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HomeMy WebLinkAbout12/22/1992CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22nd, 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, Finance Director Ballenger, Personnel Director Boland, Police Captain Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Sports Arena Manager Pietig, Recreation Supervisor Quale, Police Chief Rivers, Assistant to City Administrator Weldon and Community Development Director Welsch. Mayor Holton 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. A moment of silence was observed in memory of Chrissy Kaspszak, an employee at the Sports Arena, and Julie Hovanes who were killed in a traffic accident on December 18, 1992. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as presented. Ayes - 5 - Nays - 0. APPROVE AGENDA HOLTON FAREWELL PROCLAIM HOLTON RECOGNITION Councilmember Goodwin read a proclamation expressing appreciation to Mayor Holton for his years of service to the City. His term as Mayor will end December 31, 1992. MOTION: of Goodwin, seconded by Erickson, proclaiming December 23, 1992, as William F. "Bill" Holton Recognition Day and extending thanks to him for his years of dedicated service to the City. Ayes - 4 - Nays - 0 (Holton Abstained). Kevin Raun, Director of ALF Ambulance, commented on Mayor Holton's HOLTON ALF service on the ALF Board since the joint service was formed in June APPRECIATION of 1985. He presented a plaque to Mayor Holton in appreciation of his efforts. Leon Orr, Farmington City Councilmember and ALF Board member was also present. Mayor Holton 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 DEG. 10, 1992 MINUTES MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of December 10th, 1992, as written. Ayes 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1992 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-328 accepting, with thanks, the donation of $500.00 to benefit the youth of the community from Barton Sand & Gravel Company. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-329 accepting, with thanks, the donation of $300.00 for the Police Department D.A.R.E. Program from the Apple Valley Lions Club. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-330 declaring the Fire Department's, no longer used, Circul-Air Hose Dryer of no monetary value and authorizing disposing of it by giving it to the Minnesota Air National Guard 133rd Civil Engineering Squadron Fire Department. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of a temporary on-sale liquor license to Beta Sigma Phi-XI Beta Theta by the Minnesota Department of Public Safety for use on February 13, 1993, at the Western Service Center Atrium. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving contracting with Knutson Services, Inc., for rubbish removal at City facilities for 1993 based on its low quotation, with a net monthly cost of $799.15, as described in the City Clerk's memo dated December 18, 1992. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-331 appropriating $800,000 of Municipal State-Aid Street Funds for Project 90-347, C.S.A.H. No. 31 (Pilot Knob Road) identified as S.A.P. No. 186-020-05, and requesting authorization by the State Commissioner of Transportation. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-332 appropriating $200,000 of Municipal State-Aid Street Funds for Project 90-358, C.S.A.H. No. 33 (Diamond Path) identified as S.A.P. No. 186-020-07, and requesting authorization by the State Commissioner of Transportation. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contacting Co. for Project 92-390, Amoco Street and Streetscape Improvements~ in the amount of an additional $4,181.68. Ayes - 5 - Nays - O. RES. 1992-328 YOUTH DONATION RES. 1992-329 DARE DONATION RES. 1992-330 DISPOSE OF FIRE DEPT. HOSE DRYER TEMPORARY LIQUOR LICENSE KNUTSON 1993 RUBBISH SERVICE RES. 1992-331 MSA FUNDING PROJ. 90-347 RES. 1992-332 MSA FUNDING PROJ. 90-358 CHANGE ORDER 2 PROJ. 92-390 CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1992 Page 3 MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-380, 1992 Street Maintenance Program, as final and authorizing final payment on the contract with Valley Paving, Inc., in the amount of $10,819.27. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 92-380 FINAL PAYMENT PROJ. 92-386 FINAL PAYMENT PROJ. 92-390 FINAL PAYMENT PRO J. 92- 398A FINAL PAYMENT PROJ. 92-398B RELEASE SUBDI- VISION BONDS DNR ReLEAF GRANT APPLICATION PUBLIC HEARING PROJ. 92-403 MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-386, Whitney Plaza (Delegard 2nd) Utilities and Streets, as final and authorizing final payment on the contract with Ryan Contracting, Inc., in the amount of $6,918.76. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-390, Amoco Street and Streetscape, as final and authorizing final payment on the contract with McNamara Contracting Go. in the amount of $10,976.97. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-398A, Police Facility Site Grading, as final and authorizing final payment on the contract with DLR Excavating, Inc., in the amount of $1,642.24. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-398B, Police Facility Utility Improvements, as final and authoriz- ing final payment on the contract with Hydrocon, Inc., in the amount of $1,202.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving release of subdivision financial guarantees for Pilot Knob Estates 7th Addition, of $10,000.00; and Pilot Knob Estates 8th Addition, of $28,835.00. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving the application to the Minnesota Department of Natural Resources for a ReLEAF Grant, in the amount of $25,000.00, for continuation of the home energy audit program. Ayes - 5 - Nays ~ O. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:12 p.m. to con- sider Project 92-403, Gardenview Place Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated November 18, 1992, for the townhouse development located at the southeast corner of Garden View Drive and 143rd Street. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:15 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota Decsmber 22, 1992 Page 4 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-333 ordering installation of Project 92-403, Gardenview Place Utility Improvements. Ayes - 5 - Nays - 0. RES. 1992-333 ORDER PROJ. 92-403 RES. 1992-334 TAKE BIDS PROJ. 92-403 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-334 approving plans and specifications for Project 92- 403 and authorizing advertising for bids to be received at 2:00 p.m. on January 21, 1993. Ayes - 5 - Nays - 0. The Council received the Youth Athletic Needs Study Committee Report YOUTH ATHLETIC dated December 1992.. Mr. Johnson said the report was prepared, at the NEEDS S~3DY direction of the Council, to analyze the state of youth sports in the COM. REPORT City. The Committee obtained information on numbers of participants, looked at how facilities are bsing utilized and projected anticipated growth. Tom Swoope, of Valley Athletic Association and a member of the Committee, reviewed how population projections from the City, Metropolitan Council and School District 196 were used by the Committee to make its assumptions. Use projections for ice sports, gym sports and field sports participants were derived by combining this information with past and current participant information. Councilmember Goodwin thanked the Committee for its work which was to give the Council statistical information and not make a recommendation. At this point, he would like to have the Parks & Recreation Advisory Committee use the report as a basis to recommend needed facilities. Mayor Holton concurred and said he believes the numbers cited in the report are valid and a way to measure needs. The City may need to look for additional land for such facilities now. Councilmember Sterling asked how ice sports needs will be impacted by the arena being built in Rosemount? Mr. Johnson said it will help make more ice time available, but will also be used by the High School. The proposed Armory will be an opportunity to add additional gym space. The facility can be expanded and the National Guard will pay for 50 percent of additional gym space. MOTION: of Goodwin, seconded by Humphrey, directing the Parks and Recreation Advisory Committee to use the Youth Athletic Needs Study Committee Report and make a recommendation to the Council on what facilities are needed, a time frame for adding such facilities, the most critical needs for the City to fill and possible alternatives. PARK & REC. COMMITTEE RECOMMENDATION Councilmember Goodwin said he does not want to put a time line on the request, but the Committee should be able to report back in a couple of months. Mr. Johnson said it should he able to be done by spring. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1992 Page 5 MOTION: of Erickson, seconded by Goodwin, authorizing the PURCHASE expenditure of $11,900.00 for four portable scales, with PORTABLE SCALE recharging system and cables, from the 1992 and 1993 Police Department Budgets as described in the Finance Director's memo dated December 17, 1992. Police Captain Erickson said the Department requested portable scales for enforcement of truck traffic traveling through the City. Cedar Avenue and other City Streets appear to have become alternative routes to 1-35W for trucks to avoid the weigh station. The weight of trucks is directly related to wear and tear on roads. Experience in other cities has shown that the cost of the scales is readily recovered by fines and penalties. If an officer believes a truck is overweight, it can be taken to a scale to be weighed. Burnsville has the State Highway Department scales available. Councilmember Erickson asked what the cost is of damage to streets by truck traffic? Mr. Gretz said he would have to research it, but trucks do more