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HomeMy WebLinkAbout11/26/1991CITY OF APPLE VALLEY Dakota County, Minnesota Nowember 26, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 26th, 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 Clerk Mueller, City Attorney Hills, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, 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 Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA VAA AWARD AUDIENCE DISC. Mr. Johnson presented the Valley Athletic Association President's Award plaque to the Mayor. The plaque was given to the Parks & Recreation Department on November 13, 1991, by the VAA for outstanding service to the youth of the community. 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. Councilmember Humphrey introduced Todd Rexine, for whom he attended EAGLE SCOUT an Eagle Scout award ceremony on Saturday. He invited Todd to attend AWARD to recognize the program and present his project. He worked with the Jacob Wetterling Foundation and videotaped and fingerprinted 120 students at Diamond Path School for identification purposes should they be abducted. Group tlealth donated the tapes and the Police Department helped with the fingerprint- ing. He showed a tape made during the project which included interviews of people involved with scouting. The Mayor presented a limited edition eagle print to him in recognition of his achievement. MOTION: of Humphrey, seconded by Sterling, moving award of the towing contract to the regular agenda, tabling Gable TV Committee reimbursement for two weeks and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA NOV. 14, 1991 MINUTES CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of November 14th, 1991, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 1991 Page 2 MOTION: of Humphrey, seconded by Sterling, approving the minutes of the special meeting of November 21st, 1991, as written. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-239 accepting, with thanks, the donation of $50.00 from Wildlife Management Services toward the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-240 accepting the donation of $2,315.00 of Booya proceeds from the Apple Valley Firefighters Relief Association and authorizing payment of $2,315.00 to the Special Fund of the Association. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-241 establishing fire lanes for Target Greatland, Southport Centre and Cub Foods, as recommended by the Fire Marshal, and directing installation of appropriate signage by the property owners. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of temporary on-sale liquor licenses to the Minnesota Zoo by the Minnesota Department of Public Safety for after-hours functions on December 1 and 7, 1991. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-242 approving ths application of Apple Valley Hockey Association for a Minnesota Lawful Gambling Organization License Renewal at Greenstreets Restaurant, 7543 West 147th Street and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-243 approving the application of Dakota County 40 & 8, Voiture 1457, for an Exemption from Lawful Gambling License at Apple Valley American Legion Post 1776 for an event on January 18, 1992, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-244 setting a public hearing at 8:00 p.m., on January 7, 1992 to consider vacation of drainage and utility easements on Lots 10 and 11, Block 3, Eagle Hills Second (property being replatted as Eagle Hills Fourth). Ayes 5 - Nays - 0. NOV. 21, 1991 MINUTES RES. 1991-239 D.A.R.E. DONATION RES. 1991-240 FIRE RELIEF DONATE/PAYMENT RES. 1991-241 FIRE LANES ZOO LIO. LICENSES RES. 1991-242 HOCKEY ASSN. GAMB. RENEW RES. 1991-243 GAMB. EXEMPT DAKOTA CO. 40 & 8 LEGION RES. 1991-244 SET VACATION HEARING CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 1991 Page 3 MOTION: of Humphrey, seconded by Sterling, approving the revised general engineering hourly rates for Bonestroo, Rosene, Anderlik & Associates, Inc., effective January 1, 1992, as contained in'the letter dated November 14, 1991. Ayes - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-245 declaring a 1984 Ford L8000 single axle dump truck with snow plow, wing and sander to be surplus property and authorizing its sale, by sealed bids, at 10:00 a.m. on December 16, 1991. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving reduction of subdivision financial guarantees for: Hyland Pointe Shores, from $23,700.00 to $10,820.00; Eagle Hills 2nd, from $4,111.00 to 0; and Eagle Hills 3rd, from $10,499.00 to $5,055.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 3 to the contract with Imperial Builders, Inc., for Project 91-366, Police Outdoor Firing Range, in the amount of an additional $3,795.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 4 to the contract with CECA Utilities, Inc., for Project 90-357, Apple Valley Retail (Cub Foods) Improvements, in the amount of an additional $7,395.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, accepting the contract with CECA Utilities, Inc., for Project 90-357, Apple Valley Retail (Cub Foods) Improvements, as final and authorizing final payment in the amount of $19,834.47. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, tabling consideration of Cable TV Committee Reimbursement for two weeks. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, authorizing the expenditure of $800.00, as part of the Employee Recognition Program, toward the cost of the employee winter recognition party. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring the part time employee and seasonal employees as listed in the Personnel Director's memo dated November 26th, 1991. Ayes - 5 - Nays - 0. 1992 REVISED ENGINEER FEES RES. 1991-245 SELL SURPLUS DUMP TRUCK SUBDIVISION BOND REDUCTNS. CHANGE ORDER 3 PROJ. 91-366 CHANGE ORDER 4 PROJ. 90-357 FINAL PAYMENT PROJ 90-357 TABLE CABLE TV REIMBURSEMT EMPLOYEE RECOGNITION EXPENDITURE HIRE PART TIME EMPLOYEES END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 1991 Page 4 The Council received the recommendation for award of the vehicle VEHICLE TOWING towing and impounding contract for 1992-1993, as contained in Police & IMPOUND BIDS Captain Erickson's memo dated November 20, 1991. Councilmember Sterling asked how the recommendation was reached? Police Chief Rivers reviewed the points in the memo and noted the bid of Dick's Valley Service was lower on some items and Magnum Towing lower on others. Both storage lots are outside the City limits, but the lot used by Dick's is about a mile closer. Dick's/AAA Salvage have had the contract for the past two years and it has been the most efficiently run that the City has had. Mr. Melena said the distance of the impound lot is the major consideration in the recommendation. He also advised the Council that Kevin Mellon, of Magnum Towing, contacted the City Attorney and asked if there was a conflict of interest in awarding the contract to Dick's Valley Service. Mr. Sheldon informed