HomeMy WebLinkAbout06/06/1996CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held
June 6th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall.
PRESENT: Mayor Branning; Councilmember s 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, 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
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.
CONSENT AGENDA
MOTION: of Humphrey, seconded by Goodwin, accepting revisions to street equipment
specifications, Alimagnet Landing grading permit, and personnel items and
approving all items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting
of May 9th, 1996, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained).
MOTION: of Humphrey, seconded by Goodwin, proclaiming “Flag Day” on June 14, 1996;
and “Pause for the Pledge” at 6:00 p.m. on that date; and urging all citizens to
participate in these events. Ayes - 5 - Nays - 0.
Resolution No. 1996-111
MOTION: of Humphrey, seconded by Goodwin, adopting
accepting, with thanks, a donation of $420.00 towards Men’s Recreational Softball
League from Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Page 2
Resolution No. 1996-112
MOTION: of Humphrey, seconded by Goodwin, adopting
approving an Application for Exemption from Lawful Gambling License from
Church of the Risen Savior for an event on September 22, 1996, at 14452 Hayes
Road, and waiving any waiting period for State Gambling Board approval. Ayes -
5 - Nays - 0.
MOTION: of Hu mphrey, seconded by Goodwin, approving issuance of party permits to Paul
and Gayle Bergevin, valid on June 22, 1996; to Linda Harris, valid on June 29,
1996; and to Linda Ruth, valid on July 14, 1996; for picnics at Alimagnet Park
pursuant to City Code Section 14.5-3(g)(1). Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving issuance of a 1996 Precious Metal
Dealer License to Roger Jay Feichtinger, d/b/a Jay F. Jeweler, at 15050 Cedar
Avenue. Ayes - 5 - Nays - 0.
Resolution No. 1996-113
MOTION: of Humphrey , seconded by Goodwin, adopting setting a
public hearing, at 8:00 p.m., on June 27, 1996, on the application of LRB
Restaurant Company, d/b/a Grizzly’s Grill N’ Saloon, for an On-Sale and Sunday
Liquor License at 15020 Glazier Avenue (Part of Lot 2, Block 1, Apple Valley
Commercial Addition). Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, certifying local performance measures to the
Minnesota Department of Revenue for Local Performance Aid payable in 1997 and
authorizing the Mayor and Councilmember Sterling to sign the certification. Ayes
- 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, appointing Community Development
Director Rick Kelley as alternate representative to the Minnesota Valley Transit
Authority, replacing Assistant Planner Kathy Bodmer, as described in his memo
dated June 3, 1996. Ayes - 5 - Nays - 0.
Resolution No. 1996-114
MOTION: of Humphrey, seconded by Goodwin, adopting
approving exercising the transit services local levy option, for transit tax payable in
1997, by levying the maximum of 88 percent of transit tax revenues for the transit
levy year, in the amount of $1,056,303.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving an Agreement, through December
31, 1998, with Interactive Media Technologies, Inc., for management of the City’s
three community information kiosks and authorizing the Mayor and Clerk to sign
the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving the Joint Pow ers Agreement with
Dakota County for the Enhanced Fine Revenue Collection Program, effective
CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Page 3
January 1, 1996, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving a joint Contract with Burnsville
and the Dakota County Soil & Water Conservation District for its Urban Resource
Grant Program, in the amount of $2,000.00 per City, for ecological restoration of
Lake Alimagnet, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -
Nays - 0.
Resolution No. 1996-115
MOTION: of Humphrey, seconded by Goodwin, adopting granting
a Conditional Use Permit to allow construction of a car wash on Lot 1, Block 1,
Kwik Trip Addition, with conditions as recommended by the Planning
Commission. Ayes - 5 - Nays - 0.
Resolution No. 1996-116
MOTION: of Humphrey, seconded by Goodwin, adopting
directing the City Engineer to prepare a preliminary feasibility report for Project
96-520, Wyndemere 3rd Addition Utility and Street Improvements. Ayes - 5 -
Nays - 0.
