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HomeMy WebLinkAbout11/08/1984CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1984 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 8th, 1984, at 8:00 o'clock p.m. at City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick; Clerk Asleson. ABSENT: None. 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 Savanick, seconded by Goodwin, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA MOTION: of Holton seconded by Humphrey, approving all items on the con- CONSENT AGENDA sent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, approving a license for Apple Valley High School Band Boosters Club to hold a raffle on November 11, 1984. Ayes - 5 - Nays - 0. BAND BOOSTERS RAFFLE LICENSE PROJ. 83-3(2) CHANGE ORDER 2 RES. 1984-187 VACATN. HEARING COBBLESTONES I RELEASE DIAMOND PATH llTH L.O.C. PROJ. 84-13 CHANGE ORDER 1 AUDIENCE DISCN. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 2 to the contract with Fischer Sand & Aggregate for Project 83-3, Part 2, in the amount of $6,200.00 for installation of two water hydrants; one at True Value Hardware and one at Wendy's Restaur- ant. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1984- 187 setting a public hearing at 8:00 p.m. on December 13, 1984, to consider vacating a street between Lot 11, Block 3, and Lot 1, Block 4, in Cobblestones I. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, authorizing release of a letter of credit in the amount of $16,900 guaranteeing improvements in Diamond Path llth Addition. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Humphrey, approving Change Order No. 1 to the contract with Encon Utilities for Project 84-13, Forest Park Estates 4th Addition, in the amount of an additional $1,575.00. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ITEMS Mayor Branning asked if anyone 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. The Council received and reviewed the official returns of the Judges of Election of the November 6, 1984, State, County and City General Elections. The returns showed a total of 12,322 voters for a city-wide voter turnout of 76 percent. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1984 Page 2 MOTION: of Holton, seconded by Savanick, adopting Resolution No. 1984- 188 canvassing the returns of the November 6, 1984, General Election and declaring Will Branning to be elected as Mayor for a two-year term and Tom Goodwin and Gary Humphrey to be elected as Councilmembers for four-year terms all commencing January 2, 1985. Ayes - 5 - Nays - 0. RES. 1984-i88 CANVASS NOV. 6, 1984, ELECTION RETURNS Rick Kelley reviewed his memo dated November 2, 1984, with the Council concerning a Community Development Block Grant (CDBG) funding application from Community Action Council. He reviewed the application process and said District #3, con- taining the communities of Apple Valley, Burnsville and Eagan, has been allocated $300,000 and the application is for $300,000. No other CDBG applications have been made to Apple Valley and applications must be submitted to the Review Committee by December 1, 1984. Frank Brennan and Mary Ajax, of Community Action Council, were present and descrbied the B. Robert Lewis House usage, community programs and plans for construction of a new facility. The present shelter is too small and unsuitable for an addition and would be sold. Those funds, in addition to the grant funds, would be used to construct a new facility on a three-acre site in Eagan. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1984- 189 approving and supporting the application of Community Act- ion Council for a $300,000 Community Development Block Grant to assist in construction of a new facility for the B. Robert Lewis House for battered women and authorizing the Mayor and Clerk to sign the application. Ayes - 5 - Nays - 0. RES. 1984-189 SUPPORT CAC CDBG FUNDING APPLICATION John Gretz reviewed his memo dated October 30, 1984, concerning a proposed Tom Thumb Store at I27th Street and Cedar Avenue which addressed the Council's concerns of its October 11, 1984, meeting. Neither Mn/DOT nor Dakota County have a problem with access to 127th Street or the proximity of the Cedar Avenue entrance ramp to the driveway. A non-exclusive easement for driveway purposes is proposed across Lot 1 to guarantee access to Germane Avenue. MOTION: of Savanick, seconded by Humphrey, approving the preliminary plat of Cedar Knolls Commercial, a conditional use permit for motor fuel sales on Lot 2 for Tom Thumb and authorizing issu- ance of a building permit for a Tom Thumb Store on Lot 2, as recommended by the Planning Commission, subject to an easement for driveway purposes across Lot 1 and access