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HomeMy WebLinkAbout09/10/1992CITY OFAPPLE VALLEY Dakota County, Minnesota September 10, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 10th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; 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, Administrative Intern Bail, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to City Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:00 p.m. The Gouncilmembers 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 Tom Breiter, Leader of Boy Scout Troop 293, was present and described GOOD NEIGHBOR the troop members experiences in Florida during Hurricane Andrew. AWARDS They were participating in a "high adventure experience" at sea and were ordered back to shore when the storm approached. They were moved to an evacuation center and volunteered to help the Red Cross with other evacuees. Kevin Keegan, one of the troop members, explained how scouting prepared them for assisting others in an emergency situation such as this. Mayor Holton presented "Good Neighbor" certificates to each of the troop members and thanked them for becoming involved and responding to the disaster situation by helping others. The members were: Ryan Andrzejewski, Jared Breiter, Ross Johnson, Matthew Jones, Kevin Keegan, Mike Lorenz, Peter Nelson, Sam Nelson, Evan Osland, Nic Paulus, Jason Rexine, John Stendahl, Matt Winslow and Jason Fortney and adult leaders Tom Breiter and Gary Lorenz. Mayor Holton asked if anyone was present to address the Council at this time on any item not on this meetingfs agenda. No one was present to speak. AUDIENCE DISC. CONSENT AGENDA MOTION: of Goodwin, seconded by Erickson, moving consideration of the minutes of August 27, 1992; bids for Police Firing Range Classroom; Change Order to Project 91-366, Police Firing Range; and medical leave of absence for Thomas Lagace 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 Erickson, adopting Resolution No. 1992-226 approving submission of the City's 1993 Landfill Abatement Funding Application, in the amount of $23,190.00, to Dakota County and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. RES. 1992-226 1993 LANDFILL ABATEMENT APP. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 2 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-227 approving proposed 1993 Special Assessment Rolls No. 316, 317 and 318, in the total amount of $601,298.00, for hearing purposes, and setting a public hearing on them at 8:00 p.m. on October 8, 1992. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-228 approving proposed 1993 Special Assessment Roll No. 319, in the total amount of $8,518.38 for delinquent utility charges, for hearing purposes, and setting a public hearing on it at 8:00 p.m. on October 8, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a contract with Schlegel Auction & Clerking Co. to conduct the annual City auction of surplus and unclaimed property on October 3, 1992, at 10:00 a.m., for a fee of 10 percent of total sales plus advertising costs and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Erickson, approving the sale on August 31, 1992, by Dakota County of Lot 11, Block 2, Forest Point, as tax forfeited property for the sum of $25,000.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a temporary on- sale 3.2 beer license for Apple Valley American Legion Post 1776 for use on September 19, 1992, at Fire Station No. 15000 Hayes Road. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving a Supplementary Agreement to the Subdivision Agreement for Delegard 2nd Addition (Whitney Plaza) extending the completion date for site improvements to September 1, 1993, and authorizing the Mayor and Clerk to sign the sams. Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Eriekson, granting a rearyard setback variance to allow construction of a house addition to within 23 feet of the property line at 15785 Pilot Knob Road as recommended by the Planning Commission. Ayes ~ 5 - Nays 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-229 setting a public hearing at 8:00 p.m. on October 8, 1992, to consider vacating drainage and utility easements on Lots 18, 19 and 20, Block 1, Grandview Manor. Ayes - 5 - Nays ~ 0. RES. 1992-227 SET HEARING ASSMT 316-38 RES. 1992-2~8 SET HEARING ASSMT ROLL 3!9 SGHLEGEL AUCTION CO. AGREEMENT TAX FORFEIT FOREST LEGION TEMP~ BEER LICENSE DELEGARD 2ND SUPPLEMENT;~:Y AGREEMENT VARIANCE 15785 PILOT KNOB ROAD RES. 1992-229 SET HEARIN~ EASEMT. VAC~N CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 3 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-230 awarding the contract for Project 91-373, Fischer 1st Addition Utility and Street Improvements, to Erickson Construction, the iow bidder, in the amount of $296,640.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving release of the subdivision financial guarantee for Radcliff Townhomes and reduction of the guarantee for Valley Meadows to $27,500.00. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving an excavation permit to allow up to 200 cubic yards of fill to be placed on Lot 2, Block 3, Lac Lavon Shores 1st Addition. