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HomeMy WebLinkAbout02/28/1991CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 28th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Cordon, Administrative Intern Asselanis, Finance Director Ballenger, Planning Intern Benson, Public Works Director Gretz, Associate Flanner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton 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 Goodwin, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA NAME BARBARA SAVANICK TRAIL AUDIENCE DISCN. CONSENT AGENDA FEB. 14, 1991 MINUTES FEB. 21, 1991 MINUTES RES. 1991-40 LEGION DONATION TO D.A.R.E. MOTION: of Sterling, seconded by Humphrey, naming the trail which runs from Farquar Park, on the north, to Diamond Path, on the south, in memory of Councilmember Barbara Savanick, recognizing her strong support for pedestrian systems, and authorizing installation of signage so marking the trail. Ayes - 4 - Nays - 0. Mayor Holton asked if any one 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 Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, Seconded by Humphrey, approving the minutes of the regular meeting of February 14th, 1991, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of February 21st, 1991, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-40 accepting, with thanks, the donation of $1,000 to the Police Department's D.A.R.E. program from Apple Valley American Legion Post 1776. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1991 Page 2 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-41 authorizing transfer of part of Lot 1, Block 1, Apple Valley Commercial Addition (old First Federal property) to the Apple Valley Economic Development Authority, for the purchase price of $265,000, contingent upon removal of the structure from the property. Ayes - 4 - Nays - 0. RES. 1991-41 TRANSFER FIRST FEDERAL PROPERTY TO EDA ZOO ON-SALE LIOUOR LICENSES MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of temporary on-sale liquor licenses by the Minnesota Department of Public Safety to the Minnesota Zoological Garden for after hours functions on April 16, May 10, September 12 and October 5, 1991. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving a 1991 on-sale WATRUD GOLF 3.2 beer license for Watrud's Apple Valley Golf Course. Ayes ..BEER LICENSE - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving a Settlement Agreement and Mutual Release with International Office Systems, Inc., for termination of maintenance agreements in exchange for payment of $3,500.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. IOS SETTLEMENT AGREEMENT & MUTUAL RELEASE MOTION: of Goodwin, seconded by Humphrey, approving a contract with Schlegel Auction Co. to conduct an auction for the sale of miscellaneous City property on April 20, 1991, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-42 approving specifications for leasing golf cars at Valleywood Golf Course for the 1991 season and authorizing advertising for bids to be received at 2:00 p.m. on March 19, 1991. Ayes - 4 - Nays - 0. SCHLEGEL CITY AUCTION RES. 1991-42 TAKE BIDS GOLF CAR LEASE MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-43 approving plans and specifications for Project 91- 366, Police Outdoor Firing Range, and authorizing advertising for bids to be received at 2:00 p.m. on April 2, 1991. Ayes - 4 - Nays - 0. RES. 1991-43 TAKE BIDS FIRING RANGE MOTION: of Goodwin, seconded by Humphrey, authorizing purchase of mineral rights on Valleywood Golf Course from Farm Credit Bank of St. Paul for approximately $1,000 as described in the City Attorney's letter dated February 4, 1991. Ayes - 4 - Nays - 0. PURCHASE VALLEYWOOD MINERAL RIGHTS CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1991 Page 3 MOTION: of Goodwin, seconded by Humphrey, setting the 1991 open swim fee at Redwood outdoor pool at $1.50 per session and adopting Resolution No. 1991-44 approving the 1991 fee schedule for Valleywood Golf Course as shown in Exhibit A. Ayes - 4 - Nays - 0. SWIM FEE & RES. 1991-44 VALLEYWOOD FEES HIRE SEASONAL EMPLOYEE MOTION: of Goodwin, seconded by Humphrey, approving hiring the seasonal employee as listed in the Personnel Director's memo dated February 28, 1991. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:10 p.m. on PUBLIC HEARING Project 88~296, South Suburban Evangelical Free Church Storm Sewer PROJ. 88-296 Improvements and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the engineering report and noted that easements from Lots 5, 6 and 7, Block 1, Sunshine Estates, are needed to connect the line to 125th Street. He is meeting with these property owners on March 4, 1991. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:12 p.m. