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HomeMy WebLinkAbout07/25/1996CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 25th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmemb ers 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, 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 Sterling, seconded by Humphrey, 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 Sterling, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approvin g the minutes of the regular meeting of July 11th, 1996, as written. Ayes - 4 - Nays - 0 (Erickson Abstained). Resolution No. 1996-159 MOTION: of Sterling, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1976 Plymouth Valiant automobile to the Fire Department from Douglas and Janet Ackerman. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving use of Dakota County Presbyterian Church, 14401 Pilot Knob Road, as a polling place for Precinct 12 and authorizing payment of a building use fee of $100.00 per election. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Page 2 Resolution No. 1996-160 MOTION: of Sterling, seconded by Goodwin, adopting approving special assessments divisions: 21198, Cedar Isle Estates 4th Addition; 21205, unplatted parcels in Section 34; 21214, Deer Run; 21256, Nordic Woods 17th Addition; and 21261 Hyland Pointe Townhomes. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, receiving the 1997 budget for the Black Dog Watershed Management Commission with Apple Valley’s contribution in the amount of $7,186.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Standstill Agreement to Pursue Informal Franchise Renewal Procedures with Marcus Cable, Inc., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving continuation, to some future date, of consideration of improvements to Dakota Electric Association’s Fischer substation as recommended in the Public Works Director’s memo dated July 25, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-161 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat and subdivision agreement for Waterford Village Second (Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1996-162 MOTION: of Sterling, seconded by Goodwin, adopting approving the final plat and subdivision agreement for Waterford Village Townhomes Second (Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1996-163 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Project 96-515, Waterford Village 2nd and Waterford Village Townhomes 2nd Additions Utility and Street Improvements; to CECA Utilities, Inc., the low bidder, in the amount of $448,800.00. Ayes - 5 - Nays - 0. Resolution No. 1996-164 MOTION: of Sterling, seconded by Goodwin, adopting awarding the purchase of a Dump Body and Snow Plow Equipment for Street Maintenance to J-Craft, Inc., the low bidder meeting specifications, in the total amount of $41,359.05. Ayes - 5 - Nays - 0. Resolution No. 1996-165 MOTION: of Sterling, seconded by Goodwin, adopting awarding the contract for Liquor Stores Point of Sale and Inventory System (cash registers) to Retail Data Systems of Minnesota, the low bidder meeting specifications, in the total amount of $36,860.00; and authorizing purchase of hardware system components from AmeriData in the approximate amount of $36,500.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Page 3 Resolution No. 1996-166 MOTION: of Sterling, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 96-519, The Summit Utility Improvements, and setting a public hearing on it at 8:00 p.m., on August 22, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-167 MOTION: of Sterling, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 96-519, The Summit Utility Improvements. Ayes - 5 - Nays - 0. Resolution No. 1996-168 MOTION: of Sterling , seconded by Goodwin, adopting approving plans and specifications for Project 96-521, Cedar Isle Estates 5th Addition Utility and Street Improvements, and authorizing advertising for receipt of bids at 2:00 p.m., on August 15, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-169 MOTION: of Sterling, seconded by Goodwin, adopting rejecting the one bid received July 16, 1996, for Repair of Water Damaged Wood Floor at Apple Valley Community Center and reapproving the specifications and authorizing advertising for receipt of bids at 9:30 a.m., on August 5, 1996. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 6 to the contract with Fischer Sand & Aggregate, Inc., for Project 94-440, 140th Street Reconstruction, in the amount of an additional $13,192.83. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 7 to the contract with Fischer Sand & Aggregate, Inc., for Project 94-440, 140th Street Reconstruction, in the amount of an additional $13,852.01. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Arcon Construction Co., Inc., for Project 93-426, Central Trunk Interceptor Sewers, in the amount of a $38,263.90 deduction. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Project 95-474, Hyland Pointe Townhomes Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $5,924.90. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Project 95-482, Rodeo Hills 3rd Addition Utility Improvements, as final and authorizing final payment on the contract with Erickson Construction, Inc., in the amount of $11,578.67. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Page 4 MOTION: of Sterling, seconded by Goodwin, accepting Project 95-498, Garden Oaks Terrace Townhomes Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $1,000.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Project 95-499, Williamsburg 3rd Addition Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $1,000.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, accepting Project 95-504, Lots 13, 14 & 15 White Oak Ridge Improvements, as final and authorizing final payment on the contract with Hydrocon, Inc., in the amount of $550.