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HomeMy WebLinkAbout12/08/1994CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1994 Minutes of the regular meeting of the Gtty Council of Apple Valley, Dakota County, Minnesota, held December 8th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erlckson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Cordon, Finance Director Ballenger, Personnel Director Boland, Fire Chief Galvin, Fire Relief Association President Canfield, Community Development Director Kelley, Planning Intern Kragness, Public Works Director Miranowski, and Police Chief Willow. 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 Sterling, seconded by Goodwtn, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA Mayor Branning 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 Sterling, adding installation of stqp signs to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of November 22nd, 1994, as written. Ayes - 5 - Nays - 0. NOV. 22, 1994 MINUTES MOTION: of Humphrey, seconded by Sterling, adopting Rgsolution No. 1994-354 accepting, with thanks, the donation of a Lighted flag pole for Eastvtew Athletic Complex from American Legion Post 1776. Ayes - 5 - Nays - 0. RES. 1994-354 EASTVIEW 6-ONAT~ON_. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-355 approving amendments to Article VI of the Bylaws of the Apple Valley Fireftghters' Relief Association, as approved by the membership on October 9, 1994, related to pension benefits. Ayes - 5 - Nays - O. RES. 1994-355 FIRE RELIEF BYLAWS AMEND, CEDARWICK BOND REDUCTION MOTION: of Humphrey, seconded by Sterling, reducing the subdivision financial guarantee for Gedarwtck from $125,700 to $89,700. Ayes - 5 - Nays - 0. CITYOF APPLE VALLEY Dakota County, Minnesota December 8, 1994 Page 2 MOTION: of Humphrey, seconded by Sterling, approving reallocation of -special assessments for Project 94-440, 140th Street Recon- struction, to the remaining unplatted portions of parcels 01-02700-010-01 and 01-02700-010-02 owned by Fischer Sand & Aggregate Co., as described in the City Clerk's memo dated December 5, 1994. Ayes - 5 - Nays - 0. 140TH STREET ASSESSMENT ALLOCATIONS MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 3 to the contract with Fischer Sand & Aggregate for Project 94-440, 140th Street Reconstruction, in the amount of an additional $142,501.50. Ayes - 5 - Nays - O. CHANGE ORDER 3 PROJ, 94-440 MOTION: of Humphrey, seconded by Sterling, accepting Project 94-444, Enderes Tools Improvements, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $69,947.58. Ayes - 5 - Nays - 0. FINAL PAS~ENT PROJ, 94-444 MOTION: of Humphrey, seconded by Sterling, accepting various contracts for Police Facility construction as final and authorizing final payment as listed in the Personnel Dir- ector's memo dated December 8, 1994. Ayes - 5 N Nays - 0. FINAL PAYMENT POLICE STN. CONSTRUCTION MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-356 giving 30 days notice of the City's withdrawal from Minnesota Police Recruitment Services Joint Powers membership. Ayes - 5 - Nays - 0. RES. it MPRS WIT~ .~DRAW MOTION: of Humphrey, seconded by Sterling, approving extension of Thomas Lagace's medical leave of absence, effective November 29, 1994, as described in the Personnel Report dated December 8, 1994. Ayes - 5 - Nays - 0. LAGACE LEAVE OF ABSENC~ MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. RES. 1994-357' 1994-357 ordering installation of various stop signs. STOP SIi ~' Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branntng called the public hearing to order at 8:10 p.m. to con- PUBLIC NEA~ING sider renewal applications for on-sale liquor, wine and beer licenses LIQUOR LICENSE for 1995 and noted receipt of the affidavit of publication of the RENEWALS hearing notice. The Council received the Police Chief's report on the applications. It was noted that issuance is subject to receiving necessary bond and insurance documents by December 15, 1994. Draft resolutions have been prepared for the on-sale liquor and wine license renewals. On-sale beer licenses can be approved by motion. The applicants are as follows: CITY OF APPLE VALLEY Dakota County, Minneseta December 8, 1994 Page 3 On-sale intoxicating liquor & special license for Sunday liquor sales - 1. Rich Mgr., Inc., d/b/a Apple Place, at 14917 'Garrett Avenue; 2. H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, at 7721 West 147th Street; 3. Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, at 7543 West 147th Street; 4. Lancer Food Service, Inc., at the Minnesota Zoological Garden. Club on-sale intoxicating liquor & special license for Sunday liquor sales - 1. Apple Valley American Legion Post 1776, at 14521 Granada Drtve. On-sale wine license - 1. C.I.A.O., Inc., d/b/a Broadway Station, at 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, at 7534 West 149th Street: 3. VIGORP Restaurants, Inc., d/b/a Bakers Square, at 15200 Cedar Avenue. On-sale nonintoxicating malt liquor or beer - 1. C.I.A.O., Inc., d/b/a Broadway Station, at 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, at 7534 West 149th Street; 3. Pizza Huts of the Northwest, Inc., at 7666 West 149th Street; 4. VIGORP Restaurants, Inc., d/b/a Bakers Square, at 15200 Cedar Avenue; 5. City of Apple Valley, d/b/a ~alleywood Golf Course, at 4851 West 125th Street. The Mayor asked for questions or eomments from the Council and the audience. There were none and the hearing was declared closed at 8:11 p.m. MOTION: MOTION: of Humphrey, seconded by Sterling, approving renewal for 1995 of on-sale licenses by adopting Resolutions No. 1994- 358 for Rich Mgr., Inc., d/b/a Apple Place; No. 1994-359 for H.O.C., Inc., d/b/a Rascals; No. 1994-360 for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; No. 1994-361 for Lancer Food Service, Inc.; Ne. 1994-362 for Apple Valley American Legion Post 1776; No. 1994-363 for C.I.A.O., Inc., d/b/a Broadway Station; No. 1994-364 for Jade Island Chinese Cuisine, Inc., d/b/a Jade