City Council Minutes 10-23-1997

CITY OF APPLE VALLEY

Dakota County, Minnesota

October 23, 1997

Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 23rd, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall.

PRESENT: Mayor Humphrey; Councilmembers Erickson, Goodwin, Grendahl, and Sterling.

ABSENT: None.

City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Wrase, Finance Director Ballenger, Assistant Planner Bodmer, Police Captain Cook, 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 Humphrey 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 Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0.

TOASTMASTER MONTH

Gail DeBettignies, Vice President of the Big Apple Toastmasters Club, was present and commented on her organization’s activities in helping improve communication and leadership skills. She invited anyone interested to attend their meetings and asked the Council to proclaim October as Toastmaster Month.

AUDIENCE

Mayor Humphrey 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.

CONSENT AGENDA

MOTION: of Erickson, seconded by Sterling, adding the Toastmaster Month proclamation to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0.

CONSENT AGENDA ITEMS

MOTION: of Erickson, seconded by Sterling, approving the minutes of the regular meeting of October 9th, 1997, as written. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, proclaiming October 24, 1997, as "Sarah Pearman, Linda Shudlick, and Susan Shudlick Hometown Day" in connection with the University of Minnesota volleyball team recognition. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-228 approving an Application for Exemption from Lawful Gambling License for Sons of American Legion Squadron 1776 for an event on November 22, 1997, at 14521 Granada Drive. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-229 approving an Application for Exemption from Lawful Gambling License for Sons of American Legion Squadron 1776 for an event on December 13, 1997, at 14521 Granada Drive. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-230 approving an Application for Exemption from Lawful Gambling License for Church of the Risen Savior for a raffle on June 7, 1998, at Apple Valley Ford, 7200 West 150th Street. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-231 setting a public hearing on renewal of on-sale alcoholic beverage licenses for 1998, at 8:00 p.m., on November 25, 1997. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, approving issuance of a 1997 Christmas Tree Sales Lot License to Boy Scout Troop 205, for a site on the northwest corner of 142nd Street and Cedar Avenue. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, accepting the resignation of Andy Gustafson, as youth representative, on the Parks and Recreation Advisory Committee and thanking him for his volunteer service. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, authorizing the expenditure of up to $8,000.00 in supplies and labor for construction of the Chris DeLong Memorial Batting Cage at Apple Valley High School as described in the Parks and Recreation Director’s memo dated October 17, 1997. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-232 authorizing the transfer of City equipment supplied for construction of the Chris DeLong Memorial Batting Cage at Apple Valley High School to Independent School District No. 196. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-233 approving plans and specifications for Project 97-544, Central Storm Sewer Trunk Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 20, 1977. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1997-234 awarding the contract for Project 97-525, High School No. 4 Utility Improvements Phase 2, to Arcon Construction, the low bidder, in the amount of $348,821.30. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, approving Change Order No. 1 to the contract with McNamara Contracting for Project 97-524, 1997 Street Maintenance Program, in the amount of an additional $38,455.00 for pathway overlays and Senior Center parking lot construction. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, approving a change order to Independent School District No. 196’s contract with E & H Earth Movers for Eastview/Central Athletic Complex site development, in the amount of an additional $70,000.00, as described in the Parks and Recreation Director’s memo dated October 17, 1997. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, approving hiring Lisa Piekarski for the full-time position of Accounting Technician as listed in the Personnel Report dated October 23, 1997. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, approving reassignment of Patrick Casperson from Parks/Sports Arena to Utilities as listed in the Personnel Report dated October 23, 1997. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, approving hiring the seasonal employee as listed in the Personnel Report Addendum dated October 23, 1997. Ayes - 5 - Nays - 0.

MOTION: of Erickson, seconded by Sterling, proclaiming October 1997 as "Toastmaster Month" in recognition of the organization’s efforts to help people improve communication and leadership skills. Ayes - 5 - Nays - 0.

END OF CONSENT AGENDA

1997 SPECIAL ASSESSMENT ROLLS

Mayor Humphrey called the public hearing to order, at 8: 05 p.m., on 1997 Special Assessment Rolls No. 422 through 434 and 436 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the assessments totaling $3,487,174.00 for public improvements and $38,731.88 for delinquent utility charges. He asked that Assessment Roll No. 425, in the amount of $195,300.00, be removed from adoption at this time. The contract costs are not final and it will be rescheduled for adoption in May of 1998. No written objections to any assessments have been received. 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 Sterling, adopting Resolution No. 1997-235 approving and levying 1997 Special Assessment Rolls No. 422 through 424 and 426 through 434, in the revised total amount of $3,291,874.00. Ayes - 5 - Nays - 0.

MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1997-236 approving and levying 1997 Special Assessment Roll No. 436, in the total amount of $38,731.88. Ayes - 5 - Nays - 0.

DENTAL CLINIC BUILDING PERMIT

Ms. Bodmer reviewed the Planning Commission’s recommendation on the application of Dr. Shelley Wakefield for a building permit for a dental clinic on the southeast corner of 146th Street and Pennock Avenue. It is proposed to be constructed on two lots, which will be combined as one tax parcel or can be replatted if the additional area is not needed for parking. Dr. Wakefield was present to describe the proposed building and answer questions.

MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1997-237 approving the site plan and authorizing issuance of a building permit for a dental clinic on Lots 2 and 3, Block 1, Valley Commercial Park 4th Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

FAMOUS DAVE’S BBQ VARIANCE

Mr. Kelley reviewed the Planning Commission’s recommendation on the application of Famous Dave’s BBQ Restaurant for a setback variance for a dining porch on its building at 7543 West 147th Street. The three-season porch is proposed to be constructed on part of the existing concrete patio area.

MOTION: of Grendahl, seconded by Sterling, granting a setback variance to allow construction of a three-season porch to within 18 feet of the front lot line on Lot 2, Block 3, Valley Commercial Park 1st Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0.

SUBURBAN TRANSIT ASSOCIATION MEMBERSHIP

Mr. Gretz reviewed his memo dated October 20, 1997, concerning continued membership in the Suburban Transit Association. It was noted that the transit tax levy cannot be used to pay the dues of $8,316.00. General levy limits have been imposed on the City making the cost a budget impact issue. Mayor Humphrey and Councilmember Grendahl concurred with withdrawal from the Association since the City’s membership in the Municipal Legislative Commission adequately addresses transit legislative issues.

MOTION: of Grendahl, seconded by Sterling, adopting Resolution No. 1997-238 declaring the City’s withdrawal from membership in the Suburban Transit Association. Ayes - 5 - Nays - 0.

ORDINANCE REVISING PERSONNEL CODE

Ms. Margarit gave the second reading of an ordinance amending City Code Sections 16-15 to 16-17 and 16-27 related to employee benefits. It would provide annual leave and holiday pay for certain part-time employees in year around regularly scheduled positions. Another provision would clarify that an employee does not accrue benefits during an unpaid parental leave.

MOTION: of Sterling, seconded by Erickson, passing Ordinance No. 635 amending City Code Sections 16-15 to 16-17 and 16-27 related to employee benefits by providing annual leave and holiday pay for certain part-time employees, in year around regularly scheduled positions; and clarifying that an employee does not accrue benefits during an unpaid parental leave. Ayes - 5 - Nays - 0.

ORDINANCE AMENDING SNOWMOBILE REGULATIONS

Mr. Gretz gave the first reading on an ordinance amending City Code Section 19-42(a), defining areas of permitted and prohibited snowmobile operation. Due to development south of County Road 42, the snowmobile clubs have no longer been marking trails in the area and their operation should be prohibited. The Council received a letter dated October 17, 1997, from the City of Lakeville concurring with the proposal and indicating a lot where trailers can be parked will be established in Lakeville.

MOTION: of Erickson, seconded by Goodwin, waiving the second reading and passing Ordinance No. 636 amending City Code Section 19-42(a) to read: The operation of snowmobiles is hereby prohibited in the city except on trails specifically marked as "snowmobile trails" within the boundaries of Lebanon Hills Regional Park. Ayes - 5 - Nays - 0.

RESCHEDULE COUNCIL MEETING

MOTION: of Goodwin, seconded by Erickson, rescheduling the informal and regular City Council meetings of November 13, 1997, to November 6, 1997, at 6:30 p.m. and 8:00 p.m., respectively, to allow attendance at an Association of Metropolitan Municipalities meeting. Ayes - 5 - Nays - 0.

CLAIMS AND BILLS

MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated October 15, 1997, in the amount of $727,779.06; and October 22, 1997, in the amount of $1,207,550.25. Ayes - 5 - Nays - 0.

MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.

The meeting was adjourned at 8:28 o’clock p.m.