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HomeMy WebLinkAbout12/19/1991CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 19th, 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 Sheldon, City Engineer Gordon, Project Engineer Aune, Finance Director Ballenger, Police Captain Erickson, Parks & Recreation Director Johnson, City Planner Kelley, Associate Planner McMonigal, Building Official Miranowski, Police Chief Rivers 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 Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Holton presented a "Key to the City" to Joyce Perrault, who is retiring January 3, 1992, from employment with the City. She is a Clerk-Typist in the Police Department and began working for the City in April of 1987. PERRAULT RETIREMENT RECOGNITION Mayor Holton introduced Dr. Keith Shoaps and his wife, Katherine, and SHOAPS GOOD presented Dr. Shoaps with the Mayor's "Good Neighbor Award" in appre- NEIGHBOR AWARD clarion for his actions on October 31, 1991. Brenda and Steven Brown, who were assisted by Dr. Shoaps, were also present. Kevin Raun, ALF Ambulance Director, described Dr. Shoaps' assistance at the accident scene and in trans- porting Steven Brown to the hospital. 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 pre- sent to speak. AUDIENCE DISC. CONSENT AGENDA NOV. 26, 1991 MINUTES DEC. 5, 1991 MINUTES MOTION: of Goodwin, seconded by Sterling, tabling consideration of the Transportation Chapter of the Comprehensive Plan until December 30, 1991, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of November 26th, 1991, as written. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of December 5th, 1991, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Page 2 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-256 accepting, with thanks, the donation of $500.00 from Barton Sand & Gravel Co. to benefit the youth of the community. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resblution No. 1991-257 accepting, with thanks, the donation of $100.00 from First Bank Apple Valley toward the Police Department's D.A.R.E. Program. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, confirming establishment by the Police Chief of temporary park and ride zones: on the north side of Fordham east of Fairlawn; on both sides of Fairlawn south of Fordham; on the south side of 135th Street from Galaxie to Fairlawn; on both sides of 132nd Street from Galaxie to 132nd Court; on the west side of Garland between 127th and 126th Streets; and on the west side of Germane north of 127th Street; and a temporary no parking zone on both sides o$ Germane between 127th and 128th Streets. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-258 withdrawing from the current Dakota County Mutual Aid Agreement and authorizing entering into a new Mutual Aid Agreement with Dakota County and Municipalities for Joint and Cooperative Use of Police Personnel and Equipment. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, approving renewal of the Off-Sale Beer Licenses for the year 1992 as listed in the City Clerk's memo dated December 16, 1991; and renewal of the On-Sale Beer License for Joel Watrud, d/b/a Apple Valley Golf Course, for the year 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting the quotation of Aagard Environmental Services, for a net monthly total of $993.68, to provide rubbish removal services at City facilities for the year 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting the Industrial Study Report from Economic Research Corporation and authorizing final payment on the contract by the Dakota County HRA in the amount of $6,090.37. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-259 approving the application, for fiscal year 1992, for Dakota County Community Development Block Grant Funding of $86,000 for Housing Weatherization and Rehabilitation. Ayes - 5 - Nays - 0. RES. 1991-256 BARTON DONATN. RES. 1991-257 D.A.R.E. DONAT CONFIRM POLICE CHIEF PARKING CONTROLS RES. 1991 - 258 POLICE COUNTY MUTUAL AID AGREEMENT 1992 OFF-'SALE & A.V. GOLF BEER LICENSES 1992 RUBBISH SERVICE-AAGARD INDUSTRIAL STUDY HRA FINAL PAYMNT RES. 1991-259 1992 CDBG APPLICATIC CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Page 3 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-269 approving the application to amend the fiscal year 1990 Dakota County Community Development Block Grant Funding of $100,000 from use by the Economic Development Revolving Loan Fund to use for Cedar Knolls Family Housing Site Acquisition.. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-260 setting a public hearing at 8:00 p.m. on January 23, 1992, to consider vacating the unconstructed portion of Glenda Court abutting Lot 6, Block 1, BOR-NEL. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the sale to Diedrich Builders, Inc., by Dakota County of Outlot A, Hamlet Manor Homes, as tax forfeited property, for the price of $5,000.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-261 awarding the sale of a 1984 Ford L8000 single axle dump truck with plow, wing and sander to Anderson-Knutson Equipment, the high bidder in the amount of $17,777.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract with Hydrocon for Projects 91-372, Pilot Knob Estates 7th, and 91-374, Embassy Estates 2nd, Utility Improvements, in the amount of an additional $2,175.