Resolution No. 1996-117
MOTION: of Humphrey, seconded by Goodwin, adopting
directing and authorizing the City Engineer to prepare plans and specifications for
Project 96-521, Cedar Isle Estates 5th Addition Utility and Street Improvements.
Ayes - 5 - Nays - 0.
Resolution No. 1996-118
MOTION: of Humphrey, seconded by Goodwin, adopting
approving plans and specifications for Project 96-515, Waterford Village 2nd
Addition Utility and Street Improvements, and authorizing advertising for receipt
of bids on July 8, 1996, at 10:00 a.m.. Ayes - 5 - Nays - 0.
Resolution No. 1996-119
MOTION: of Humphrey, seconded by Goodwin, adopting
approving specifications for a Dump Body and Snow Plow Equipment, for Street
Maintenance, and authorizing advertising for receipt of bids on June 25, 1996, at
2:00 p.m. Ayes - 5 - Nays - 0.
Resolution No. 1996-120
MOTION: of Humphrey, seconded by Goodwin, adopting
awarding the contract for Project 96-508, The Woodwinds 4th and 5th Additions
Utility and Street Improvements, to CECA Utilities, the low bidder, in the amount
of $240,842.75. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, accepting the contract with Krause-
Anderson Construction and all construction contracts for Hayes Park Arena as
final and authorizing final payment, in the amount of $14,301.80, as described in
the Park & Recreation Director’s memo dated June 3, 1996. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Page 4
MOTION: of Humphrey, seconded by Goodwin, accepting the contract with Nordling
Construction Co., Inc., for the Hayes Senior Center Addition as final and
authorizing final payment, in the amount of $28,038.56, as described in the Park &
Recreation Director’s memo dated June 3, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving issuance of a grading permit on
Lots 4 and 5, Block 1, Alimagnet Landing, to Land Images, Inc., with conditions
as described in the Assistant Planner’s memo dated June 3, 1996, and the letter of
understanding dated June 4, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving reduction of subdivision financial
guarantees for: Williamsburg 2nd Addition, from $101,300.00 to $46,500.00; and
Cedar Isle Country Homes, from $130,300.00 to $60,800.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving a consultant services agreement
with David Steimer, d/b/a Pragmatech, for Liquor Stores Point of Sale and
Inventory Hardware, Software and Services (cash registers), as described in the
City Clerk’s memo dated June 3, 1996, and authorizing the Mayor and Clerk to
sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving a contract with Budget
Sandblasting & Painting, Inc., for hydrant painting, as described in the Utility
Superintendent’s memo dated June 6, 1996, and authorizing the Mayor and Clerk
to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving the 1996 contract with Dakota
County for Sentence to Service Program Work Crews, as described in the Park
Superintendent’s memo dated June 3, 1996, and authorizing the Mayor and Clerk
to sign the same. 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 June 6, 1996.
Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
ALIMAGNET LANDING GRADING PERMIT
The Council asked for a summary of the issues regarding the grading permit for Lots 4 and 5,
Block 1, Alimagnet Landing, approved on the consent agenda. Ms. Bodmer reviewed her memo
and the letter of understanding. Councilmember Erickson commented on Lot 3 grading and said
he supports the requirement for restoration.
CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Page 5
INTERACTIVE MEDIA TECHNOLOGIES KIOSK MANAGEMENT AGREEMENT
Mayor Branning commented on the proposal by Interactive Media Technologies to manage the
City’s community information kiosks, as approved on the consent agenda. Truman Porter, of
Intuitive Solutions, who provided the initial kiosks, was present and said they will work with the
City and Interactive Media on jointly supporting the equipment.
PROJECT 96-517, WYNDEMERE 2ND ADDITION IMPROVEMENTS
Mayor Branning called the public hearing to order, at 8:20 p.m., to consider Project 96-517,
Wyndemere 2nd Addition Utility and Street Improvements, and noted receipt of the affidavit of
publication of the hearing notice. Mr. Gordon reviewed the details of the project as contained in
the preliminary engineering report dated April 18, 1996. He said the 2nd Addition is being
developed by Centex Homes in accordance with the approved preliminary plat. The Mayor asked
for questions or comments from the audience and the Council. There were none and the hearing
was declared closed at 8:25 p.m.
