CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 26th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin, Humphrey, and Sterling.
ABSENT: None.
City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow.
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.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0.
AUDIENCE
Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. No one was present to speak. The Mayor thanked the Apple Valley High School Valley Company Carolers for participating in the 11th annual holiday decoration lighting ceremony held prior to the Council meeting.
CONSENT AGENDA
MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of November 14th, 1996, as written. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-274 accepting, with thanks, the donation of $2,800.00 from Apple Valley American Legion Post 1776 to replace the Ring Route American flags. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-275 accepting, with thanks, the donation of $30.00 from Minnegasco for Fire Department equipment. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving the 1997 Joint Powers Agreement for the South Metro Drug Task Force and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving the 15-year Site Lease Agreement with Nextel Communications to place an equipment shelter on the Palomino Water Reservoir site and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, endorsing the variance request dated October 29, 1996, of Fischer Sand & Aggregate Co. for three above-ground fuel storage tanks, on a site south of the intersection of County Road 42 and Johnny Cake Ridge Road, as described in the Fire Marshal’s memo dated November 19, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-276 receiving and authorizing distribution of the Environmental Assessment Worksheet (EAW) for the proposed Fischer Market Place development as required by Minnesota Rules. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-277 approving the final plat and Subdivision Agreement for Diamond Path Townhomes Second Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-278 receiving the preliminary engineering report on Project 97-522, Valley Pines Townhomes Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on January 9, 1997. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving Supplemental Agreement No. 1 (change order number 1) to the contract with VI-CON, Inc., for Project 96-505, 1996 Street Maintenance Program, in the amount of an additional $29,836.26. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Custom Fire Apparatus, Inc., for a Fire/Pumper Truck and Equipment in the amount of a $900.00 deduction. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, accepting the Fire/Pumper Truck and Equipment as final and authorizing final payment on the contract with Custom Fire Apparatus, Inc., in the amount of $116,348.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, accepting the Apple Valley Community Center Gym Floor Repair as final and authorizing final payment on the contract with Schaefer Hardwood Floors, Inc., in the amount of $2,278.15. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving reduction of the subdivision financial guarantee for Hidden Valley Townhomes from $68,700.00 to $12,316.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated November 26, 1996. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
VACATION OF EASEMENTS FOR THE SUMMIT
Mayor Branning called the public hearing to order, at 8:03 p.m., to consider vacating drainage and utility easements on Lot 1, Block 1, Williamsburg Addition; and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed purpose of the proposed vacation as described in the memo dated November 21, 1996. The lot is being included in the plat of The Summit and new easements will be provided. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:05 p.m.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-279 completing vacation of drainage and utility easements on Lot 1, Block 1, Williamsburg Addition (being replatted as The Summit). Ayes - 5 - Nays - 0.
1997 LIQUOR, WINE & BEER LICENSE RENEWALS
Mayor Branning called the public hearing to order at 8:06 p.m. to consider renewal applications for on-sale liquor, wine and beer licenses for 1997 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the applications and noted that issuance is subject to receiving necessary bond and insurance documents by December 15, 1996. Draft resolutions have been prepared for the on-sale liquor and wine license renewals. On-sale beer licenses can be approved by motion. The applicants are as follows:
On-sale intoxicating liquor & special license for Sunday liquor sales - 1. Rich Mgt., Inc., d/b/a Apple Place, 14917 Garrett Avenue; 2. H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, 7721 West 147th Street; 3. Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, 7543 West 147th Street; 4. Lancer Food Service, Inc., at the Minnesota Zoological Garden; 5. LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon, 15020 Glazier Avenue; 6. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue.
Club on-sale intoxicating liquor & special license for Sunday liquor sales - Apple Valley American Legion Post 1776, at 14521 Granada Drive.
On-sale wine license - 1. C.I.A.O., Inc., d/b/a Broadway Station, 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, 7534 West 149th Street.
