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HomeMy WebLinkAbout09/12/1991CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 12th, 1991, 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 Olerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Fire Chief Tuthill and Assistant to Administrator Weldon. Mayor Holton called the meeting to order at 8:08 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey,.seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Margaret Paton, Chair of the 4th of July Committee, thanked the Council 4TH OF JULY for supporting the 4th of July celebration and parade and presented APPRECIATION a plaque of appreciation to the Mayer. Pat Schesso, Parade Chair was also present. The Council expressed appreciation to all the volunteers who assisted with the activities. Mr. Johnson informed the Council that the City has been recognized for exceptional efforts in implementing employment training and development efforts under the Job Training Partnership Act. He pre- sented a plaque to the Mayor from the Dakota County Private Industry Council for the "Celebrating Partnerships Award". PRIVATE INDUSTRY COUNCIL AWARD D.A.R.E. DAY PROCLAMATION Mayor Holton read and signed a proclamation proclaiming September 12, 1991, "Apple Valley D.A.R.E. Day" recognizing the educational program the Police Department has been conducting in the elementary schools. Mr. Melena commented on the video tape prepared to promote the City. PROMOTIONAL It was funded by Cable TV franchise fees and is available for use by VIDEO TAPE businesses and organizations to help "sell" the City. It will also be shown on the local cable access channel. Councilmember Humphrey noted that this first tape is designed to promote residential aspects of the City. Another tape, for industrial/commercial promotion, will be produced in early 1992. Mr. Johnson then showed the tape for the Council and the audience. The Mayor 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. AUDIENCE DISC.. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Page 2 MOTION: of Sterling, seconded by Humphrey, adding Liquor Store No. Change Order to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the special meeting of August 19th, 1991, as written. Ayes - 4 - Nays ~ 0 (Sterling Abstained). MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of August 22nd, 1991, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving a consultant services agreement with John DuBois for Police radio communication system upgrading, at a cost not to exceed $5,000.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. MOTION: of Sterling, seconded by Humphrey, authorizing payment of $3,500.00 to Apple Valley Chamber of Commerce for promo- tional materials, as described in its letter dated August 28, 1991. Ayes - 5 ~ Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-195 approving the 1992 Landfill Abatement Funding Application, in the amount of $23,076.00, authorizing its submittal to Dakota County, and approving the 1992 work program for recycling activities. Ayes - 5 ~ Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-196 increasing the service charge for checks returned by banks to $20.00 effective September 1, 1991. Ayes - 5 Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-197 designating GCS Group, Inc., of Texas as an additional depository for City funds in 1991. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, approving settlement of the Calistro property condemnation proceedings for Project 90-345, 140th & Cedar Intersection Signal Improvements, authorizing the Mayor and Clerk to sign the same and authorizing payment of the Court Stipulation totaling $11,737.01. Ayes - 5 - Nays - 0. CONSENT AGENDA AUG. 19, 1991 MINUTES AUG. 22, 1991 MINUTES DUBOIS POLICE RADIO CONSULT. AGREEMENT CHAMBER PROMOTIONAL MATERIALS RES. 1991-195 1992 LANDFILL ABATEMENT FUNDING APP RES. 1991-196 NSF CHECK FEE RES. 1991-197 ADDITIONAL DEPOSITORY PROJ. 90-345 CALISTRO CONDEMNATION SETTLEMENT CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Page 3 MOTION: of Sterling, seconded by Humphrey, authorizing reallocation of the 1991 Fire Department budget to allow the purchase radio pagers and a rescue van in 1991, as described in the Fire Chief's memo dated August 8, 1991, with no increase in the budgeted funds. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-198 approving specifications for Fire Department Radio Pagers and authorizing advertising for bids to be received at 2:00 p.m. on October 1, 1991. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-199 approving specifications for Fire Department Rescue Step Van and authorizing advertising for bids to be received at 2:00 p.m. on October 1, 1991. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving a temporary on- sale 3.2 beer license for Apple Valley American Legion Post 1776 at Fire Station No. 1 on September 21, 1991. