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HomeMy WebLinkAbout12/20/1994CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 20th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Gouncilmembers Erickson, Humphrey and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Fire Ghief Calvin, Police Captain Cook, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, 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 Humphrey, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA HOLIDAY LIGHT AWARDS AUDIENCE DISC. Mayor Branntng commented on the Holiday Lighting prizes awarded at a reception earlier tonight. He thanked the 25th Anniversary Committee for sponsoring the event and encouraged everyone to tour the City and view the lighting displays. 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 Sterling, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA DEG. 8, 1994 MINUTES DEC. 15, 1994 MINUTES MOTION: CONSENT AGENDA ITEMS of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of December 8th, 1994, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the minutes of the special meeting of December 15th, 1994, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the minutes of the budget hearing of December 15th, 1994, as written. Ayes - 4 - Nays - 0. DEC. 15, 1994 BUD. HEARING MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-368 accepting, with thanks, the donation of $500.00 to benefit the youth of the community from Barton Sand & Gravel Co. Ayes - 4 - Nays - 0. RES. 1994-368 BARTON S & G DONATION CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 1994 Page 2 MOTION MOTION MOTION MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-369 accepting, with thanks, the donation of a Christmas tree for the senior citizens' program from Target Greatland. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, approving an agreement with William Velin, of Rothschild, Bell & Walseth, Inc., for insurance agent services, on a fee-for-service basis, for one year, at a minimum fee of $4,500.00 and maximum fee of $7,500.00. Ayes - 3 - Nays - 0 (Humphrey Abstained). of Sterling, seconded by Humphrey, adopting Resolution No. 1994-370 setting a public hearing on Special Assessment Rolls 353, 354 and 355, totaling $1,329,762.00, at 8:00 p.m., on January 12, 1995. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-371 amending certain fees for returned checks, GIS maps, and police and fire services, as listed in the resolution, effective January 1, 1995. Ayes - 4 - Nays ~ O. of Sterling, seconded by Humphrey, adopting Resolutions No. 1994-372, setting Sports Arena fees for 1995-1996; and No. 1994-373, setting Golf Course greens fees for 1995, as listed in the resolutions. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-374 amending the storm water drainage utility rate.from $3.00 to $3.95 per residential equivalent for 1995. Ayes - 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-375 amending the street lighting system rates, as listed in the resolution, effective January 1, 1995. Ayes 4 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-376 writing off uncollectible checks, totaling $3,353.06, and uncollectible accounts receivable, totaling $11,400.66, against operations of various funds. Ayes - 4 Nays - 0. of Sterling, seconded by Humphrey, approving contracting with Knutson Services, Inc., for 1995 rubbish removal at City facilities, based on its low quotation of $1,016.68 per month. Ayes - 4 - Nays - 0. RES. 1994-369 TARGET TREE DONATION INSURANCE AGENT 1995 AGREEMENT RES. 1994-370 ASSMT 353-355 SET HEARING RES. 1994-371 AMEND FEES RES. 19; & 1994-~ ~ ICE ~ GOLF ~3~gS RES. 1994-374 1995 STORM WATER RATE RES. 1994-375 1995 STREET LIGHT RATE RES. 1994-376 WRITE OFF NSF CHECKS & A/R 1995 RUBBISH SERVICE CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 1994 Page 3 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. '1994-377 approving specifications for a digital dictation system for the police facility and authorizing advertising for proposals to be received at 2:00 p.m. on January 17, 1995. Ayes - 4 - Nays - 0. RES. 1994-377 DIGITAL DICTA- TION PROPOSALS RES. 1994-378 AVSURACRES FINAL PLAT DECK VARIANCE HYLAND POINTE SHORES FISCHER/ WYNDEMERE WELL PURCHASE MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-378 approving the final plat and subdivision agreement for Avsur Acres and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, granting a sideyard setback variance to allow .construction of a.deck encroaching onto Outlot C, Hyland Pointe Shores, from Lot 46, Block 1, Hyland Pointe Shores, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving a Purchase Agreement with Fischer Sand & Aggregate for well on Outlot A, Wyndemere, for $45,900, as described in the Public Works Director's memo dated December 16, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes'- 4 - Nays - 0. MOTION: MOTION: of Sterling, seconded by Humphrey, approving the request of LAC LAVON Jamieson Bergen for special permission to operate a VEHICLE motorized vehicle on Lac Lavon between January 15 and PERMIT February 15, 1995, to correct an erosion problem, with conditions as described in the Parks & Recreation Director's memo dated December 15, 1994. Ayes - 4 -Nays - 0. of Sterling, seconded by Humphrey, approving hiring the ~R~SEASONA~ seasonal employees as listed in the Personnel Report dated EMPLOYEES December 20, 1994. Ayes - 4 - NayS'- 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-379 approving the 1994 tax levy collectible in 1995 in the net amount of $6,451,026, which results in a one percent tax rate increase. RES. 1994-379 1995 TAX LEVY Councilmember Sterling said she was opposed to any tax rate increase when the budget was preliminarily approved in September and is still opposed to an increase. Councilmember Erickson said he will support the levy to include the street overlay program and additional police officers and will not vote to spend funds on contingency items until these have been instituted. Mr. Gretz said these two items have been blended into the department budgets which will be presented as the next agenda item. CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 1994 Page 4 Mayor Branning commented on the balanced budget presented for consideration. He noted there has not been a tax rate increase since 1989. Vote was taken on the motion. Ayes - 3 - Nays ~ 1 (Sterling). Mr. Ballenger.reviewed a revised summary of the 1995 budget. Revenues were reduced to reflect an estimated decrease in building permit fees and lower arena revenue due to not building the second ice sheet. 