damage than car traffic. Councilmember Sterling asked what Eagan does? Captain Erickson said he does not know if Eagan is into weight enforcement. Councilmember Humphrey commented on State enforcement of truck weights including local sand and gravel haulers and cement trucks. He noted that every truck is weighed before it leaves the area, scales are tested, weight tickets are required to be maintained and operators can be fined if they do not comply. Scales are available at Fischer Sand and Gravel which the Police Department could use rather than buying its own. MOTION: of Humphrey, seconded by Sterling, tabling consideration of TABLE MOTION purchasing portable scales for two weeks until questions on FAILED their use are answered. Ayes - 2 (Humphrey and Sterling) Nays - 3 (Holton, Erickson and Goodwin). Motion Failed. Councilmember Sterling asked where the scales would be put? , Captain Erickson said the are carried in a squad car and officers would pick an area where weighing can be done safely. The officers receive specialized training on how to use them. Councilmember Humphrey said there is State and County enforcement of truck weights and he believes it is a waste of money for the City to purchase scales and get into enforcement also. Mr. Sheldon said he has not researched the matter, but believes a truck cannot be stopped and weighed unless there is probable cause. Police Chief Rivers said he was advised that part of the training officers receive shows them how to recognize overweight vehicles which gives them probable cause to make the stop. Vote was taken on the motion. Ayes ~ 3 (Holton, Erickson and Goodwin) - Nays - 2 (Humphrey and Sterling). CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1992 Page 6 Mayor Holton said he requested an amendment to the ALF Ambulance Joint Powers Agreement allowing the cities to make citizen appoint- ments to the Board as alternate members. Ail members must approve any amendment and he was advised that Lakeville has not approved it, but he asked the Council to take action for the record. ALF AMBULANCE AGREEMENT AMENDMENT MOTION: of Erickson, seconded by Goodwin, approving an amendment to paragraph 3 Of the ALF Ambulance Joint Powers Agreement allowing member cities to make citizen appointments to the Board as alternate members. Ayes - 5 - Nays - 0. AMEND ALF J.P. AGREEMENT MOTION of Humphrey, seconded by Erickson, passing Ordinance No. 547 amending City Code Sections 19-71(a) and 19-75 regulating the impoundment of motor vehicles and authorizing impound- ment for motor vehicles involved in driving under the influence offenses. Ayes - 5 - Nays - O. ORDINANCE 547 MOTOR VEHICLE IMPOUNDMENT MOTION: of Sterling, seconded by Goodwin, receiving, for informa- tional purposes, the Summons, Complaint, Notice of Motion and Motion filed in District Oourt by Eleanor C. Petter related to acquisition by the City of 132nd Street right-of- way, west of Pilot Knob Road. Ayes - 5 - Nays - 0. PETTER 132ND STREET ACQUISITION Mr. Melena reviewed information on a proposed industrial equity par- IND. EQUITY ticipation program by which the Economic Development Authority would PARTICIPATION assist small businesses with building costs in return for equity in PROGRAM the building when sold. Enderes Tool Company is such a business that it is suggested this program be offered to. The company is considering reloca- ting to Burnsville whereless expensive vacant industrial space is available. Mayor Holton noted that even if the program is offered, the decision as to proceed would still come back for approval. Councilmember Erickson said he would like to offer the program and make it marginally competitive with Burnsville. MOTION: of Goodwin, seconded by Humphrey, authorizing the Community Development Director to send a letter to Enderes Tools Company offering the availability of an Industrial Equity Participation Program to assist with building costs on a site in the City. Ayes - 5 - Nays - 0. ENDERES TOOL PROGRAM OFFER ADMINISTRATOR VACATION MOTION: of Humphrey, seconded by Erickson, appointing Jeff Weldon as Acting Administrator during the Administrator's vacation leave from December 30, 1992, to January 4, 1993. Ayes - 5 - Nays - 0. Councilmember Goodwin asked when officers can be trained on use of the POLICE SCALE portable scales? Police Chief Rivers said the next class is in USE February or March. Councilmember Goodwin asked to be on record endorsing proceeding with the program as soon as possible. Chief Rivers said there are funds in the training budget and it will be done. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 1992 Page 7 MOTION.: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated December 17, 1992, in the amount of $1,103,008.31; and December 21, 1992, in the amount of $560,215.85. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Holton, seconded by Sterling, to adjourn. Ayes - 5 - Nays ~ 0. The meeting was adjourned at 9:40 o'clock p.m.