On-sale 3.2 percent malt liquor or beer - 1. C.I.A.O., Inc., d/b/a Broadway Station, 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, 7534 West 149th Street; 3. Pizza Huts of the Northwest, Inc., 7666 West 149th Street; 4. City of Apple Valley, d/b/a Valleywood Golf Course, 4851 West 125th Street; 5. Joel Watrud, d/b/a Apple Valley Golf Course, 8661 West 140th Street.
The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:07 p.m.
MOTION: of Goodwin, seconded by Humphrey, approving renewal for 1997 of on-sale licenses by adopting Resolutions No. 1996-280 for Rich Mgt., Inc., d/b/a Apple Place; No. 1996-281 for H.O.C., Inc., d/b/a Rascals; No. 1996-282 for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; No. 1996-283 for Lancer Food Service, Inc.; No. 1996-284 for LRB Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon; No. 1996-285 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 1996-286 for Apple Valley American Legion Post 1776; No. 1996-287 for C.I.A.O., Inc., d/b/a Broadway Station; No. 1996-288 for Jade Island Chinese Cuisine, Inc., d/b/a Jade Island; and approving on-sale and off-sale beer licenses as listed in the City Clerk's memo dated November 22, 1996. Ayes - 5 - Nays - 0.
PROJECT 96-443, VALLEY OAKS TOWNHOMES UTILITY IMPROVEMENTS
Mayor Branning opened the public hearing, at 8:08 p.m., continued from November 14, 1996; to consider Project 96-443, Valley Oaks Townhomes Utility Improvements. Mr. Gretz said the developer has requested proceeding with Phase 1, on the east side of Pennock Avenue, only at this time. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:09 p.m.
MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1996-289 ordering installation of Phase 1 of Project 96-443, Valley Oaks Townhomes Utility Improvements. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1996-290 directing the City Engineer to prepare plans and specifications for Phase 1 of Project 96-443, Valley Oaks Townhomes Utility Improvements. Ayes - 5 - Nays - 0.
ORDINANCE CLARIFYING MOTOR VEHICLE DEFINITION
Mr. Gretz gave the first reading of an ordinance amending City Code Sections 18-5 and 19-23 by incorporating the state law definition of a motor vehicle into the Code as it relates to obstructions in the right-of-way and parking. Mr. Sheldon noted the purpose is to clarify that a trailer is also a vehicle and falls under the same restrictions. The Council accepted the first reading. The second reading will be scheduled for December 12, 1996.
ORDINANCE AMENDING FEES & BUILDING CODE REFERENCES
The City Clerk gave the first reading of an ordinance amending City Code Sections 1-23, 6-2, and 6-3 adjusting certain fees and correcting language related to Uniform Building Code enforcement as described in her memo dated November 22, 1996. The Council accepted the first reading. The second reading will be scheduled for December 12, 1996.
SET MEETING
MOTION: of Sterling, seconded by Erickson, setting a special meeting for end of the year business at 12:00 noon on December 30, 1996. Ayes - 5 - Nays - 0.
COUNCIL ITEMS AND COMMUNICATIONS
It was noted that Councilmembers Goodwin and Sterling and the City Administrator attended the League of Minnesota Cities policy adoption meeting on November 22, 1996.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check registers dated November 6th, 1996, in the amount of $1,172,244.97; November 20th, 1996, in the amount of $1,485,048.96; and November 25th, 1996, in the amount of $8,643,182.93. Ayes - 5 - Nays - 0.
CLOSE MEETING FOR LABOR NEGOTIATIONS
MOTION: of Humphrey, seconded by Sterling, to close the meeting, under the provisions of M.S. 471.705, Subd. 1a, to consider LELS (Police) labor negotiations issues. Ayes - 5 - Nays - 0.
The meeting was closed at 8:17 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Gretz, City Clerk Mueller, Human Resources Manager Margarit, and Police Chief Willow. The proceedings were tape recorded, pursuant to law. Frank Madden, labor relations consultant for the City, attended at 8:29 p.m. The Council reconvened in open session at 8:58 p.m.
MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:59 o’clock p.m.