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HomeMy WebLinkAbout12/10/1987CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 10th, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick (attended at 8:08 p.m.). ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon-, Finance Director Ballenger, Public Works Director Gretz, Parks & Recreation Director 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. MOTION: of Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA NOV 24, 1987 MINUTES AUDIENCE DISCN. CONSENT AGENDA RENEW LIQUOR LIABILITY INS. RES. 1987-275 AWARD CONTRACT DENTAL INSURANCE RES. 1987-278 1988 CDBC APPLICATION MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of November 24, 1987, as written. Ayes 4 - Nays - 0. Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda except final payment on Project 85-226 which was removed from the agenda entirely. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, renewing liquor liability insurance with Transcontinental Insurance Company at limits of $1,000,000 and rates of $1.31 per $100 of sales for the liquor stores and $1.23 per $100 for the golf course and a policy period of January 1, 1988, through February 1, 1989. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 275 awarding the contract for Employee Group Dental Insurance to Mutual Benefit Life Insurance, the low bidder, with single coverage of $14.11 per month and family coverage of $43.18 per month. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 278 approving application to Dakota County for 1988 Community Development Block Grant Funding for a transit planning study by the Cities of Apple Valley, Burnsville and Eagan. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1987 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 276 granting a temporary waiver of platting to allow title transfer, on a metes and bounds description basis, for property, in Section 22, to be combined with the Salem Woods plat. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 277 granting a waiver of platting to allow title transfer; on a metes and bounds description basis, for property lying south of Trunk Highway 77 and west of Johnny Cake Ridge Road, resulting from Shadow Estates park dedication. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 279 approving special assessment divisions 17351 - Huntington and Hunters Ridge, 17363 - Future Southport 4th and Super- America Site, 17381 - Apple Valley Station, 17382 - Timber- wick 8th, 17445 - Apple Ponds/Carroll Property and 17470 Apple Valley Commercial 3rd. Ayes - 4 - Nays MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 280 awarding the contract for 1988-89 Vehicle Towing and Impounding Services to Dick's Valley Service, the only bidder. Ayes - 4 - Nays - O. MOTION of Holton, seconded by Goodwin, setting the 1988 Board of Review meeting at 7:00 p.m. on Thursday, May 5, 1988, at City Hall. Ayes - 4 - Nays - 0~ MOTION of Holton, seconded by Goodwin, setting a special meeting at 8:00 p.m. on Wednesday, December 30, 1987, to complete end- of-the-year business and cancelling the informal meeting of December 17, 1987. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, adopting Resolution No. 1987- 281 amending the 1988 fees for Valleywood Golf Course to include sales tax and superceding Resolution No. 1987-219. Ayes - 4 - Nays - O. MOTION of Holton, seconded by Goodwin, approving an excavation permit for Williams Pipeline Company to allow spreading up to 3,200 cubic yards of gasoline saturated soil on parcel number 01-02600-010-50 in accordance with MPCA standards. Ayes - 4 - Nays - 0. MOTION of Holton, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report for extension of Georgia Drive to 132nd Street, Project 87-287. Ayes - 4 - Nays - O. RES. 1987-276 PLAT WAIVER SALEM WOODS RES. 1987-277 PLAT WAIVER SHADOW EST. PARK RES. 1987-279 ASSESSMENT DIVISIONS RES. 1987-280 AWARD CONTRACT VEHICLE TOWING SET BOARD OF REVIEW MEETING SET SPECIAL MEETING RES. 1987~281 AMEND 1988 GOLF COURSE FEES WILLIAMS PIPELN. EXCAVATION PERMT PRELIM. REPORT GEORGIA DRIVE CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1987 Page 3 MOTION: of Holton, seconded by Goodwin, accepting Project 85-239, Nordic Woods 9th and llth Additions Improvements, as final and authorizing final payment on the contract with Burschville Construction in the amount of $17,716.37. Ayes 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 87-263, Greenleaf Park Estates 1st Addition Improvements, as final and authorizing final payment on the contract with Ceca Utilities Inc., in the amount of $21,628.26. Ayes - 4 - Nays MOTION: of Holton, seconded by Goodwin, accepting Project 86-253, Lac Lavon Shores 2nd and 3rd Additions Improvements, as final and authorizing final payment on the contract with Arcon Cons- truction in the amount of $18,025.12. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 85-219, Galaxie Avenue Improvements from 127th Street north to Eagan, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $9,882.68. Ayes - 4 Nays - O, MOTION: of Holton, seconded by Goodwin, approving Change Orders No. 5, an additional 1,399.20, and No. 6, an additional $1,106.00, to the contract with Fullerton Lumber Company for Redwood Community Center. Ayes - 4 - Nays - 0o MOTION: of Holton, seconded by Goodwin, approving Change Orders No. 1, an additional $33,564.75; No. 2, an additional $1,835.00; and No. 3, an additional $7,237.00; to the contract with Lake Area Utility Contracting for Project 87-271, Cherry Oaks Improvements. Ayes - 4 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2, an additional $13,775.16, to the contract with Ceca Utilities for Project 87-274, Salem Woods/Royal Oaks Improvements. Ayes - 4 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, approving hiring the various parttime employees as listed in the Personnel Director's memo dated December 7, 1987. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearings to order at 8:04 p.m. to consider renewal of on-sale liquor licenses for 1988 and noted receipt of the affidavit of publication of the hearing notice. The Police Chief has reported that their files do not indicate any reason for FINAL PAYMENT PROJ. 85-239 FINAL PAYMENT PROJ. 87-263 FINAL PAYMENT PROJ. 86-253 FINAL PAYMENT PROJ. 85-219 CHANGE ORDERS REDWOOD COM CTR CH~GE ORDERS PROJ, 87-271 CHANGE ORDER 2 PROJo 87-274 HIRE PARTTIME EMPLOYEES PUBLIC HEARINGS LIQUOR LICENSE 1988 RENEWALS CITY OF APPLE VALLEY Dakota County, Minnesota December t0, 1987 Page 4, 1987 non-approval of the applications. The Mayor then asked for public comments on any of the applications: Rich Mgt., Inc.; DVN, Inc., Cedar Valley, Inc., Apple Valley American Legion Post 1776; and Pizza & Pizzazz, Inc. There were none and the hearings were declared closed at 8:05 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolutions approving 1988 license renewals, subject to receipt of appropriate bond and insurance documents, as follows: No. 1987-282, Rich Mgt., Inc., d/b/a Apple Place, on-sale and Sunday liquor; No. 1987-283, DVH, Inc., d/b/a RIBerry~s, on- sale and Sunday liquor; No. 1987-284, Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, on-sale and Sunday liquor; No. 1987-285, Apple VAlley American Legion Post 1776, on-sale club and Sunday liquor; and No. 1987-286, Pizza & Pizzazz, Inc., d/b/a Carbone's Pizza & Pizzazz, on-sale wine. Ayes - 4 - Nays - O. RES. 1987-282 TO 286, 1988 LIQUOR & WINE LICENSES The Council received and reviewed the results of the December 8, 1987, SPECIAL ELECTION special bond election showing the question defeated by a,vote of 778 yes and 1,926 no. Mr. Melena read a letter from the Mayor and him to Park and Recreation Department employees thanking them for their work on the bond issue. (Councilmember Savanick attended during this time.) MOTION of Holton, seconded by Humphrey, adopting Resolution No. 1987-287 finding that the special election of December 8, 1987, was duly and legally called and held, duly canvassing the results and declaring that the question to issue $2,650,000 general obligation bonds for an ice arena was not approved by a vote of 778 yes, 1,926 no, 1 spoiled or blank, for a total vote of 2,705. Ayes - 5 - Nays - O. RES. 1987-287 CANVASS ELECTION RESULTS RES. 1987-288 1988 ENTERPRISE FUNDS BUDGETS RES. 1987-289 AWARD CONTRACT PROJ. 85-236 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-288 approving the Enterprise Funds Operating Budgets for 1988 with total revenue of $5,654,472 and expenditures of $6,316,359. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1987- 289 finding that omission of the name of the manufacturer did not affect the substance of a bid and awarding the contract for Project 85-236, Water Treatment Facility, to Lovering Associates, Inc., the low bidder, in the amount of $4,332,000.00. Mayor Branning said a letter was received from legal counsel representing Bor-Son Construction, the second low bidder, requesting rejection of the low bid on a technicality. The City Attorney has reviewed the matter and by his letter dated December 4, 1987, gave the opinion that such omission does not affect the substance of the bid. Vote was taken on the motion. Ayes - 5 - Nays CITY OF APPLE VALLEY Dakota County, Minnesota December 10, 1987 Page 5 MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1987-290 rejecting all bids received November 20, 1987, for an Emergency Vehicle Traffic Signal Preemption System and authorizing Short Elliot Hendrickson, Inc., to prepare revised specifications with installation modifications for future rebidding. Ayes - 5 - Nays - 0. RES. 1987-290 REJECT SIGNAL PREEMPT BIDS ORDINANCE 406 NOISE NUISANCE BY ANIMALS ORDINANCE 407 AUTHORITY TO ISSUE CITATIONS NAME NEW REC. BUILDING A.V. COMMUNITY CTR. CLAIMS & BILLS MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 406 amending City Code Chapter 5 by making it a nuisance for animals to habitually emit loud or unusual noises at any time. Ayes - 5 - Nays ~ 0. MOTION of Holton, seconded by Goodwin, passing Ordinance No. 407 amending City Code Chapters 5, 6 and 10 by authorizing the animal warden, building official, fire marshal and fire chief to issue citations for code violations in their respective areas of authority. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, approving the official name for the new community center recreation building, located at 14601 Hayes road, as "Apple Valley Community Center" effective upon its completion and acceptance. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31145, 58369 through 58442, 58451 through 58563, 58565 and 58567 through 58599, in the total amount of $10,638,118.15. Ayes - 5 ~- ~ays - 0. MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes ~ 5 - Nays - 0. The meeting was adjourned at 8:25 o'clock p.m.