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, granting a setback variance to allow an accessory building to be constructed to within six feet of the garage on Lot 19, Block 4, Palomino Woods (13617 Harwell Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving a special use permit for outdoor sales, subject to setback of 30 feet from sidewalk on 147th Street, for Nelson's Apple Farm, from September 1 to October 31, 1991, at Paul's South Cedar Service, 7525 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving a 1991 license for a Christmas Tree Sales Lot on Lot 1, Block 2, Hamlet I, for Boy Scout Troop 205, in connection with Cedar Landscap- ing and Nursery. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-200 approving the final plat and subdivision agreement for Pilot Knob Estates 7th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving reduction of subdivision financial guarantees for Apple Ponds 2nd Addition, from $140,790.50 to 0, and for Broner Woods, from $6,225.00 to'$3,112.50. Ayes - 5 - Nays - 0. 1991 FIRE BUDGET REALLOCATION RES. 1991-198 TAKE BIDS FIRE PAGERS RES. 1991-199 TAKE BIDS FIRE RESCUE VAN LEGION TEMP. BEER LICENSE VARIANCE ACCESS. BLDG. 13617 HARWELL SPECIAL USE APPLES AT PAUL' S SERV BOY SCOUT CHRISTMAS TREE LOT RES. 1991-200 FINAL PLAT PILOT KNOB 7TH SUBD. BOND REDUCTIONS CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Page 4 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-201 directing preparation of a water conservation plan for the City.as required for issuance of a water appropria- tion permit for a Mt.Simon/Hinckley well. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, receiving the preliminary engineering report on Project 91-373, Fischer 1st Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-202 ordering installation of Project 91-376, Apple Ponds 4th Utility Improvements. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-203 directing the City Engineer to prepare plans and specifications for Project 91-376. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving Change Order No. 9 to the contact with Fredrickson Excavating for Project 87-280, Miscellaneous Storm Sewer Improvements, in the amount of an additional $19,498.24. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, approving Change Order No. 2 to the contract with Imperial Developers for Project 91-366, Police Outdoor Firing Range, in the amount of an additional $7,064.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving Change Order No. 1 to the contract with Alexander Construction for Project 91-368, Galaxie Avenue Widening, in the amount of a $17,434.83 deduction. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphreyi accepting Projects 88- 296, South Suburban Free Church Storm Sewer, and 91-367, Embassy Estates Utilities, as final and authorizing final payment on the contract with Inland Utility Construction in the amount of $2,004.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving an agreement with Amoco Oil Company for installation of groundwater monitoring wells in the boulevard of 147th Street, for the Clark and Amoco stations, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, canceling the informal meeting of September 19, 1991, and appointing John Gretz Acting Administrator in the absence of Mr. Melena, for the period September 19 to 28, 1991. Ayes - 5 - Nays - 0. RES. 1991-201 PREPARE WATER CONSERV, PLAIN PROJ. 91-373 PRELIM. REPORT RES. 1991-202 ORDER UTIL. PROJ. 91-37 RES. 1991-203 PLANS & SPECS. PROJ. 91-37§ CHANGE ORDER 9 PROJ. 87-280 CHANGE ORDER 2 PROJ. 91-366 CHANGE ORDER 1 PROJ, 91-368 FINAL PAYMENT PROJ. 88-296 & 91-367 AMOCO MONITOR- ING WELLS AGREEMENT CANCEL MEETING /ACTING ADMIN CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Page 5 MOTION: of Sterling, seconded by Humphrey, approving hiring the part-time employees as listed in the Personnel Director's memo dated September 12, 1991. Ayes - 5 - Nays - 0. HIRE PART-TIME EMPLOYEES RES. l991-204 PLAT WAIVER SCHULTZ PROP. CHANGE ORDER 3 LIQUOR STORE 2 REMODELING MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1991-204 approving a waiver of platting for property the City is acquiring from Helen Schultz in Section 21 allowing the transfer on a metes and bounds description basis. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving Change Order No. G-3 to the contract with Fondler Construction for Liquor Store No. 2 Interior Remodeling in the amount of an additional $467.00 for structural work and $1,617.00 for carpet. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:30 p.m. to con- PUBLIC HEARING sider Project 90-351, Waterpark Townhomes Utility Improvements, and PROJ. 90-351 noted receipt of the affidavit of publication of the hearing notice. WATERPARK T.H. Mr. Gordon reviewed the preliminary engineering report and said there UTILITIES will be an addition to the project; relaying the existing sewer pipe due to soil corrections. The water main will not be looped because the property is in a different pressure zone than the area north of 140th Street. The water main will also be at least eight feet deep because it will be under the parking lot. