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Home My WebLink About11/24/1992CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 24th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin and Sterling. ABSENT: .Mayor Holton and Councilmember Humphrey. 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, City Planner Kelley, Police Chief Rivers and Community Development Director Welsch. Acting Mayor Goodwin called the meeting to order at 8:05 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 presented. Ayes - 3 - Nays - O. APPROVE AGENDA AUDIENCE DISC Acting Mayor Goodwin.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 Erickson, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0o CONSENT AGENDA NOV. 12, 1992 MINUTES RES. 1992-298 ADD DEPOSITORY AMOCO 1992 LICENSES RES. 1992-299 TAKE BIDS PAP. KS TRACTOR CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Erickson, approving the minutes of the regular meeting of November 12th, 1992, as written. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-298 amending Resolution NO. 1992-5 by designating Great Pacific Securities of California as an additional depository. for City funds. Ayes - 3 ~ Nays - O. MOTION: of Sterling, seconded by Erickson, approving issuance of 1992 licenses for a Filling Station and for Cigarette Sales to AGA Management Services at Amoco, 7510 West 147th Street. Ayes - 3 - Nays - Oo MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-299 approving specifications for "One (1) Articulated Bi-Directional Tractor" for the Park Maintenance Department and authorizing advertising for bids to be received at 10:00 a.m. on December 7, 1992. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1992 Page 2 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-300 appropriating $75,000 of Municipal State-Aid Street Funds for Project 91-375, Pathway Construction, on T.H. 77 identified as S.A.P. No. 186-010-01, and requesting authori- zation by the State Commissioner of Transportation. Ayes 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-301 appropriating $175,000 of Municipal State-Aid Street Funds for Project 89-321, Downtown Ring Route, on C.S.A.H. No. 23 and No. 42 identified as S.A.P. No. 18-202- 04, and requesting authorization by the State Commissioner of Transportation. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving release of the $5,800.00 subdivision financial guarantee for Salem Woods. Ayes - 3 - Nays ~ 0. MOTION: of Sterling, seconded by Erickson, approving the revised Administrative Services Agreement with ICMA Retirement Corporation and Trust for administration of the City's 457 retirement plan, account number 1171, and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving an internal grievance procedure for resolving complaints in compliance with U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act, as contained in the Personnel Directorts memo dated November 24, 1992, and directing posting of such notice. Ayes 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving an Agreement for Consulting Services with Public Management Consultants for assistance in connection with the Police Sergeant promotion process and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving DCA's Annual Agreement Flexible Spending Account Fee Schedule for Administrative Services for 1993 and authorizing the Mayor and Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving temporary reassignments of Dean Jacobson, to Fleet Maintenance Acting Foreman, and Michael Glewwe, to Fleet Maintenance Technical Specialist Mechanic, effective November 16, 1992, as contained in the Personnel Report dated November 24, 1992. Ayes - 3 - Nays - 0. RES. 1992-300 MSA FUNDING PROJ. 91-375 RES. 1992-301 MSA FUNDING PROJ. 89-321 SALEM WOODS BOND RELEASE ICMA-RG SERVICES AGREEMENT ADA GRIEVANCE PROCEDURE SGT. PROMOTION CONSULTANT DCA1993 FEE AGREEMENT FLEET MAINTNCE REASSIGNMENTS CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1992 Page 3 MOTION: of Sterling, seconded by Erickson, approving hiring the HIRE PART-TIME part-time and seasonal employees as listed in the Personnel F~PLOYEES Report dated November 24, 1992. Ayes - 3 - Nays - O. END OF CONSENT AGENDA Acting Mayor Goodwin called the public hearing to order at 8:07 p.m. PUBLIC HEARING on Project 92-402, Summerfield Townhomes Utility improvements, and PROJ. 92-402 and noted receipt of the affidavit of publication of the hearing SUMMERFIELD TH notice. Mr. Gordon reviewed the preliminary engineering report for utilities to serve the 23-unit development located at 140th Street and Essex Avenue. Acting Mayor Goodwin asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:10 p.m. Acting Mayor Goodwin stated that action on ordering installation of the project would be held until the next meeting when the full Council can be present. This action requires approval by a vote of four-fifths of the Council. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-302 approving the preliminary plat of Gardenview Place, with 88 units, (replat of Lot 1, Block 1 and Lots 1 and 2, Block 3, Academy Village) and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. RES. 1992-302 PRELIM. PLAT GARDENVIEW PLACE T.H. Mr. Kelley reviewed the report on the proposed Gardenview Place townhome development located east of Garden View Drive at 143rd Street. The Planning Commission recommended approval with modifications indicated on the plans; elimination of driveway access to Garden View Drive and the northernmost Heywood Avenue driveway. Councilmember Sterling asked if the rear of the northernmost buildings should have additional windows? Mr. Kelley said all of those units will have decks and the setbacks will be staggered rather than having a straight wall appearance. Herb Wensmann, the developer, was present and said the grading plan has been revised to try and preserve as many trees as possible. The flat area at the south end of the site will be made available for a play area if the homeowners' association desires. Acting Mayor Goodwin said this site is very close to Hayes Field and Westview Elementary School and may not have the need for open play space that other townhome developments have. Will Branning commented on children playing on berms and retaining walls in the townhome area east of Pilot Knob Road and asked what is planned here? Mr. Kelley said there will not be the same type of berms along Garden View Drive. There will be some two to three-foot high retaining walls at the ends of parking areas. Vote was taken on the motion. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1992 Page 4 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-303 authorizing issuance of building permits for Gardenview Place, 88 townhome units, and attaching condi- tions thereto, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. RES. 1992-303 BLDG. PERMIT GARDENVIEW PLACE T.H. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-304 receiving the preliminary engineering report for Project 92-403, Gardenview Place Utility Improvements, and setting a public hearing on it at 8:00 p.m. on December 22, 1992. Ayes - 3 - Nays ~ 0. RES. 1992-304 SET HEARING PROJ. 92-403 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-305 directing the Engineer to prepare plans and specifications for Project 92-403. Ayes - 3- Nays - O. RES. 1992-305 PLANS & SPECS. PROJ. 92-403 SET HEARING KMART BOND REFINANCING CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, setting a public hearing at 8:00 p.m. on December 10, 1992, to consider issuance of $2,935,000 Industrial Development Revenue Refunding Bonds (Kmart Corporation Project) Series 1992, as requested by Macintosh Realty, Inc. Ayes - 3 - Nays - O. Mr. Melena advised the Council that a nonrefundable fee of $5,000 will be charged for by the City for the refinancing plus legal costs. This is the same fee charged for tax increment financing projects. The Council meeting was recessed at 8:19 p.m. for the purpose of EDA MEETING conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting, the Council meeting reconvened at 8:26 p.m. MOTION: of Sterling, seconded by Erickson, canceling the informal meeting of December 17, 1992. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check registers dated November 18, 1992, in the amount of $7,030,518.62; and November 23, 1992, in the amount of $3,701,892.34. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 8:29 o'clock p.m. CANCEL DEC. 17TH MEETING