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HomeMy WebLinkAbout09/10/1987CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 10th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Coucilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Recreation Services Manager Johnson, City Planner Kelley, Assistant Administrator Lawell, and Police Chief Rivers. Mayor Branning 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. The Mayor said he would recommend removing item 25, short term space needs considerations, from the agenda. The Council has been interviewing candidates for Administrator and a decision should be made tomorrow. This issue is known by all the candidates and the new Administrator should be involved in any decision. MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting as presented with item 25. APPROVE AGENDA MOTION: of Savanick, seconded by Humphrey, amending the above motion AMEND AGENDA by removing item 25 from the agenda. Councilmember Savanick said no information on the item was included in the agenda packet and it should be removed from the agenda. Councilmember Goodwin said even if a decision is made tomorrow, it will be a couple of months before the new Administrator starts and the Council could receive the Staff report now. Councilmember Humphrey asked if there is a written report to be distributed? Mr. Gretz said yes, there are copies available. Vote was taken on the amendment. Ayes - 3 - Nays - 2 (Goodwin and Holton). Roll call vote was taken on the motion as amended. Humphrey - Aye, Savanick - Aye, Branning - Aye, Holton - Nay, Goodwin - Nay. Motion Passed. MOTION: of Holton, seconded by Goodwin, approving the minutes of the regular meeting of August 27, 1987, including a motion made by him to eliminate leasing as a consideration for solving temporary City space needs. Ayes - 2 (Goodwin and Holton) Nays - 3 (Branning, Humphrey and Savanick). Motion Failed. AMEND MINUTES AUG. 27, 1987 MINUTES AUDIENCE DISCN. ICE ARENA BOND PROPOSAL MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of August 27th, 1987, as written. Ayes 4 - Nays - 1 (Holton). Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. Jack Morris, of Apple Valley Hockey Association, distributed copies of a statement concerning an ice facility proposal to the Council and read it. They CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1987 Page 2 are requesting a bond issue be brought to the voters in November, that it not be combined with any other issue and that the Council make a decision September 24, 1987. Councilmember Holton said the Council had previously asked for a report to be made September 24, 1987, and asked if that was still scheduled? Mr. Gretz said at the Council's informal meeting on September 3, 1987, this item was discussed with Mr. Morris and Mr. Engstrom and it was agreed it would be held until January or February 1988. The report has been preliminarily prepared and could be presented September 24th. The Mayor asked if the report includes site information and if all the engineering and financial information has been prepared Councilmember Goodwin said he understands that a site recommendation has not been made, but much of what is being discussed is already known and he asked if the report could be distributed earlier. Mr. Morris asked if the Council could make a decision September 24th? The Mayor said it would be possible; however, this is something the Council heard about only two months ago. If citizens were preparing information, it should have been presented in a more timely manner. After a bond issue is passed, the Council is held responsible and he would ask that every effort be made to make all citizens aware of the issue and not just those who might support it. MOTION: of Holton, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays ~ 0. CONSENT AGENDA CONSTITUTION PROCLAMATION HOCKEY ASSN. GAMBLING EXEMPT. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, proclaiming the week of September 17 through 23, 1987, as Constitution Week in Apple Valley. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, receiving the revised applications of Apple Valley Hockey Association for Gambling License Exemptions for raffles. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, approving a temporary on- sale 3.2 beer license for Apple Valley Jaycees, at Fire Station No. 1, on September 19, 1987, for the Fire Relief Association Booya. Ayes - 5 - Nays - O. JAYCEES TEMP. BEER LICENSE MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-190 granting a temporary waiver of platting to allow a metes and bounds property description to be filed with the County Recorder for property to be platted as Apple Ponds South. Ayes - 5 - Nays - 0. RES. 1987-190 PLAT WAIVER APPLE PONDS SO. RES. 1987-191 ASSESSMENT DIV. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1987-191 approving special assessment divisions 17092 - Pennock Shores 2nd; 17121 - Lots 18, 19 and 20, Knottywoods; 17169 - Carrollton Estates 3rd; 17176 - Zoogate/Shadow CITY OFAPPLE VALLEY Dakota County, Minnesota September 10, 1987 Page 3 Estates; 17191 - Scottsbriar 2nd; 17209 Greenleaf Park Estates and Assessment 221 (Relevy of No. 205 on Greenleaf Park Estates. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, adopting Resolution No. 1987-192 setting a public hearing at 8:00 p.m. on October 8, 1987, on the application of Rich Mgt., Inc., d/b/a Apple Place, for an on-sale and Sunday liquor license at 14917 Garrett Avenue. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, receiving a copy of .the management agreement between Rich Mgt., Inc., and Apple Bowl, Inc., related to the premises at 14917 Garrett Avenue, filed for information purposes with the City as required by the City Code. