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HomeMy WebLinkAbout04/25/1996CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 25th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: Mayor Branning. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Captain Cook, Police Captain Erickson, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, and Public Works Director Miranowski. Acting Mayor Sterling 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 Humphrey, approving the agenda for tonight’s meeting as amended. Ayes - 4 - Nays - 0. AUDIENCE Acting Mayor Sterling 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. VOLUNTEER RECOGNITION WEEK Acting Mayor Sterling read a proclamation proclaiming the week of April 21-27, 1996, as “Volunteer Recognition Week”. She noted that a reception was held prior to the meeting for commission and committee members and volunteers who participated in last year’s storm drain stenciling project. CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, moving consideration of the April 11, 1996, minutes to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS Resolution No. 1996-87 MOTION: of Humphrey, seconded by Goodwin, adopting designating Midway Bank of Apple Valley as the official depository for City funds, for 1996, and accepting its deposit collateral. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1996 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving issuing notice to Marcus Cable of the request to extend cable system wiring to the City’s Law Enforcement Facility and authorizing the Mayor to execute the notice, as described in the Assistant to the Administrator’s memo dated April 22, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-88 MOTION: of Humphrey, seconded by Goodwin, adopting amending the on-sale liquor license granted to H.O.C., Inc., d/b/a Rascals-Apple Valley-Bar & Grille, at 7721 West 147th Street, to include the outdoor seating area, identified on Exhibit A, as part of the licensed premises. Ayes - 4 - Nays - 0. Resolution No. 1996-89 MOTION: of Humphrey, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 96-507, Goodwill Industries (Quad Partnership Addition) Utility and Streetscape Improvements, and setting a public hearing on it at 8:00 p.m. on May 9, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-90 MOTION: of Humphrey, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 95-507, Goodwill Industries (Quad Partnership Addition) Utility and Streetscape Improvements. Ayes - 4 - Nays - 0. Resolution No. 1996-91 MOTION: of Humphrey, seconded by Goodwin, adopting awarding the contract for Project 96-510, Hunters Wood Townhomes 5th & 6th Additions Utility Improvements, to CECA Utilities, the low bidder, in the amount of $90,448.25. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting various contracts for Hayes Park Arena construction as final and authorizing final payments, in the total amount of $6,616.10, as listed in the Parks & Recreation Director’s memo dated April 22, 1996. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving the Fire Department’s 1995 Annual Report. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring Suzann e Hatcher for the full-time position of Police Officer effective April 26, 1996, as listed in the Personnel Report dated April 25, 1996. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated April 25, 1996. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a temporary salary adjustment for Judy Finger, Human Resources Technician, for the period December 1, 1995, and CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1996 Page 3 continuing until the Human Resources Coordinator position is filled, as described in the City Administrator’s memo dated April 25, 1996. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of April 11th, 1996, as corrected on page 3; the comment on traffic was by Councilmember Sterling; and on page 4; vote on the motion to table was Ayes - 3 - Nays - 2 (Branning and Humphrey). Ayes - 4 - Nays - 0. POLICE OFFICER HATCHER OATH OF OFFICE Police Captain Erickson introduced Suzanne Hatcher, who will begin her duties as Police Officer April 26, 1996. The City Clerk then administered the oath of office to Ms. Hatcher. SHEPHERD OF THE VALLEY LUTHERAN CHURCH EASEMENT Acting Mayor Sterling called the public hearing to order, at 8:07 p.m., to consider vacating a drainage and utility easement on Lot 16, Block 1, Pinecrest 2nd Addition; and noted receipt of the affidavit of publication of the hearing notice. As described in the Community Development Director’s memo dated April 22, 1996; Shepherd of the Valley Lutheran Church acquired adjacent unplatted property and is combining it with this lot. Acting Mayor Sterling said there have been letters in the newspaper concerning the location of a dumpster on the site and asked if it is affected by the easement? Mr. Kelley said the site has been reviewed and the location of the dumpster meets the City Code requirements. The Acting Mayor asked for questions or comments from the public. There were none and the hearing was declared closed at 8:09 p.m. Resolution No. 1996-92 MOTION: of Goodwin, seconded by Humphrey, adopting completing vacation of the drainage and utility easement along the south side of Lot 16, Block 1, Pinecrest 2nd Addition; for Shepherd of the Valley Lutheran Church, and authorizing filing the Notice of Completion with Dakota County. Ayes - 4 - Nays - 0. PROJECT 96-515, WATERFORD VILLAGE 2ND ADDITION IMPROVEMENTS Acting Mayor Sterling called the public hearing to order, at 8:10 p.m., to consider Project 96-515, Waterford Village 2nd Addition Utility and Street Improvements; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated March 21, 1996. The Acting Mayor asked for questions or comments from the Council and the public. CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1996 Page 4 Councilmember Erickson asked why there is only a small section of sidewalk included? Mr. Kelley said the policy does not require sidewalk on a residential street unless it functions as a collector. The section of sidewalk will connect with a sidewalk coming from the west. It also makes a connection to sidewalk on the east side of Flagstaff Avenue south of 140th Street. There were no further questions or comments and the hearing was declared closed at 8:14 p.m. Resolution No. 1996-93 MOTION: of Erickson, seconded by Goodwin, adopting ordering installation of Project 96-515, Waterford Village 2nd Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. WHITNEY PLAZA PHASE II Mr. Kelley reviewed revisions to the proposed rezoning and building permit authorization for Whitney Plaza, Phase II, as requested at the April 11, 1996, meeting. He reviewed the traffic engineer’s report on traffic and parking dated April 18, 1996. The planned development ordinance will now only allow a class II restaurant under a conditional use permit. Ordinance No. 614 MOTION: of Humphrey, seconded by Goodwin, passing amending Article A19 of Appendix A of the City Code, Planned Development Designation No. 532; by revising permitted and conditional uses, limiting restaurant uses to 33 percent of the floor area, and adjusting the boundary between zones 1 and 2 to include Lots 1 and 2, Block 1, Delegard 2nd Addition, in zone 1; as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1996-94 MOTION: of Humphrey, seconded by Goodwin, adopting approving the site plan and authorizing issuance of a building permit to Mattress Liquidators for a multi-tenant building on Lots 1 and 2, Block 1, Delegard 2nd Resolution No. 1996-95 Addition, with conditions; and adopting granting a conditional use permit for a class II restaurant on the site, not to exceed 5,394 square feet, with conditions; all as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE REGULATING NOISES AND NOISY PARTIES Police Captain Erickson gave the first reading of a proposed ordinance adding Sections 14-83 and 14-84 to the City Code regulating noise from electronic sound systems and audio equipment and from parties or gatherings. It has been modified from the draft presented December 21, 1995, to address concerns related to school, church, Zoo and other public activities. The Council accepted the first reading. The second reading will be scheduled for May 9, 1996. INFORMATION KIOSK PROPOSAL CITY OF APPLE VALLEY Dakota County, Minnesota April 25, 1996 Page 5 Mr. Gretz reviewed a proposal from Interactive Media Technologies, Inc., to take over maintenance of the City’s three information kiosks. The company proposes maintenance, updating and using the kiosks for advertising and ticket sales for which they will pay the City 10 percent of the income. Staff will be looking at a demonstration of the system. ALF AMBULANCE 1995 FINANCIAL AUDIT The Council received copies of ALF Ambulance’s 1995 financial audit report. Acting Mayor Sterling said the Board has been preparing the 1997 budget and it appears the subsidy will remain at $.50 per capita. CLAIMS AND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated April 18, 1996, in the amount of $4,603,404.10; and April 24, 1996, in the amount of $294,268.93. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:29 o’clock p.m.