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.