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:35 p.m. No action on ordering the project is necessary at this time. MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 519 amending City Code Section 11-3 specifying that compost bins must be kept in rear yards and no closer than five feet to a property line or 20 feet to a street right-of-way. Ayes - 5 - Nays - O. ORDINANCE 519 COMPOST BIN PLACEMENT Mr. Melena reviewed the City Attorney's memo dated August 14, 1991, PARKING concerning delegation of the Council's authority to designate park- RESTRICTION lng restrictions. He suggested that if the Council takes such action, DESIGNATION one individual should be responsible; the Police Chief (in whose absence the acting Police Chief would have the responsibility). The Mayor asked if the draft ordinance intends that all parking restrictions be designated by the Police Chief or only temporary ones? Mr. Melena said the Police Chief could make all designations, of which the Council would be informed at its next meeting and could then rescind, modify or reaffirm the restriction. Most of these restrictions would probably be temporary; relating to construction situations, special street use conditions, etc. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Page 6 MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 520 amending City Code Section 19-19 by delegating to the Chief or Police, or acting Chief of Police, the authority of the City Council to restrict parking and the enforcement thereof on public thoroughfares and private property; with the right of the Council to rescind, modify or reaffirm such action at the next regular meeting. Ayes - 5 ~ Nays - 0. ORDINANCE 520 POLICE CHIEF AUTHORITY TO RESTRICT PARKING Mr. Melena reviewed the Option Agreement to acquire the building and SKIPPER'S ground lease of the Skipper's site until March 31, 1992, for a pur- SITE OPTION chase price of $150,000. He has also received communication from . AGREEMENT Todd Novaczyk concerning a partnership arrangement on control of the entire site. The City, through the EDA, would have a joint partnership and be able to remove the building and move the property along for development. The Council concurred with pursuing the partnership arrangement for development of the property. MOTION: of Humphrey, seconded by Erickson, approving the $5,000.00 Option Agreement with Skippers, Inc. of Washington, to acquire the building and ground lease on part of Lot 1, Block 1, Apple Valley Commercial Addition, for $150,000.00 until March 31, 1992, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. APPROVE SKIPPER'S OPTION AGREEMENT Mayor Holton reviewed the proposed volunteer service recognition pro- VOLUNTEER gram for volunteer firefighters and commission and committee members. RECOGNITION It is intended to be a service award, not a retirement award and would be presented to individuals reaching these anniversaries. The Council discussed whether commission and committee members should receive some type of five-year certificate or plaque, but took no action. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-205 establishing a volunteer service recognition program; with marble apples to be presented to volunteer firefighters after 20 years of service and to advisory committee and commission members after 10 years of service. Ayes - 5 - Nays - 0. RES. 1991-205 VOLUNTEER RECOG. PROGRAM Mr. Weldon reviewed his memo dated September 9, 1991, on the status REDISTRICTING of redistricting. He showed the boundaries of current District 37A, STATUS REPORT which contains the entire City. The approved redistricting plan places the majority of the City in new District 36B and precinct 7 and portions of precincts 9 and 10 in new District 38B. The line used to draw this boundary has been referenced incorrectly and a request for correction was sent to the state. As the legislation now stands, the City has until November 4, 1991, to redraw its precincts to conform to the new districts. However, the Independent Republicans have initiated a court challenge and if it is successful will delay implementation. The Council will be kept informed in the matter. CITY OF APPLE VALLEY Dakota County, Minnesota September 12, 1991 Page 7 The Council meeting was recessed at this time, 9:10 p.m., and the Council convened as the Economic Development Authority. Following that meeting, the City Gouncil meeting reconvened at 9:26 p.m. EDA MEETING CLAIMS & BILLS MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check register dated August 28, 1991, totaling $991,822.20; check register dated September 4, 1991, totaling $2,653,543.67; and check register dated September 11, 1991, totaling $11,927,622.35. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:30 o'clock p.m.