him there was not; Mr. Tuthill is a volunteer firefighter and there is no conflict. Kevin Mellon, of Magnum Towing, was present and described his business in Eagan stating he would be interested in expanding and opening a location in Apple Valley with inside storage if that was required. He said his office and radio equipment were not inspected by the City. His bid was low on wheel lift tows, which he believes is the most common type of tow today, and questioned whether the bid process was fair. Mayor Holton said because the tows are bid individually, and itemized, there is no significant difference in the dollar amount of the bids. Mr. Melena said the Council has the authority to determine the lowest responsible bidder and award the contract in the best interest of the City. This is also a service and, as such, is up to the Council to evaluate. Councilmember Humphrey said Mr. Mellon's bid is good and he probably has a 'responsible business; but with everything on the bids generally being equal and Dick's lot located closer to the City, there is no reason to change. The City does not pay for tows, the vehicle owners do. The primary reason for a contract is so the Police have someone to call to the scene of an accident and make sure the public is not taken advantage of on tows. Councilmember Goodwin said there may have been a problem with the bid process and making historical information available to bidders. In the future, a pre-bid conference would help answer these questions. Councilmember Erickson asked if there is some way to estimate the number of the different tows and the number of days of storage? Mr. Melena said the type of tow is not noted on the police records; only that a vehicle is towed. The information would only be available from the towing contractor's own records. Councilmember Sterling said Captain Erickson's memo noted that he talked with a tow driver at Magnum's Towing's lot about the operation. Mr. Mellon said no one talked to him and he only saw a car drive through. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 1991 Page 5 Councilmember Humphrey said for future evaluations, it will be necessary for the City to keep records of towing complaints and/or compliments, if appropriate, as well as statistics on towing and storage. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-246 awarding the contract for vehicle towing and impounding services for 1992-1993 to Dick's Valley Service, Inc., the lowest responsible bidder; authorizing subcon- tracting operation of the impound lot to AAA Auto Salvage subject to receipt of an acceptable agreement; and directing that detailed records be maintained during this period so data will be available to analyze future bids. RES. 1991-246 AWARD TOWING & IMPOUNDING CONTRACT Councilmember Goodwin said a bidder's conference would be helpful, in the future, where everyone could look at the records. Vote was taken on the motion. Ayes - 5 - Nays - 0. Terry Langager, representing Rosemount Area Athletic Association RAAAREPORT (RAAA); Tom Neumann, its President; and Steve Reischauer, its ON PROGRAMS Treasurer; were present to address the Council about the programs offered and participation. They distributed statistics on the five Cities served showing 42 percent of the 4,251 participants are Apple Valley residents. Combination of the VAA and RAAA organizations has been discussed, but that will not increase the facilities available and they prefer to let participants decide which organization to join. Mayor Holton asked if students are assigned to a particular organization by high school area? Mr. Reischauer said no it is their choice except for Eagan. EAA will only serve Eagan residents because of growth. They have an agreement that where EAA does not offer a sport, participants can go to the other organizations. Councilmember Goodwin said he believes as high school boundaries move, there will be an tendency for families to move between organizations in the same manner. Councilmember Erickson asked if there is anything the City can do to work with both organizations on scheduling? Mr. Langager said Mr. Johnson has met with both organizations to try and resolve these issues including use of fields. RAAA has used the new fields added at Huntington and Tintah Parks and Hayes Community Center for basketball. They are getting information on all participants in the organizations for this purpose including what percentage of VAA participants are Burnsville residents. Since 20 percent of RAAAparticipants are Lakeville residents, they will also be addressing the City of Lakeville for facilities. Mr. Langager said for use of facilities, estimates of VAA representing 70 percent and RAAA representing 30 percent of Apple Valley have been agreed to and will be used until actual numbers are determined. The goal is not to take fields away from VAA, but to provide quality programs. They will continue to ask for their fair share of fields for their programs. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 1991 Page 6 Councilmember Goodwin asked what cooperation RAAA is getting for use of ISD 196 facilities in Rosemount? Mr. Langager said they have good access, but the fields are not in the condition that Apple Valley's fields are. The District is changing its policy on how school facilities are maintained and money will be put into improving the fields. Councilmember Goodwin asked if they were aware that a future southern athletic complex would probably be located east of Galaxie Avenue? Mr. Langager said they were and would support it. Mr. Melena asked what type of consolidation was discussed by the organizations? Mr. Langager said the outgoing VAA President was interested in dividing along City boundaries. They are forming a committee to discuss this further along with consideration of changing the name to reflect the make-up of the organization or one organization with east and west divisions. Mr. Johnson expressed appreciation for the support the organization has given in working with his department. He will continue working with both organizations and keep the Council informed of discussions. MOTION: of Humphrey, seconded by Erickson, receiving notice of ALF Ambulances's nomination of Dearie Running for an award by the American Heart Association for his efforts in saving a child's life on November 13, 1991. Ayes - 5 - Nays - O. RUNNING AHA NOMINATION FIRST FEDERAL RELOCATION DEVELOPMENT REPORT CLAIMS & BILLS Consideration of a building permit for relocating the old First Federal building was tabled until December 5, 1991. The Council received a list of the "Top 12 Development Rumors This Week", prepared by the Community Development Department, concerning potential new businesses in the City. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check register dated November 20, 1991, in the amount of $9,649,005.86; and check register dated November 26, 1991, in the amount of $3,557,010.51. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 9:37 o'clock p.m.