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, receiving notice that the State Revenue Department has denied the City's appeal for an increase in its 1988 levy limit. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, approving Agreement No. 87- 09 with the Dakota County Highway Department related to installation and maintenance of an emergency vehicle traffic signal preemption system and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, adopting Resolution No. 1987-193 approving the final plat and development agreement for Royal Oak Estates and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, accepting Project 85-213, Cedar Knolls Pond Outlet, as final and authorizing final payment on the contract with Arcon Construction in the amount of $13,453.31. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, accepting Project 86-248, Briar Oaks of Apple Valley Trunk Improvements, as final and authorizing final payment on the contract with Richard Knut- son, Inc., in the amount of $8,774.00. Ayes - 5 ~ Nays - 0. MOTION of Holton, seconded by Humphrey, accepting Project 86-251, Eagle Ridge Estates Improvements, as final and authorizing final payment on the contract with Ceca Utilities in the amount of $17,230.40. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Humphrey, approving a Surveyor's Certificate of Plat Correction for an easement in Summer- field and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. RES. 1987-192 SET LIQUOR LICENSE HEARING RECEIVE RICH MGT AGREEMENT LEVY LIMIT APPEAL DENIED SIGNAL PREEMPT. COUNTY AGREEMENT RES. 1987-193 ROYAL OAK EST. PLAT & AGREEMT. FINAL PAYMENT PROJ. 85-213 FINAL PAYMENT PROJ. 86-248 FINAL PAYMENT PROJ. 86-251 SUMMERFIELD PLAT CORRECTION CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1987 Page 4 MOTION: of Holton, seconded by Humphrey, approving reduction of subdivision bonds for Valley Way Village 5th from $90,000 to $37,000 and for Shadow Estates from $237,350 to $141,190. Ayes - 5 - Nays - 0. SUBDIVISION BOND REDUCTIONS SPENCER CENTRAL MNTC SUPERVISOR MOTION: of Holton, seconded by Humphrey, approving the promotion of Dale Spencer to Central Maintenance Supervisor effective September 12, 1987, at a salary of $2,261 per month. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the various HIRE PARTTIME parttime employees as listed in the Personnel Director's memo EMPLOYEES dated September 8, 1987. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Savanick, seconded by Goodwin, receiving the Dakota County Highway Department's letter dated September 1, 1987, denying an additional Cedar Avenue access, to the east, between County Road 42 and 147th Street and requesting Larry Figgins to attend the September 24, 1987, meeting to discuss the matter. Ayes - 4 - Nays - 1 (Humphrey). CEDAR ACCESS BETWEEN 147TH & COUNTY ROAD 42 RES. 1987-194 SET ASSESSMENT HEARINGS POLICE COMPUTER UPGRADE RES. 1987-195 AWARD CONTRACT PROJ. 87-271 RES. 1987-196 TAKE BIDS PROJ. 87-279 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1987-194 approving proposed 1987 special assessment rolls numbered 222 through 232, in the total amount of $2,841,227, and setting public hearings on them at 8:00 p.m. on October 8, 1987. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, authorizing the expenditure of $23,000 to upgrade Police Department computer capacity to 168 megabytes with a disk drive as described in the Police Chief's memo dated September 8, 1987. Ayes - 5 - Nays - O. MOTION of Goodwin, seconded by Holton, adopting Resolution No. 1987- 195 awarding the contract for Project 87-271, Cherry Oak Estates and Bubbers-Krause Improvements, to Lake Area Utility Contracting, the low bidder, in the amount of $323,663.60. Ayes ~ 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 196 approving plans and specifications for Project 87-279, Eagle Ridge Estates 2nd Addition Improvements, and authoriz- ing advertising for bids to be received at 2:00 p.m. on October 8, 1987. Ayes - 5 - Nays - 0. Mayor Branning asked if Georgia Drive access to 132nd Street had been acquired? Mr. Gordon said half of the right-of-way through Mrs. Solomonson's property remained to be acquired, but it was not necessary for this project. The Mayor asked that a meeting ba arranged with her to discuss it. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 1987 Page 5 MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1987- 197 approving plans and specifications for Project 87-278, 157th Street and Apple Ponds South Trunk Improvements, and authorizing advertising for bids to be received at 2:30 p.m. on October 8, 1987. RES. 1987-197 TAKE BIDS PROJ. 87-278 Mayor Branning asked about internal utilities for Apple Ponds South. Mr. Gordon said they were being installed privately by the developer. The Mayor said he would like that pointed out to the Council in the future and, in cases where there have been problems with a developer's work in the past, perhaps City installation should be required. Councilmember Humphrey asked what the current policy is. Mr. Gretz said that when a developer does private installation, a 125 percent bond is required to allow the City to complete the work if necessary. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-198 approving plans and specifications for Improvement Projects 87-269, Foster's Addition, & 87-272, Shadow Estates Trunks, and authorizing advertising for bids to be received at 3:00 p.m. on October 8, 1987. Ayes - 5 - Nays - 0. RES. 1987-198 TAKE BIDS PROJ. 87-269 & 87-272 CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 31139, 31140, 56793 through 56911, 56921 through 57012, 57015 and 57016, in the total amount of $1,964,032.45. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:53 o'clock p.m.