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-231 approving plans and specifications for Project 92- 398, Police Facility Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on October 1, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with McNamara Contracting for Project 92- 378, Apple Valley Retail 2nd Addition Improvements, in the amount of an additional $2,908.35. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with Inland Utility Construction for Project 92-389, Pilot Knot Estates 9th Addition Utility Improvements, in the amount of an additional $7,455.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, accepting the contract with Imperial Developers for Project 91-366, Police Outdoor Firing Range Construction, as final and authorizing final payment in the amount of $10,359.92. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, accepting the contract with CECA Utilities for Project 92-370, Apple Ponds 3rd and 4th Addition Utility and Street Improvements, as final and authorizing final payment in the amount of $27,129.30. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, accepting the contract with Inland Utility Construction for Project 92-389, Pilot Knob Estates 9th Addition Utility Improvements, as final and authorizing final payment in the amount of $11,107.43. Ayes - 5 - Nays - 0. RES. 1992-230 AWARD CONTRACT PROJ. 91-373 SUBDIVISION BOND REDUCE EXCAVATION PERMIT LAC LAVON SHORES RES. 1992-231 TAKE BIDS PROJ. 92-398 CHANGE ORDER PROJ. 92-378 CHANGE ORDER PROJ. 92-389 FINAL PAYMENT PROJ. 91-366 FINAL PAYMENT PROJ. 92-370 FINAL PAYMENT PROJ. 92-389 CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 4 MOTION: of Goodwin, seconded by Erickson, approving an agreement with Industrial Uniform Company for providing maintenance employee uniforms for a two-year period, based on its proposal dated August 7, 1992, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MAINTENANCE UNIFORM AGREEMENT FIRE DEPT. APPOINTMENT MOTION: of Goodwin, seconded by Erickson, approving appointment of members to the Apple Valley Fire Department, as recommended by the Fire Chief, as follows: Val Hardy, Douglas Syrstad, John Becklin, Gayle Hunter, Shawn Maloney and Thomas Halter. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving hiring the part- time and seasonal employees as listed in the Personnel Director's memo of September 10, 1992. Ayes - 5 - Nays - 0. HIRE SEASONAL EMPLOYEES ACCOUNTTEMP CONTRACT MOTION: of Goodwin, seconded by Erickson, approving contracting with AccountTemps.for a employment of a temporary accounting technician effective August 31, 1992. Ayes - 5 ~ Nays - 0. END OF CONSENT AGENDA MOTION: of Erickson, seconded by Humphrey, approving the minutes of the regular meeting of August 27th, 1992, as corrected on page 4 concerning Fischer 1st Addition sidewalk issues and on page 6 concerning licensing of filling stations. Ayes - 5 - Nays - 0. AUG. 27, MINUTES RES. 1992-232 REJECT BID FIRING RANGE CLASSROOM STAFF FIRING RANGE CLASS. ROOM COMPLET MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-232 rejecting the bid received for the Police Firing Range Classroom Building, as recommended, and authorizing return of the bid deposit. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing a staff team to act as a general contractor and undertake completion of the Police Firing Range Classroom Building as described in Jeff Weldon's memo dated September 8, 1992. Councilmember Humphrey said he is not opposed to the firing range, but he does not believe a classroom building is necessary. Vote was taken on the motion. Ayes - 4 ~ Nays - 1 (Humphrey). MOTION: of Erickson, seconded by Humphrey, approving Change Order No. 4 to the contract with Imperial Developers for Project 91-366, Police Outdoor Firing Range, in the amount of an additional $3,500.00. CHANGE ORDER 4 PROJ. 91-366 CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 5 Councilmember Sterling asked whether this change order was for an additional retaining wall at the range. Mr. Melena said this was an extension of the previously constructed wall. Vote was taken on the motion. Ayes o 5 - Nays - 0. Thomas Lagace asked to be on record concerning the proposal to place LAGACE him on a medical leave of absence. He said he objects to being placed MEDICAL LEAVE on such leave because: his doctor has advised that he can work in a limited capacity; he did not request the leave; once on medical leave, it is entirely controlled by the City; he believes this leave was designed for employees without sick leave available. He was injured on duty and has sick leave available. He asked to continue to be in the status of injured on duty classification. Lynn Boland, Personnel Director, said Mr. Lagace has expressed his preference to be able to request a medical leave rather than it being initiated by the City, however Staff disagrees with his interpretation. He was injured on duty and is being paid under workers' compensation. This will continue through November. Then he will be paid under sick leave through next September. Should a