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting Huntington Park Shelter/Telephone Equipment Building construction as final and authorizing final payment on the contract with Ozmun Builders, Inc., in the amount of $52,299.00. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, accepting Projects 91-372, Pilot Knob Estates 7th, and 91-374, Embassy Estates 2nd, Utility Improvements, as final and authorizing final payment on the contract with Hydrocon in the amount of $8,453.83. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the 1992 Joint Powers Agreement for Traffic Markings, Street Sweeping and Seal Coating Services with the Cities of Burnsville, Eagan, Lakeville, Rosemount and Savage and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1991-269 1990 GDBG AMENDMENT RES. 1991-260 SET VAG. HRG. GLENDA COURT HAMLET MANOR O.L. A, TAX FORFEIT SALE RES. 1991-261 SALE OF USED DUMP TRUCK CHANGE ORDER 1 PROJ. 91-372 & 91-374 FINAL PAYMENT HUNTINGTON PARK BUILDING FINAL PAYMENT PROJ. 91-372 & 91-374 1992 STREET MAINTENANCE J.P. AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Page 4 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-262 approving the 1992 Personnel Pay Plan with an increase of three percent in the pay scales for non- affiliated employees effective January 1, 1992, with rounding of pay scales up to the nearest $100.00. Ayes 5 - Nays - 0. RES. 1991-262 1992 PERSONNEL PAY PLAN ORDINANCE 526 MAYOR'S SALARY JAN. 1, 1993 MOTION: of Goodwin, seconded by Sterling, passing Ordinance No, 526 amending Section 2-27 of the City Code by setting the Mayor's salary at $700.00 per month effective January 1, 1993 (current salaries set January 1, 1990, are $600.00 per month for the Mayor and $500.00 per month for each Councilmember). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring Gail Muyres for the full-time position of Accounting Technician effective January 6, 1992, at a starting annual salary of $22,000. Ayes - 5 - Nays - O. HIRE MUYRES ACCT. TECH. MOTION: of Goodwin, seconded by Sterling, approving hiring the seasonal employee as listed in the Personnel Director's memo dated December 19th, 1991. Ayes - 5 - Nays - 0. HIRE SEASONAL EMPLOYEE END OF CONSENT AGENDA MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 527 rezoning part of Lot 2, Block 15, Cedar Knolls, from RB (retail business) to M-6C (multiple residential 6-12 units per acre) and P (institutional) as recommended by the Planning Commission. ORDINANCE 527 REZONE LOT 2, BLOCK 15 CEDAR KNOLLS Ms. McMonigal reviewed the report dated December 19, 1991, on the 43-unit townhouse development, proposed by the HRA, and park and ride site on property located north of 127th Street between Germane and Cedar Avenues. The property is being donated to the City and the portion for the townhouse units will be sold to the HRA. Councilmember Sterling asked if it would be advantageous for the City to retain control of the north portion of the site, with mature trees, as a buffer area? Mr. Melena said there were some soil problems in the area causing the housing units to be moved farther south. Due to the cost of the soil corrections, the HRA will be receiving block grant funds, but the additional area is needed as part of the development to meet cash flow on repayment of the funds. The park and ride site is smaller than was originally intended but will have approximately 189 parking spaces. Councilmember Erickson asked if there is a document which binds Thorson-Cornwell to donate the remaining two parcels to the City? Mr. Melena said there is; one parcel will be donated in January of 1992 and the remainder in January of 1993. CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Page 5 Mayor Holton questioned only one driveway access to the site from Germane Avenue. He asked if alternate access for emergency vehicles could be provided via a path around the west side from the park and ride lot or on the east side from George's Market parking Lot? Ms. McMonigal that should be able to be accommodated. Councilmember Sterling asked when building can start? Mr. Melena said the HRA has agreed to close on the remainder of the property by April of 1992. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-263 approving the preliminary plat of Cedar Knolls Family Housihg Development, with two lots, as recommended by the Planning Commission, subject to providing for a second access for emergency vehicles, and directing preparation of a subdivision agreement. Ayes - 5 - Nays - 0. RES. 1991-263 CEDAR KNOLLS FAMILY HOUSING PRELIM. PLAT MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-264 granting a temporary waiver of platting for part of Lot 2, Block 15, Cedar Knolls, to allow transfer of property on a metes and bounds description basis prior to filing the final plat. Ayes - 5 - Nays - 0. RES. 1991-264 PLAT WAIVER CEDAR KNOLLS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-265 authorizing issuance of a building permit for Cedar Knolls Family Housing Development, with conditions as recommended by the Planning Commission, subject to filing the final plat prior to occupancy. Ayes - 5 - Nays - 0. RES. 1991-265 CEDAR KNOLLS BLDG. PERMIT MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-266 receiving the preliminary engineering report for Project 91-379, Cedar Knolls Family Housing Development Utility Improvements, and setting a public hearing on it at 8:00 p.m. on January 23, 1992. Ayes - 5 - Nays - 0. RES. 1991-266 SET HEARING CEDAR KNOLLS PROJ. 91-379 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-267 authorizing sale of Phase I of the Oedar Knolls property to the Dakota County HRA at $1.15 per square foot, approximately $133,000, with completion of the sale by December 31, 1991; and sale of Phase II, up to five acres under the same terms, with completion of the sale of that portion by April 30, 1992. RES. 1991-267 CEDAR KNOLLS PROPERTY SALE Mr. Melena reviewed the revised dedication schedule for the Cedar Knolls property and revenue of $308,000 expected from sale of part of the property to the HRA. Construction of a parking lot for the park and ride facility is estimated at $212,600. A shelter will cost approximately $65,664 or up td $85,000 with restrooms. He reviewed a possible site plan with 189 parking spaces. Further plans will be brought back to the Council in January. CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Page 6 Councilmember Humphrey said he has discussed this briefly with Beverly Miller, of the MVTA, who has some new information on park and ride and suggested plans be reviewed with her also. Mr. Melena said she will be attending the Council's December 30th meeting to report on MVTA activities and this can also be discussed with her. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 528 amending City Code Sections 21-17 and 21-19 by requiring that the property owner and the property for which water and sewer services are provided, whether owner or non-owner occupied, be charged and held liable for all deposits and charges or bills for water and sewer services to such property. Ayes - 5 - Nays - 0. ORDINANCE 528 PROPERTY RESP. FOR SEWER & WATER BILLS Mr. Melena reviewed the proposed increases in water, sewer and street light rates of four percent, eight percent and five percent, respec- tively. The Council received information on rates charged by other cities. It was noted that water usage is being changed to a flat rate to encourage water conservation. SEWER, WATER & STREET LIGHT RATES Councilmember Erickson commented on a proposal by the Metropolitan Waste Control Commission to eliminate phosphates in the treatment process. He expressed concern that costs will be passed on to cities without concern as to what will happen to user rates or if such treatment will solve the problem. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-268 setting monthly rates at $2.60 plus $1.03 per 1,000 gallons for sewer and $5.23 plus $.68 per 1,000 gallons for water for all users except mobile homes and apartments; and setting rates for those users at $2.08 plus $1.03 per 1,000 gallons for sewer and $4.85 plus $.68 per 1,000 gallons for water effective January 1, 1992. Ayes - 5 - Nays - O. RES. 1991-268 1992 SEWER & WATER RATES MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1991-270 setting monthly street lighting system rates at $1.05 per residential unit, $.79 per unit for mobile homes and apartments, $5.16 per acre for commercial property inside the ring route and $2.74 per acre for other commercial/industrial property effective January 1, 1992. Ayes - 5 - Nays - O. RES. 1991-270 1992 STREET LIGHT RATES The Council received a memo from the Building Official dated December STATE 10, 1991, concerning state contractor licensing. Mr. Miranowski said CONTRACTOR this is a new regulation for 1992 and of the approximately 25,000 contractors that will need to be licensed, the state has received applications from 900 and issued licenses to 100. He has been advised that after January 1, 1992, building permits cannot be issued to any contractors who do not have the license. CITY OF APPLE VALLEY Dakota County, Minnesota December 19, 1991 Page 7 Councilmember Goodwinasked if there is an administrative method for the state to delay implementation as long as contractors are making an effort to obtain the license? Mr. Miranowski said he is not aware of any action being proposed. These are temporary licenses, effective for two years, after which time standards for permanent licensing will be implemented. MOTION: of Humphrey, seconded by Goodwin, supporting the Mayor sending a letter to State Department of Commerce requesting administrative suspension of the deadline for contractor licensing or allowing a policy whereby building permits can be issued to contractors who have applied for such a license but not received it. Ayes - 5 - Nays - 0. REQUEST DELAY OF CONTRACTOR LICENSING EDA SPECIAL MEETING CLAIMS & BILLS Mayor Holton informed the Council that he is calling a special meeting of the Economic Development Authority for 12:00 noon on December 30, 1991. The purpose of the meeting is to consider an offer to purchase the old liquor store building. MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check register dated December 11, 1991, in the amount of $1,887,369.01, and check register dated December 18, 1991, in the amount of $2,500,743.62. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:58 o'clock p.m.