Resolution No. 1996-121
MOTION: of Goodwin, seconded by Humphrey, adopting ordering
installation of Project 96-517, Wyndemere 2nd Addition Utility and Street
Improvements. Ayes - 5 - Nays - 0.
Resolution No. 1996-122
MOTION: of Erickson, seconded by Sterling, adopting approving
plans and specifications for Project 96-517, Wyndemere 2nd Addition Utility and
Street Improvements, and authorizing advertising for receipt of bids, at 10:30 a.m.,
on July 8, 1996. Ayes - 5 - Nays - 0.
SNYDER ORTHODONTIC CLINIC
Ms. Bodmer reviewed the Planning Commission’s recommendation concerning a proposed
orthodontic clinic at the southwest corner of 140th Street and Essex Avenue. Brian Hanson, the
architect, and Dr. Ronald Snyder were present to review the proposal.
Councilmember Humphrey asked how the six parking spaces shown on the south will be
accessed? Mr. Hanson said they will only be installed if needed for future staff parking, under the
proof of parking conditions. The initial parking lot will have 14 spaces.
Resolution No. 1996-123
MOTION: of Erickson, seconded by Humphrey, adopting
approving the preliminary plat of East Valley Plaza 2nd Addition and directing
preparation of a development agreement, with conditions, as recommended by the
Planning Commission. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Page 6
Resolution No. 1996-124
MOTION: of Erickson, second ed by Sterling, adopting approving
the site plan and authorizing issuance of a building permit for Snyder Orthodontic
Clinic, on Lot 1, Block 1, East Valley Plaza 2nd Addition; with sidewalk
constructed along Essex Avenue and other conditions, as recommended by the
Planning Commission.
Councilmember Humphrey noted the sidewalk should extend along Upper 141st
Street when the area west of this lot develops.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
Resolution No. 1996-125
MOTION: of Goodwin, se conded by Erickson, adopting approving
issuance of a subdivision grading permit for Snyder Orthodontic Clinic on Lot 1,
Block 1, East Valley Plaza 2nd Addition, as recommended by the City Engineer.
Ayes - 5 - Nays - 0.
DANGEROUS DOG APPEAL PROCESS
Police Chief Willow gave the second reading of a proposed ordinance amending Sections 5-1 and
5-11 of the City Code regarding potentially dangerous and dangerous dogs. It provides for a
hearing before the owner is required to comply with all of the requirements in the State dangerous
dog statute. The Council accepted the second reading.
Ordinance No. 616
MOTION: of Goodwin, seconded by Erickson, passing amending City
Code Sections 5-1 and 5-11 regarding potentially dangerous and dangerous dogs
by providing for an appeal hearing process. Ayes - 5 - Nays - 0.
ORDINANCE ESTABLISHING & REGULATING LOCAL LODGING TAX
Mr. Gretz gave the first reading of a proposed ordinance establishing and regulating a local
lodging tax. A three percent tax would be collected on gross receipts of lodging fees and 95
percent of it must be used for tourism. At the next meeting, a proposed contract with the
Chamber of Commerce for tourism services will be presented for consideration. The Council
accepted the first reading. The second reading will be scheduled for June 27, 1996.
LEAGUE OF MINNESOTA CITIES CONFERENCE
Mayor Branning noted that the League of Minnesota Cities annual conference will be held in
Rochester from June 11 to 14, 1996.
CLAIMS AND BILLS
CITY OF APPLE VALLEY
Dakota County, Minnesota
June 6, 1996
Page 7
MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers
dated May 15, 1996, in the amount of $1,851,034.55; May 22, 1996, in the
amount of $281,040.53; May 31, 1996, in the amount of $6,217,239.45; and June
5, 1996, in the amount of $1,392,590.07. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:47 o’clock p.m.