 accepting, with thanks, the donation of 500 Halloween trick-or-treat bags to'the Police Department by Rapid Oil Company for D.A.R.E. program students. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract with General Safety Equipment for refurbishing a 1982 Ford Fire Truck in the amount of an additional $1,955.00. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, accepting refurbishing of the 1982 Ford Fire Truck as final and authorizing final payment on the contract with General Safety Equipment in the amount of $44,155.00. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, granting a variance to define the side of the lot facing Gulf Breeze Court as the front for construction of a new house on Lot 7, Block 1, Timberwick 10th Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1993-247 approving the final plat and subdivision agreement for Morningview Ninth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1993-248 awarding the contract for Project 93-431, Morningview 9th Addition Utility Improvements, to Hydrocon, Inc., the low bidder, in the amount of $55,675.00. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1993-249 setting a public hearing at 8:00 p.m. on November 23, 1993, to consider vacating an easement on Lot 32, Block · 1, Morningview (being platted as Morningview Ninth Addition). Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, approving various change orders to the contracts for Police Facility construction, in the total amount of an additional $4,808.00, as described in the Personnel Director's memo dated October 28, 1993. Ayes - 5 - Nays - 0. RES. 1993-245 PARKS & REC. DONATION RES, 1993-246 POLICE D.A.R.E. DONATION FIRE TRUCK CH~2qG E ORDER FIRE TRUCK FINAL PAYmeNT VARIANCE TIMBERWICK 10TH ADDN. RES. 1993-247 MORNINGVIEW 9 FINAL PLAT RES. 1993-248 AWARD CONTRACT PROJ. 93-431 RES. 1993~249 SET EASEMENT VACATE HE4RING POLICE CONST CHANGE GITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1993 Page 3 MOTION: of Goodwin, seconded by Sterling approving renewal of disability insurance coverage for volunteer firefighters with Hartford, premium of $693.25, and Volunteer Firemen's Benefit Association, premium of $300.00, effective November 1, 1993. Ayes - 5 - Nays - 0. RENEW FIRE DISABILITY INSURANCE END OF CONSENT AGENDA Councilmember Goodwin said he asked to discuss the Police grant appli- POLICE GRANT cation because he is concerned about submitting an application for ten APPLICATION positions when two or three are actually needed. In addition, at the end of three years, the City would have to fully fund the positions. Police Captain Cook reviewed the proposed application and said three positions are a priority in the program. The application can be amended if desired. Mayor Branning said the application depends on whether it will be totally or partially funded. If this is an all or nothing program, asking for ten positions when only three are needed sends the wrong message. MOTION: of Humphrey, seconded by Ertckson, adopting Resolution No. 1993-250 approving submitting the Application for Federal Assistance under the Supplementary Police Hiring Grant Program, requesting Federal funding of $804,017.00 for ten Police officers. RES. 1993-250 SUBMIT POLICE GRANT APP. Councilmember Erickson said it generally requires three individuals to staff one officer position 24 hours a day. Ten officers would not be too many to add three positions. At the end of three years, a combination of growth and attrition would most likely absorb ten officers. MOTION: of Sterling, seconded by Goodwin, amending the above motion AMEND GRANT by submitting an application for three Police positions ~PPLICATION only; a juvenile officer, a school liaison officer, and a downtown patrol officer; amending the request for Federal funding of $239,315.00. Ayes - 4 - Nays - 1 (Erickson). Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Erickson). Mayor Branning called the public hearing to order at 8:29 p.m., to PUBLIC HEARING consider 1993 special assessment rolls 325 through 334 and noted re- ASSESSMENTS ceipt of the affidavit of publication of the hearing notice. Mr. 325 TO 334 Melena reviewed a listing of each of the rolls. It is recommended that rol.1 number 329 be reduced by $22,728.00 to correct a cost that should have been a storm sewer trunk charge. The Mayor asked for questions or comments from the public and the Council. Tim Stretar, 7139 West 158th Street, asked what the Apple Ponds assessments are? Mr. Melena explained they are for the cost of utility and street improvements installed for the subdivision. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1993 Page 4 Gary A. Anderson, 15990 Gallant Court, asked if 160th Street will be a four-lane road and if it will have a noise wall? Mayor Branning said it is a county road and will be designed by Dakota County. It is a high priority for the Gounty, but also requires Apple Valley and Lakeville to agree on construction. Counctlmember Goodwin said noise walls are subject to state regulations and it would be unlikely to have them on this type of road. No written objections were received. There being no further questions or comments, the hearing was declared closed at 8:34 p.m. MOTION: of Ertckson, seconded by Goodwin, adopting Resolution No. 1993-251 approving 1993 special assessment rolls numbered 325 through 334, in the revised total amount of $2,092,485.00, for transmittal to the Dakota County Auditor. Ayes - 5 - Nays - 0. ~ES. 1993,251 ASSESSMENTS 325 TO 334 Mayor Branning called the public hearing to order at 8:35 p.m. to PUBLIC HEARING consider 1993 special assessment roll 335, for delinquent utility ASSMT, 335 bills and other charges, and noted receipt of the affidavit of publi- cation of the hearing notice. Mr. Melena reviewed the proposed assessment which has been reduced to $1,173.05 by payments received prior to the hearing. The Mayor asked if the individual amounts include credit for utility deposits? Mr. Ballenger said they do. He asked if consideration is being given to increasing the amount of the deposits? Mr. Melena said fee increase information is being prepared for consideration along with the 1994 budget adoption. No written objections were received. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:37 p.m. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1993-252 approving 1993 special assessment roll number 335, in the revised total amount of $1,173.05, for transmittal to the Dakota County Auditor. Ayes - 5 - Nays - 0. RES. 1993-252 ASSESSMENT ROLL 335 Mr. Melena reviewed the City Planner's memo dated October 28, 1993, SAND & GRAVEL concerning the Metropolitan Council's action of October 21, 1993, to COMP. PLAN approve the Comprehensive Plan amendment for sand and gravel mining AMENDMENT south of County Road 42. The zoning ordinance was published as of today. Certain items remain to be completed before the conditional use permit documents can be issued. As far as mediation with the City of Lakeville, the mediator recommended by Lakeville is available at $55.00 per hour. The individual is the City Attorney for the City of Minnetonka. The first session could be held November 16, 1993. MOTION: of Goodwin, seconded by Sterling, authorizing the expenditure of up to $500.00 to begin mediation with the City of Lakeville using the mediator suggested by Lakeville. LAKEVILLE MEDIATION FUNDING CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1993 Page 5 MOTION: of Humphrey, seconded by Sterling, amending the foregoing motion by designating Apple Valley's mediation team as: a representative of the City Attorney's office, the City Administrator and the Co,unity Development Director. Ayes - 5 - Nays - 0. AMEND MOTION DESIGNATE MEDIATION TEAM Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Mr. Melena reviewed information for the truth in taxation notices which will be mailed to all property owners by the County. The City's tax rate is shown as being reduced to .24522 for 1994, compared with .24725 for 1993. TRUTH IN TAXATION NOTICES COUNCIL MEETG. PROCEDURES CURRENT WORK PROJECTS The Council received a draft of a pamphlet describing Council meeting procedures. The Council agreed it should be reproduced and made available to the public for informational purposes. The Council received the City Administrator's memo dated October 25, 1993, listing major working projects in which Staff has currently been involved. Mr. Melena advised the Council of a meeting held last week with Apple CLINIC/NURSING Valley Medical Center and Apple Valley Villa concerning maintenance of HOME MEDICAL medical services for nursing home residents. The issues revolve SERVICES around medicare and insurance requirements. State and County officials have also been informed of the issues and communication will be continuing. The Council received information from the past legislative session on SPECIAL SERV. special service districts. Mr. Melena said this legislation will be a DISTRICTS high priority for the AI~, LMO and Municipal Legislative Caucus (MLC) in the next session. Mayor Branning asked that a meeting be set up with local legislators, before the end of the year, to explain the importance of this legislation to the City. Mayor Branning reported on several meetings he has attended recently. One concerned potential uses for Metropolitan Stadium; another was the MLC in Edina; and the Metro East. He has also been on a committee the Zoo has formed to improve communications with legislators. MAYOR'S MEETINGS CITY'S 25TH ANNIVERSARY MVTA PARK AND RIDE LOT Mayor Branning said the committee working on a 25th anniversary cele- bration for the City in 1994 has been meeting. One suggestion is a City-wide open house, in connection with the new Police Facility open house, possibly on January 22, 1994~ Mayor Branning said the MVTA will be purchasing two additional acres next to Christus Victor Ghurch to expand the park and ride lot. It hopes to have the area graded this fall and usable for the winter. He asked City Staff to facilitate the grading work. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1993 Page 6 MOTION: of Erickson, seconded by Ooodwin, to pay the claims and bills, check registers dated October 20, 1993, in the amount of $4,421,376.91; and October 28, 1993, in the amount of $633,326.21. Ayes - 5 - Nays - 0. NORRIS P.C. RESIGNATION ~LOSE MEETING MOTION: of Humphrey, seconded by Sterling, accepting, with regret, the resignation of James Norris from the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, to close the meeting, under the provisions of M.S. 471.705, Subd. la, to consider strategy for labor negotiations with AFSCME Local No. 479. Ayes - 5 - Nays - O. The meeting was closed at 9:12 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Melena, Personnel Director Boland, Michael Bona and Parks & Recreation Director Johnson. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 10:11 p.m. in the Council Chambers at which time City Clerk Mueller was also present. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:12 o'clock p.m.