restrictions to 127th Street as required by Mn/DOT and Dakota County. Ayes - 5 - Nays - 0. CEDAR KNOLLS COMML./TOM THUMB PRELIM. PLAT &'PERMITS BLACK DOG LAKE WATERSHED J.P. AGREEMENT MOTION: of Goodwin, seconded by Holton, approving a Joint Powers Agreement establishing a Watershed Management Organization for the Black Dog Lake Watershed with the Cities of Lakeville, Burnsville, Eagan and Savage. Mr. Gretz reviewed the agreement and said it is similar to the agreement for the Vermillion organization. The City Attorney's letter dated November 21, 1983, com- menting on the agreement was also received. CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1984 Page 3 Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz reviewed his memo dated October 29, 1984, concerning public: improvements associated with construction of T.H. #77 between Cedar Avenue and Johnny Cake Ridge Road. Mn/DOT is scheduled to receive bids on the work December 21, 1984, with con- struction during 1985 and 1986. The City will need to consider related storm sewer, utility and street improvements. Mr. Gretz said traffic on Galaxie Avenue will have to be detoured and Mn/DOT suggested 132nd Street as the most logical detour. The street would have to be upgraded and he would recommend requesting a preliminary engineering report covering all of these improvements. Councilmember Savanick asked that the report also explore other methods of financing 132nd Street upgrading in addition to special assessments. MOTION: of Goodwin, seconded by Humphrey, directing the Engineer to pre- pare a preliminary feasibility report on public improvements related to construction of east-west T.H. #77 and improvements to 132nd Street between Cedar and Galaxie Avenues. Ayes - 5 - Nays - 0. PRELIM. REPORT T.H. #77 & 132ND STREET IMPROVEMENTS RES. 1984-190 SET NEARING LEGION CLUB LIC. RES. 1984-191 SET HEARINGS 1985 LIQUOR LIC. RENEWALS SET INFORMAL MEETING MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1984- 190 setting a public hearing at 8:00 p.m. on December 13, 1984, on an application from Apple Valley American Legion Post 1776 for an on-sale club liquor license. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1984- 191 setting public hearings at 8:00 p.m. on December 13, 1984, on 1985 renewal applications for on-sale and Sunday liquor licenses for Apple Bowl, Inc., d/b/a Benji's Apple Valley Bowl; Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; Jim The Greek, Inc.; and Shonrik Development, Inc., d/b/a R. Berry's. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, setting an informal meeting on November 15, 1984, from 11:00 a.m. to 1:00 p.m. at City Hall for the purpose of reviewing a proposed update of the Fire Department ordinance and cancelling the regular informal meeting at 8:00 p.m. on November 15, 1984. Ayes - 5 - Nays - 0. Mr. Gretz said the City has the opportunity to acquire half of a lot which has been used for access to the Palomino Water Tower, by paying back taxes and special assess- ments. He would recommend acquiring the property to preserve access to undeveloped property south of Palomino Drive as well as the City's water tower. MOTION: of Holton, seconded by Goodwin, authorizing the expenditure of $2,640.00 to acquire the west half of Lot 9, Block 3, Palomino Hills 2nd Addition for road-right-of-way purposes. Ayes - 5 - Nays - 0. ACQUIRE PART OF LOT 9, BLK 3, P.H. 2ND ADDN. Mr. Gretz said, when the contract for the Fischer pond pump was awarded on October 4, 1984, it was contingent on receiving executed easements for storm water drainage on the property south of County Road 42. The City Attorney is now advising that CITY OF APPLE VALLEY Dakota County, Minnesota November 8, 1984 Page 4 because there was a culvert under County Road 42, before it was improved, and a drainage way to the south, no easement is necessary for the natural drainage. Mr. Sheldon said the contingency on execution of the contract should be removed because it is not necessary for the City to acquire an easement which already exists. Eng- ineering studies will be done, but the contract should proceed. MOTION: of Goodwin, seconded by Holton, amending Resolution No. 1984- 165, awarding the contract on Project 84-26, Fischer Pond Pump, by removing the condition that easements be acquired before execution of the contract documents by the Mayor and Clerk. Ayes - 5 - Nays - 0. AMEND PROJ. 84-26 CONTRACT AWARD TERMS CLAIMS & BILLS MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31074, 40089 through 40111, 40113 through 40160, 40169 through 40243, 40245 through 40250 and 40252 through 40283, in the total amount of $1,656,575.05. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:10 o'clock p.m.