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-45 ordering installation of Project 88-296, South Suburban Evangelical Free Church Storm Sewer Improvements, subject to acquisition of easements and payment of same by the Church. Ayes - 4 - Nays - 0. RES. 1991-45 ORDER PROJECT 88-296 RES. 1991-46 PREPARE PLANS PROJ. 88-296 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-46 directing the Engineer to prepare plans and specifications for Project 88-296 contingent upon acquisition of the necessary easements. Ayes - 4 - Nays - 0. Mayor Holton called the public hearing to order at 8:13 p.m. on PUBLIC HEARING Project 90-361, Traffic Signal on 153rd Street at the Target/Cub PROJ. 90-361 Entrance, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the engineering report and said the cost is proposed to be assessed equally to property on the north and south sides of the street. Councilmember Sterling asked if there will be turning lanes at the intersection? Mr. Gordon said yes and the signal will have a green arrow and allow left turns on green also. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:15 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-47 ordering installation of Project 90-361, Traffic Signal on 153rd Street at Target/Cub Entrance. Ayes - 4 Nays - 0. RES. 1991-47 ORDER PROJECT 90-361 CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1991 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-48 directing the Engineer to prepare plans and specifications for Project 90-361. Ayes - 4 - Nays - 0. RES. 1991-48 PREPARE PLANS PROJ, 88-296 Mayor Holton called the public hearing to order at 8:16 p.m. on PUBLIC HEARING Project 91-364, Downtown Parking Lots Lighting, and noted receipt of PROJ. 91-364 the affidavit of publication of the hearing notice. Mr. Melena said three of the property owners have contacted the City and asked to be removed from the project. Lot 1, Block 4, Valley Commercial Park 1st Addition is the only remaining property for which the improvements are being considered and that property owner has asked for additional time to review the project. Mr. Gordon reviewed the engineering report and said it would involve installation of seven lights. Brad Johnson, owner of Lot 1, Block 4, Valley Commercial Park 1st Addition, was present and said they would make a decision within two weeks on whether to proceed. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. Further consideration of the project will be scheduled for March 14, 1991. The Council received the memo dated February 28, 1991, concerning EATON MOBILE Eaton's Mobile Home Park annual permit review. Mr. Welsch noted ~OME PARK that a letter dated February 27, 1991, from Bradlee Karan, Eaton Park's attorney, was received requesting more time to review the matter. Mr. Karan was present and said they did not receive notice that this would be considered by the Council until yesterday and are unprepared to respond. He asked for a delay to enable them to meet with City Staff and the City Attorney. Mr. Welsch said City Staff has met with representatives of the management company for Eaton's Park over the past year. The permit application was received in January and he believed the issues were ready to be addressed. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of Eaton's Mobile Home Park annual permit review until March 14, 1991. Ayes - 4 - Nays - 0. TABLE EATON PARK PERMIT Councilmember Humphrey left the meeting at this time, 8:22 p.m. Mr. Melena reviewed his memo dated February 25, 1991, recommending 1991 CITY an insurance package for the City for 1991 based on bids received. INSURANCE He recommended accepting the League of Minnesota Gities Insurance Trust (LMCIT) program of a $10,000 deductible with a $50,000 stop loss; excess liability of $2,000,000; excess liquor liability of $2,000,000; and guaranteed rate workers' comp. He also recommended establishing a risk management fund with this year's savings over the budgeted amount, approximately $162,000. Mayor Holton expressed concern about potential losses of $50,000 under the LMCIT plan versus the CNA plan. Mark Kampf, of Morrisey & Associates, distributed revised information on the CNA plan. He explained cost savings possible under the CNA plan with a factor for estimated dividends and commented on aspects of the CNA proposal which he believes are better than the LMCIT proposal. CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1991 Page 5 Bill Velin, of Professional Insurance Associates, commented on the LMCIT plan which was created by the League of Minnesota Cities specifically for municipalities in the state. Councilmember Goodwin asked Mark Flaten, of American Risk Services, the City's consultant, for his recommendation. Mr. Flaten said the LMCIT plan best matches a self-insurance philosophy. It is a better fit for municipal coverage and does its best to make sure cities have the kind of