CITY OF APPLE VALLEY
Dakota County, Minnesota
December 12, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 12th, 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, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow.
Mayor Branning called the meeting to order at 8:05 p.m.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. 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. John Schaffhausen, 5725 West 150th Street, commented on problems with access on County Road 42 by his property. There have been accident at the turn arounds in front of his house. He asked if an inlet from County Road 42 can be constructed. Staff will meet with him and review the problem.
CONSENT AGENDA
MOTION: of Sterling, seconded by Humphrey, moving MVTA Joint Powers Amendment and Commissioner recommendation to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of November 26th, 1996, as written. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving New Year’s Eve festivities at Hayes Park as requested in the Parks and Recreation Director’s memo dated December 6, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving the Agreement for Public Safety Mobile Data Communication System Services with the City of Eagan, for the period January 1, 1997, to December 31, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, receiving the report and approving disbursement of $27,654.46 of cost share funds for the 1996 Shade Tree Disease Control Program as described in the Forestry Technician’s memo dated December 6, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving the Service Agreement with the Institute for Environmental Assessment for indoor air quality testing at City Hall, as described in the Human Resources Manager’s memo dated December 12, 1996; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-291 completing vacation of part of 132nd Street, west of Pilot Knob Road, in the plat of White Oak Ridge Addition, and directing the Clerk to record the necessary documents with Dakota County. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-292 approving the final plat and Subdivision Agreement for Valley Pines and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-293 requesting the Commissioner of Transportation to approve $500,000.00 of off-system Municipal State Aid Funds for roadway construction on Cedar Avenue and County Road 42, S.A.P. No. 186-020-13. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-294 requesting the Commissioner of Transportation to approve $3,000.00 of off-system Municipal State Aid Funds for traffic signal construction on County Road 42 at Johnny Cake Ridge Road, S.A.P. No. 186-020-11. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-295 requesting the Commissioner of Transportation to approve $5,000.00 of off-system Municipal State Aid Funds for traffic signal construction on Cedar Avenue at 157th Street, S.A.P. No. 186-020-14. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-296 requesting the Commissioner of Transportation to approve advance encumbrance of $1,094,534.00 of Municipal State Aid Funds from the City’s 1997 allotment for construction projects listed in the resolution. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-297 approving the 1997 fee schedule for Valleywood Golf Course as attached to the Parks & Recreation Director’s memo dated December 5, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-298 approving the 1997 rental rates for Hayes Park Arena and the High School Arena as listed in the Arena Manager’s memo dated December 3, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving amendment of Bonestroo, Rosene, Anderlik & Associates, Inc.’s, general engineering rates for 1997 as attached to the Public Works Director’s memo dated December 5, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-299 approving the specifications for a Police and Fire Department Computer Aided Dispatch and Records Management System and authorizing advertising for receipt of proposals, at 4:00 p.m., on March 31, 1997. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-300 approving the specifications for Long Term Disability Insurance for Fulltime Employees and authorizing advertising for receipt of proposals, at 10:00 a.m., on January 14, 1997. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-301 approving allocation of damages and authorizing payment thereof in the Starks and Fields lawsuits with Minnesota Police Recruitment System (MPRS) as recommended in the City Attorney’s memo dated December 5, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving DCA, Inc.’s, 1997 Fee Schedule for Flexible Spending Account Administration and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving renewal of the Delta Dental Group Insurance Contract for 1997 as described in the Human Resources Manager’s memo dated December 12, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving the 1997-1998 Union Labor Agreement with Law Enforcement Labor Services (LELS) for Police Officers, as described in the Human Resources Manager’s memo dated December 12, 1996, and authorizing execution of the documents. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Report dated December 12, 1996. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
MVTA JOINT POWERS AGREEMENT AMENDMENT
Mayor Branning asked the Attorney to comment on proposed amendments to the MVTA Joint Powers Agreement and Bylaws. Mr. Sheldon said one of the amendments is to allow the MVTA to borrow money. The way the Board is proposed to be constituted; that is, not all of them will be elected city officials; would have to be changed to allow this. This information has been forwarded to the MVTA’s attorneys who will be researching the matter further. No action should be taken at this time.
The Mayor commented on MVTA funding issues which are restricted at this time of year because tax revenue is not received until July. He asked whether cities could advance funds to the MVTA instead of it borrowing money for operations during the first half of the year? Mr. Sheldon will research that question and report back.
MVTA COMMISSIONER AT LARGE
Mayor Branning reviewed his memo of December 6, 1996, concerning appointment of MVTA commissioner at large in January. Glenn McKee will be leaving the Burnsville City Council at the end of the year and would be an excellent candidate for the at large position.
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Mr. Kelley reviewed his memo, dated December 9, 1996, concerning 1997 Community Development Block Grant funds. The amount allocated for the City is $171,559.00 plus unused 1996 funds of $20,000.00. The recommended projects are Owobopte building acquisition and Dakota County HRA family housing site acquisition.
MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1996-302 approving applications for fiscal year 1997 Community Development Block Grant funding for Owobopte Industries, Inc., in the amount of $20,000.00; and for Dakota County HRA, in the amount of $171,559.00; and authorizing the City Clerk to execute the necessary documents. Ayes - 5 - Nays - 0.
COMPREHENSIVE PLAN AMENDMENT - AVIATION SECTION
Ms. Bodmer reviewed the Planning Commission recommendation on an amendment to the Aviation Section of the Transportation Chapter of the Comprehensive Plan. The amendment is in response to the Metropolitan Council directive to bring plans into compliance with regional aviation plans now that dual track airport planning has been abandoned.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-303 authorizing submittal of the amendment to the Aviation Section of the Transportation of the Comprehensive Plan to the Metropolitan Council for approval as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
ORDINANCE CLARIFYING MOTOR VEHICLE DEFINITION
Mr. Sheldon gave the second 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. The purpose is to clarify that a trailer is also a vehicle and falls under the same restrictions.
MOTION: of Erickson, seconded by Humphrey, passing Ordinance No. 622 amending City Code Sections 18-5 and 19-23 regulating obstruction on public ways or grounds and regulating parking by clarifying the definition of "motor vehicle" or "vehicle" consistent with State law. Ayes - 5 - Nays - 0.
ORDINANCE AMENDING FEES & BUILDING CODE REFERENCES
The City Clerk gave the second reading of an ordinance amending City Code Sections 1-23, 6-2, and 6-3 by adjusting certain fees and correcting language related to Uniform Building Code enforcement as described in her memo dated December 9, 1996.
MOTION: of Humphrey, seconded by Erickson, passing Ordinance No. 623 amending City Code Sections 1-23, 6-2, and 6-3 by adjusting certain fees and charges for various permits and services and correcting references related to building code enforcement. Ayes - 5 - Nays - 0.
SET MEETING
MOTION: of Erickson, seconded by Sterling, setting a special meeting to adopt the tax levy collectible in 1997 and budget, at 5:00 p.m., on December 19, 1996. Ayes - 5 - Nays - 0.
COUNCIL ITEMS AND COMMUNICATIONS
It was noted that the Mayor, Council, and City Administrator attended the National League of Cities conference this week.
CLAIMS AND BILLS
MOTION: of Goodwin, seconded by Humphrey, to pay the claims and bills, check registers dated December 4th, 1996, in the amount of $11,741,928.81; and December 11th, 1996, in the amount of $5,789,747.80. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:45 o’clock p.m.