Island; No. 1994-365 for Bakers Square Restaurant; and approving on-sale beer licenses as listed in the City Clerk's memo dated December 5, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving renewal of the six off-sale 3.2 beer licenses for the year 1995 ae listed in the City Clerk's memo dated December 5, 1994. Ayes - 5 - Nays - 0. RES. 1994-358 TO 365 ON-SALE LIQUOR, WINE & BEER LICENSES RENEW OFF-SkLE BEER LICENSES MOTION: of Sterling, seconded by Goodwin, approving the Purchase Agreement to sell approximately two acres at the southweet corner of 140th Street and Johnny Cake Ridge Road to Dakota Electric Association, for $33,250.50, and authorizing the Mayor and Clerk to sign the same. DY P~C~SE AGRE~ENT CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1994 Page 4 Councilmember Goodwin noted there.are a number of trees shown on the site map amd he asked that as many trees as possible be saved. Mayor Branning asked if this agreement approves a site plan also? It was noted this is a purchase agreement only. Subdivision of the site will be proceeding through the Planning Commission and come before the Council in the future. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded By Goodwin, approving the Driveway Easement for Dakota Electric Association, giving access to the site on the southwest corner of 140th Street and Johnny Cake Ridge Road from Johnny Cake Ridge Road across City property, and authorizing the Mayor and Clerk to sign the same. Ayes-- 5 - Nays o 0. PEA DRIVEWAY EASEMENT MOTION: of Sterling, seconded by Goodwin, setting a public hearing before the Planning Commission, on January 4, 1995, at 7:00 p.m. to consider subdivision of property at the southwest corner of 140th Street and Johnny Cake Ridge Road, as described in the Community Development Director's memo dated December 8, 1994. Ayes - 5 - Nays - 0. SET DEA SITE SUBDIVISION PUBLIC HEARIN~ The Personnel Director gave the first reading of an ordinance revi~ing Chapter 16, Personnel, of the City Code. She reviewed the items pro- posed to be amended as detailed in her memo dated December 8, 1994. P aSON : AMENDM~ FIRST READING Councilm~mber Sterling asked if the ordinance covers all employees? Ms. Boland said to some extent it does, except where union contracts have some other provisions. For example, annual leave would be covered in a contract but tuition reimbursement is covered by the ordinance. The Council accepted the first reading and the ordinance will be brought back for the second reading at the next meeting. The Police Chief gave the first reading of an ordinance adding Section TRAFFIC DIR. 19-4 to the City Code. The ordinance specifies personnel authorized ORDINANCE to direct traffic, including employees of the Police, Fire and Main- ~ tenance Departments. The Gouncil accepted the first read and the ordinance will be brought back for the second reading at the next meeting. Mr. Gretz gave a status report on the interactive multimedia public KIOSK STATUS information kiosks being developed for the Glty as described in the REPORT memo dated December 5, 1994. A demonstration of the information and style of subject screens prepared thus far was available on a computer screen in the lobby. No action is needed by the Council at this time; the item was presented for information only. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 1994 Page 5 Councilmember Erickson said information on the sewer interceptor PROJ. 94-426 project was received at the last meeting and discussed at an informal SEWER meeting with the Planning Commission on November 30, 1994. The storm INTERCEPTORS sewer portion was authorized November 22, 1994, and he understood the sanitary sewer portion was to be back for Council consideration at this meeting. The Planning Commission voted unanimously to approve it December 7, 1994. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-~66 directing the City Engineer to prepare plans and specifications for the sanitary sewer portion of Project 94- 426, Sewer Interceptor Improvements, in conjunction with the storm sewer portions authorized November 22, 1994. RES. 1994-366 PROJ. 94-426 PLANS & SPECS. Mayor Branning expressed about considering this item without having it on the agenda. He asked that in the future any items added to the regular agenda be done so by a separate motion and second. He said he is opposed to paying for installing the sanitary sewer trunk now when it will not be used for many years. Vote was taken on the motion. Ayes ~ 4 - Nays - 1 (Branning). MOTION: of Humphrey, seconded by Goodwin, setting a special meeting at 6:50 p.m., on December 15, 1994, to consider the sale of equipment certificates. Ayes - 5 - Nays - 0. SET SPECIAL MEETING PLANNING COM. VACANCY The Council noted, as a reminder, that vacancy remains on the Planning Gommission due to the resignation of Jeannine Churchill. They asked for a list of current applicants to be distributed. The Council discussed information and issues addressed at the National NLC ANNUAL League of Cities annual conference held in Minneapolis last week. CONFERENCE Mayor Branntng advised the Council that the Dakota County League of Governments will be hosting a meeting at the County Western Service Center on January 12, 1995, from 7:00 to 9:30 a.m. DCLG MEETING HOLIDAY LIGHT AWARDS The Mayor noted that the 25th Anniversary Committee will award prizes for the holiday lighting competition and hold a recognition reception on December 20, 1994, at 7:30 p.m. at City Hall. Mayor Branntng said the MVTA has been using all the available parking MVTA REPORT spaces at Grace Lutheran Church for its park and ride facility. It is contacting Apple Valley Square Shopping Center about using 50 additional spaces. MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated November 30, 1994, in the amount of $4,854,858.90; and December 8, 1994, in the amount of $554,935.57. Ayes - 5 - Nays - 0. CLAIMS ~ BILLS MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:53 o'clock p.m.