insurance coverage they need. Mayor Holton said with either plan the City will have savings, over the amount budgeted, to put into a risk management fund. He prefers the CNA proposal. Councilmember Sterling asked what might happen with premiums next year? Mr. Flaten said LMCIT has had good experience in keeping the cost down. CNA submitted a very good proposal this year, however, it is a soft insurance market now. It is difficult to predict next year's premiums. The LMCIT price will be determined by the City's experience this year and the group as a whole. It has paid dividends in past years. The City will also have more involvement in settling claims. General Adjustment Bureau is employed to handle claims and make recommendations on settlement, payment or denial of claims. The City does not pay money under the deductible until the LMCIT does. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 199t-49 awarding the 1991 City insurance package to the League of Minnesota Cities Insurance Trust for its program of a $10,000 deductible with a $50,000 stop loss; excess liability of $2,000,000; excess liquor liability of $2,000,000; and guaranteed rate workers' compensation coverage, as bid with fixed premium costs of $416,221.00 and accepting the Administrator's recommendation to establish a risk management fund with the savings. Ayes - 3 - Nays - 0. RES. 1991-49 AWARD INSURANCE LMCIT PROGRAM Councilmember Humphrey returned to the meeting at this time, 9:17 p.m. MOTION: of Humphrey, seconded by Sterling, passing Ordinance No. 504 amending Chapter 6 of the City Code by prohibiting permanent or temporary advertising or billboard signs in the City. Ayes - 4 - Nays - 0. ORDINANCE 504 PROHIBIT BILLBOARDS RES. 1991-50 AMEND STORM SEWER RATES PARK DEDICATION EXPENDITURES MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-50 amending the monthly storm sewer utility rates, effective April 1, 1991, by setting the residential equivalent at $2.75 with corresponding per acre rates for other properties at $20.20 for apartments, $5.50 for schools, $7.45 for churches and $21.85 for commercial/industrial. Ayes - 4 - Nays - 0. Mr. Johnson reviewed his memo dated February 25, 1991, requesting authorization for expenditure of park dedication funds. One item not included in the request is exercising the option to purchase park CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 1991 Page 6 property in the Apple Ponds area. Depending on the rate of development, it may need to be acquired this fail or next year. The request includes funds to move the old First Federal building to Valleywood Golf Course scheduled for March 3rd. MOTION: of Humphrey, seconded by Sterling, authorizing expenditure of $90,000 of Park Dedication funds for improvements in 1991 as recommended by the Parks & Recreation Advisory Committee. Ayes - 4 - Nays - 0. AUTHORIZE 1991 PARK DEDICATION EXPENDITURES The Council recessed its regular meeting at 9:37 p.m. to conduct an Economic Development Authority meeting. The regular meeting reconvened at 9:45 p.m. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-51 appointing Jeannine Churchill to fill the vacant position on the Planning Commission for a term expiring March 1, 1992. Ayes ~ 4 - Nays - 0. RES. 1991-51 P.C. APPOINTMENT CHURCHILL MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1991-52 reappointing Alan Felkner and Marcia Gowling to the Planning Commission for terms expiring March 1, 1994. Ayes 4 - Nays - 0. RES. 1991-52 PLANNING COM. REAPPOINTMENTS MOTION: of Humphrey, seconded by Goodwin, reappointing the current members of the Cable TV Committee: Rollin Bible, Dale Rodell, Peter Sharp, J. Robin Wohnsigl, A. Michael Young and Robert Naegeli, for terms expiring March 1, 1993. Ayes - 4 Nays - O. CABLE TV COM. REAPPOINTMETS Councilmember Goodwin asked if members of the Parks & Recreation Committee had indicated whether they would like to continue with new terms? Mr. Johnson said the members had been polled and committed to attending meetings. MOTION: of Goodwin, seconded by Sterling, reappointing the current members of the Parks & Recreation Committee: Russell Defauw, John DiRico, David Gross, Gregory Kopischke, Charlie Maus, Tina Rankin and Connie Scheid, for terms expiring March 1, 1993. Ayes - 4 - Nays - 0. PARKS & REC. COMMITTEE REAPPOINTMENTS MOTION: of Humphrey, seconded by Sterling, reappointing the current members of the Urban Affairs Committee: Shirley Doering, JoAnne Ellison, John McKay, Sharon Schwartz and Pamela Sohlberg, for terms expiring March 1, 1993; recognizing two vacancies remain to be filled. Ayes -4 - Nays - 0. URBAN AFFAIRS REAPPOINTMENTS MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 82771 through 82847 and 82857 through 83006, in the total of $4,167,959.83. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.