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of subdivision guarantees for: Woodwinds 2nd Addition, from $12,500 to $6,750; Cedar Pointe, from $10,000 to 0; and Cedar Pointe 2nd, from $15,800 to 0. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving issuance of party permits to Northwest Mortgage Services and to Bob Jensen on August 3rd and 8th, 1996, respectively; for picnics at Alimagnet Park pursuant to City Code Section 14.5- 3(g)(1). Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Vincent Trammel for the full- time position of Police Cadet as listed in the Personnel Report dated July 25, 1996. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part-time and seasonal employees listed in the Personnel Report and Addendum dated July 25, 1996. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROJECT 96-520, WYNDEMERE 3RD ADDITION UTILITY & STREET IMPROVEMENTS Mayor Branning called the public hearing to order at 8:02 p.m. to consider Project 96-520, Wyndemere 3rd Addition Utility & Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated June 7, 1996, and noted the plat will have 13 single family lots. The Mayor asked for questions or comments from the Council and the audience. There were no questions. Mr. Gretz said since the final plat application has not been submitted, the hearing should be continued until August 8, 1996. The hearing was declared continued at 8:04 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Page 5 HEARTBEAT DANCE STUDIO Ms. Bodmer reviewed the Planning Commission recommendation on a proposed building for Heartbeat Dance Studio, at 7661 West 145th Street. Deborah Lysholm, the petitioner, was present to answer questions. Mayor Branning questioned the type of building construction proposed and whether a cost comparison of using brick had been done? He expressed concern that the building being proposed is a metal fabricated building with some type of siding. Ms. Lysholm said using all brick would make the building cost prohibitive. The architect was not able to be present to answer specific construction questions. MOTION: of Sterling, seconded by Branning, tabling consideration of Heartbeat Dance Studio’s building permit until August 8, 1996. Ayes - 2 - Nays - 3 (Erickson, Goodwin and Humphrey). Resolution No. 1996-170 MOTION: of Erickson, seconded by Humphrey, adopting approving a Conditional Use Permit for alternate exterior building materials for Heartbeat Dance Studio on Lot 3, Block 8, Valley Commercial Park 2nd Addition; with conditions as recommended by the Planning Commission. Councilmember Humphrey said he would be concerned about the building having a corrugated metal roof and asked what material the roof will be? Mr. Miranowski said it appears to be a standing seam metal roof. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning) (Sterling Abstained). Resolution No. 1996-171 MOTION: of Sterling, seconded by Humphrey, adopting approving a Conditional Use Permit for dance studio use in a “Limited Business” zoning district for Heartbeat Dance Studio on Lot 3, Block 8, Valley Commercial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1996-172 MOTION: of Erickson, seconded by Humphrey, adopting approving the site plan and authorizing issuance of a building permit to Heartbeat Dance Studio for a building on Lot 3, Block 8, Valley Commercial Park 2nd Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Councilmember Humphrey excused himself from the meeting at this time, 8:37 p.m., because he is the petitioner on the next item. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Page 6 OFFICE BUILDING, 14360 GLENDA DRIVE Mr. Kelley reviewed the Planning Commission recommendation on a proposed office building at 14360 Glenda Drive. Due to a shallow pipeline located on the property, variances are requested for 20-foot building setbacks from 143rd Street and from Glenda Drive. Councilmember Erickson asked what the setback is for the theater for comparison? Mr. Kelley said it has a 10-foot setback. Resolution No. 1996-173 MOTION: of Sterling, seconded by Erickson, adopting approving the site plan, authorizing issuance of a building permit and granting setback variances to allow construction of an office building located within 20 feet of the lot lines abutting 143rd Street and Glenda Drive, on Lot 5, Block 1, Bor-Nel; with conditions, as recommended by the Planning Commission. Mayor Branning asked how well the location of the pipeline was known? Mr. Kelley said the easement was there, but the depth or location of the pipeline within the easement was not known. Mayor Branning said he believes two variances are extreme for this intersection and will be a problem. He asked how many accidents there have been at the intersection of 143rd Street and Glenda Drive? Police Chief Willow said he does not have that information nor had it been requested. Councilmember Sterling asked for clarification of sidewalk installation. Mr. Kelley said there will be a five-foot wide sidewalk along two sides of this lot and along Lot 4. There is an Assessment Agreement with Norwest Bank for sidewalk installation which can also be done at this time. A project to install sidewalk along the other two lots connecting to 145th Street could also be considered. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning). Councilmember Humphrey returned to the room at this time. PLANNING COMMISSION VACANCY The Council noted a vacancy remains on the Planning Commission and one application was received today. Any one interested in appointment to fill the vacancy should submit an application to the City Clerk. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 1996 Page 7 MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated July 17th, 1996, in the amount of $613,951.74; and July 24th, 1996, in the amount of $16,786,839.16. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to ad journ. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:57 o’clock p.m.