1995 BUDGET Councilmember Sterling asked about the additional police officer positions shown in the preliminary budget. Mr. Gretz said dollars for the positions have been retained but the positions may be either sworn officers or civilian and will be brought back for approval. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-380 approving the 1995 Budget with total revenues of $22,144,690 and expenditures of $21,625,507. Ayes - 4 - Nays - 0. RES. 1994-380 1995 BUDGET MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-381 setting 1995 sanitary sewer rates at $1.28 per thousand gallons and water rates at $.75 per thousand for the first 100,000 gallons and $1.03 per thousand thereafter. RES. 19~-381 1995 S~ WATER Mayor Branning asked that Burnsville's and Eagan's sanitary sewer rates be reviewed to determine if charges for the portions of Apple Valley being served by those cities are equitable in comparison to overall rates or if further adjustment is needed. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission report on the request for FENCE HEIGHT a variance to construct a 12-foot high chain link fence on Lot 10, VARIANCE Block 2, Cobblestones I (8790 West 135th Street). The fence would extend 24 feet along the south side lot line and 24 feet along the rear at a setback of 21 feet from the lot line. There is a 30-foot private golf course easement across the back of the lot and the fence would encroach nine'feet into the easement. The homeowner wants to install the fence to protect the property from golf balls. The golf course owner objects to the chain link fence and suggested they use a barrier net instead. MOTION: of Sterling, seconded by Humphrey, granting a variance to allow construction of a 12-foot high fence on the southwest corner of Lot 10, Block 2, Cobblestones I, subject to any easement agreements between the property owner and Apple Valley Golf Course, as recommended by the Planning Commission. FENCE VARIANCE COBBLESTONES I CITY OF APPLE V~J~LEY Dakota County, Minnesota December 20, 1994 Page 5 Councilmember Sterling questioned ownership of the easement area. Mr. Dougherty said in an easement situation, the property may be owned by one party but the easement controls what can be done with it. Joel Watrud, the golf course owner, was present and said the easement was drawn up in 1974. .Kim Reagan, the property owner, said they have looked at barrier netting, as suggested, and the manufacturer will not guarantee it because of closeness to the tee. The fence would be very close to the house if installed along the easement line. By locating the fence into the easement, along the tree line, it would be less visible and would align with a fence already on the lot to the south. Mr. Watrud said the neighbor to the north objects to a shiny chain link fence that will obstruct the view. He commented on use of barrier netting and said he would agree to a wooden fence with barrier netting on top. MOTION: of Humphrey, seconded by Branning, tabling consideration of TABLE FENCE a fence height variance for Lot 10, Block 2, Cobblestones I, VARIANCE for 30 days to allow the property owner and golf course owner to consult with City Staff on fence alternatives. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the City Attorney's memo dated December 16, 1994, ADULT ENTER- concerning a proposed ordinance establishing an interim moratori.um on TAINMENT ORD. any type of new adult entertainment facilities and gave the first read- FIRST READING lng of the ordinance. It would add Section 17-12 to the City Code and place a one-year moratorium on siting adult use establishments within any zoning district to allow time to study zoning and licensing regulations. The Council accepted the first reading and the ordinance will be brought back for the second reading on January 12, 1995. The Personnel Director gave the second reading of an ordinance revis- PERSONNEL ORD. lng Chapter 16, Personnel, qf the City Code. She reviewed th~ items A~MF~N~ proposed to be amended as detailed in her memo dated December 20, 1994. S~~ She also reviewed the implementation procedures as outlined in the memo. MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 589 amending Chapter 16, Personnel, of the City Code by making various revisions including minimum call back for non-union employees, temporary duty assignment policy, annual leave provision, and maximum dollar amount on tuition reimburse- ment; and approving the implementation procedures contained in the Personnel Director's memo dated December 20, 1994. Ayes - 4 - Nays - 0. ORDINANCE 589 PERSONNEL REVISIONS The Council received Police Captain Cook's memo dated December 2, 1994, TRAFFIC DIR. as the second reading of a proposed ordinance adding Section 19-4 to ORDINANCE the City Code, authorizing various persons to direct traffic. SECOND READING CITY OF APPLE VALLEY Dakota County, Minnesota December 20, 1994 Page 6 MOTION: of Humphrey, seconded by Sterling, passing Ordinance No. 590 adding Section 19-4 to the City Code authorizing various persons to direct traffic including police, fire and maintenance department employees, as directed by the Police Chief. Ayes - 4 - Nays - 0. ORDINANCE 590 TRAFFIC DIRECTION MOTION: of Humphrey, seconded by Sterling, designating Mayor Branning as the City's representative and Randy Johnson as alternate to participate in School District 196's focus group process to review its mission statement as requested in its letter dated December 14, 1994. Ayes - 4 - Nays - O. SCHOOL DIST. FOCUS GROUP REPRESENTATIV~ MOTION: of Sterling, seconded by Humphrey, setting a special meeting at 12:00 noon, on December 29, 1994, to consider end of the year business. Ayes - 4 - Nays - O. SET SPECIAL MEETING MOTION: of Erickson, seconded by Sterling, setting a special meeting at 7:00 p.m., on January 3, 1995, for oaths of office and organizational business; and setting the 1995 meeting schedule as listed in the City Clerk's memo dated December 16, 1994. Ayes - 4 - Nays - 0. SET 1995 MEETINGS MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-382 appointing Paul T. Oberg to fill the vacancy on the Planning Commission for a term expiring March 1, 1995. Ayes - 4 - Nays - O. RES. OBERG P.C. APPOINTMENT MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, check registers dated December 15, 1994, in the amount of $14,104,746.41; and December 20, 1994, in the amount of $695,847.98. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, to adjourn. Ayes - 4 ~ Nays - 0. The meeting was adjourned at 9:07 o~clock p.m.