position open for which he is qualified, he would be eligible to return to work. Councilmember Humphrey asked the position of the workers' compensation carrier on this action, Mr. Melena said they have met with Staff and been asked to prepare information on alternatives for closing the claim including an outright settlement, agreement on re-employment, medical retirement, retraining, etc. The intent is to make sure the company follows through. Councilmember Erickson asked why the medical leave is proposed rather than Mr. Lagace being allowed to request it? Ms. Boland said it has become a question of employment status. If he is not on a leave status, where should he be placed. He is being paid under the injury on duty policy now. Mr. Lagace said his objection is that the medical leave status provides that it can be reviewed by the City any time including the possibility of discharge Under the injury on duty section, there is no discharge provision. MOTION: of Goodwin, seconded by Humphrey, approving a medical leave of absence for Janice Regis, for up to one year, as recommended by the Personnel Director, and tabling consideration of a medical leave of absence for Thomas Lagace for information on the classification and workers' compensation options. MEDICAL LEAVE REGIS/ TABLE LAGACE LEAVE Councilmember Erickson said he would like more information on the injury on duty classification and what work in the Police Department Mr. Lagace might be able to do. Mr. Melena said the information could be provided for the Council's informal meeting on September 17, 1992. Vote was taken on the motion. Ayes - 5 - Nays CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 6 Mayor Holton called the public hearing to order at 8:40 p.m. to con- PUBLIC HEARING sider Project 92-397, Safari Pass Utility Improvements, and noted PROJ. 92-3 receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated July 10, 1992, describing utilities for the five-acre Olson property. At this time one house is proposed. When the property is subdivided further improvements would be needed. The property would be served by the City of Eagan trunk sanitary sewer and storm sewer. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:42 p.m. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-233 ordering installation of Project 92-397, Safari Pass Utility Improvements for the Olson Property. Ayes - 5 - Nays - 0~ RES. 1992-233 ORDER PROJECT 92-397 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-234 directing the Engineer to prepare plans and specifications for Project 92~397, Safari Pass Utility Improvements for the Olson Property. Ayes - 5 - Nays - 0. RES. 1992-334 PLANS & SPECS PROJ. 92-397 Mayor Holton called the public hearing to order at 8:53 p.m. to con- PUBLIC H sider installation of underground utility lines along 160th Street UTILITY between Galaxie and Cedar Avenues and noted receipt of the affidavit 160TH STRE of publication of the hearing notice. The Council received a letter dated September 10, 1992, from Rollin Crawford representing Apple Ponds Development Co., owner of the affected property, objecting to the project. Mr. Crawford was present and said they object because this is a major community utility and serves more than the Apple Ponds subdivisions which are proposed to be assessed for the cost. This type of cost should be spread more widely than only abutting lots as is done with other utilities and major streets. They agree it is appropriate that the lines be placed underground, but it is a question of cost and benefit. The Mayor asked for questions or comments from the Council and the public. Mr. Melena recommended that no action be taken at this time. There were no other comments and the hearing was declared closed at 8:59 p.m. MOTION: of Sterling, seconded by Goodwin, tabling consideration of installation of underground utility lines along 160th Street between Galaxie and Cedar Avenue until October 8, 1992. Ayes - 5 - Nays - 0. TABLE 160TH UNDERGROUND UTILITY LINES Mr. Melena reviewed a summary of the major funds in the 1993 proposed 1993 BUDGET budget with revenues of $19,020,184 and expenses of $18,862,023. The & TAX LEVY total tax levy is proposed at $8,433,785, an increase of 0.9 percent. Due to increased market and tax capacity values for the City, there will be no increase in the City's tax rate. The budget hearing will be held December 10, 1992. Following the hearing, the final budget must be adopted and any changes can only reduce the preliminarily adopted budget amount. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 7 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1992-235 approving the proposed 1993 budget, with revenue of $19,020,184 and expenses of $18,862,023, and the tax levy of $7,114,545 for general purposes and $1,319,240 for debt purposes, totalling $8,433,785. Ayes - 5 - Nays - 0. RES. 1992-235 1993 BUDGET TAX LEVY ORDINANCE 543 REZONE PART OF FISCHER 1ST MOTION: of Goodwin, seconded by Sterling, passing Ordinance No. 543 rezoning the approximately east 3 1/2 acres of Fischar 1st Addition from "SC" (sand and gravel mining) to "R-3" (detached single family), as recommended by the Planning Commission. Mr. Melena advised the Council that the sifting plant now on the site can remain there until October 15, 1992. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, denying a variance to allow two additional on-site directional signs and 16 square feet of additional signage for Norwest Bank on Lot 6, Block 1, Bor-Nel, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. DENY NORWEST BANK SIGN VARIANCE Councilmember Goodwin said the Council has been approached by athletic YOUTH ATHLETIC organizations expressing needs for facilities to continue programs NEEDS STUDY~ for youth in the community. He recommended establishment of a special committee to study these needs and make a recommendation to the Council. The committee would be comprised of three representatives from each of the City's standing committees; Parks & Recreation, Planning Commission and Urban Affairs; and four representatives from youth athletic organizations. These groups have developed extensive statistics which need to be coordinated into a recommenda- tion. The Parks and Recreation Department staff would work with the committee. The Council discussed the pros and cons of creating a separate committee or using existing committees. It was noted that JoAnne Ellison, School District 196 Demographer, should be consulted for growth projections as well. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-236 establishing a Youth Athletic Needs Study Committee and appointing the following members: David Gross, Karen Edgeton, Robin Curran, Bernie Dusich, Steve Reischauer, Jeff Krause and Tom Swoope. Further, the committee is charged with making a report to the Council within 100 days for consideration by the Council at its last meeting in December and discussion at its annual goal setting session in January of 1993. Ayes - 5 - Nays - 0. RES. 1992-236 APPOINT YOUTH ATHLETIC NEEDS STUDY COM. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1992 Page 8 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-237 supporting construction of a third lane for traffic on 1-35W, between 1-494 and T.H. 13, and urging the Minnesota Department of Transportation to proceed with its program for such construction in 1993 and 1994. Ayes - 5 - Nays - 0. RES. 1993-237 1-35W THIRD LANE CONST. Mr. Melena reviewed the memo dated September 8, 1992, concerning com- NORDIC WOODS pletion of the berm along T.H. 77 in Nordic Woods 12th Addition. T.H. 77 BEg~._ The subdivision agreement required the berm to be completed by September 1, 1992, but it has not been done. Mr. Sheldon reviewed the proposed resolution of default on the berm/landscaping requirements. He noted the City specifically reserves the right to make a finding of default on any other items as lots develop if that should become an issue. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992~238 declaring that MW Johnson Construction, Inc., is in default on completion of the landscaping plan for Nordic Woods 12th Addition, as detailed in Exhibit C of the subdivision agreement dated July 27, 1989, and providing for cure of such default by performance of the work. Ayes - 5 - Nays - 0. RES. 1992-235 NORDIC WOODS 12TH DEFAULT MOTION: of Erickson, seconded by Goodwin, approving issuance of a subdivision grading permit for Dakota County HRA Cedar Knolls Townhomes, in conformance with the grading plan dated August 31, 1992. Ayes - 5 - Nays - 0. HRA CEDAR KNOLLS T.H. GRADING PERMIT MOTION: of Erickson, seconded by Sterling, approving an Easement Agreement with Apple Valley Family Limited Partnership (Dakota County HRA) agreeing to not allow any building on the northerrmost 25 feet of the City's park and ride site, as described in the memo dated September 8, 1992. HRA CEDAR KNOLLS T.H. EASEMENT AGREEMENT Councilmember Sterling noted that the easement allows the HRA the right construct a berm on the area and asked how it will be maintained? Mr. Melena said the City has approval of what will be planted on the berm and low maintenance landscaping will be used, Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, appointing John Gretz temporary Acting City Administrator during the Administra- tor's absence from the City September 12 to 17, 1992. Ayes - 5 ~ Nays - 0. TEMP. ACTING ADMINISTRATOR Mr. Melena advised the Council that financing on the Apple Valley Ford Addition will not be completed for 60 to 90 days. This will delay construction until next spring. A.V. FORD PLAT CITY OF APPLE VALLEY · Dakota County, Minnesota September 10, 1992 Page 9 The Council received a tentative agenda for its informal meeting scheduled for September 17, 1992. It was noted that Councilmembers Goodwin and Humphrey may not be able to attend and it may be necessary to cancel or reschedule the meeting. NEXT INFORMAL MEETING CLAIMS & BILLS. MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check register dated September 2, 1992, in the amount of $4,242,742.77; and check register dated September 9, 1992, in the amount of $4,315,339.78. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:01 o'clock p.m.