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HomeMy WebLinkAbout08/22/1996CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 22nd, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Council members Erickson, Humphrey, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Molenda, City Engineer Gordon, Community Development Director Kelley, Human Resources Manager Margarit, 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 presented. Ayes - 4 - Nays - 0. RING-AROUND-THE ARTS FESTIVAL Sandy Wagner, Recreation Supervisor, expressed appreciation for all who are assisting with preparations for the fourth annual Ring-Around-The-Arts Festival. She introduced Diane Rasmussen, President of the Festival Committee. Ms. Rasmussen presented a framed poster to the City and thanked the Council for its support. The Festival will be September 14-15, 1996. AUDIENCE Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. Nancy Meyer, 14286 Dulcimer Way, presented a petition opposing School District 196’s proposal to construct a facility for Emotionally and Behaviorly Disabled (EBD) students on its property at 144th Street and Diamond Path. The Mayor said the issue will not be considered by the Council until its meeting of September 12, 1996, and will not be discussed until then. CONSENT AGENDA MOTION: of Humphrey, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of August 8th, 1996, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1996 Page 2 Resolution No. 1996-187 MOTION: of Humphrey, seconded by Sterling, adopting accepting, with thanks, the donation of a bicycle from Apple Valley Chrysler Plymouth for use by the Police Department. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of a temporary on-sale 3.2 percent malt liquor license to American Legion Auxiliary 1776 for use on September 21, 1996, at Fire Station No. 1. Ayes - 4 - Nays - 0. Resolution No. 1996-188 MOTION: of Humphrey, seconded by Sterling adopting approving an application for Exemption from Lawful Gambling License for Sons of American Legion, Squadron 1776, for an event on October 5, 1996; and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving a temporary event license for Rascals Apple Valley Bar & Grill, at 7721 West 147th Street, on October 13, 1996 (October 20, 1996, alternate rain date) to sell liquor at on-sale in the parking lot subject to conditions listed in the City Clerk’s memo dated August 19, 1996. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, setting a public hearing to consider the refinancing of $3,835,000 First Mortgage Nursing Home Revenue Bonds (Apple Valley Health Care Center), Series 1982, at 8:00 p.m., on September 12, 1996. Ayes - 4 - Nays - 0. Resolution No. 1996-189 MOTION: of Humphrey, seconded by Sterling, adopting amending the depositories for City funds by designating Vining-Sparks IBG of Texas as an additional depository for 1996 and deleting MGSI Securities Incorporated of Texas as a depository. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, appointing Kern, DeWenter, Viere, Ltd., as auditors for the year ending December 31, 1996, as described in their proposal dated August 6, 1996, at a cost of $23,750.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, rejecting all proposals for a Police/Fire Computer Aided Dispatch/Records System received April 18, 1994; and canceling contract negotiations with Sprint United Telephone of Minnesota as described in the Police and Fire Chiefs’ memo dated August 19, 1996. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, appro ving an Agreement for Consulting Services with Labyrinth Consulting, Inc., for re-development of a request for proposals for a Police/Fire Computer Aided Dispatch/Records System, as CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1996 Page 3 described in the Police and Fire Chiefs’ memo dated August 15, 1995; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1996-190 MOTION: of Humphrey, seconded by Sterling, adopting approving the final plat and subdivision agreement for Palomino Cliffs and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1996-191 MOTION: of Humphrey, seconded by Sterling, adopting approving the final plat and subdivision agreement for The Evergreens of Apple Valley and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1996-192 MOTION: of Humphrey, seconded by Sterling, adopting approving the final plat and subdivision agreement for Cedar Isle Estates 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1996-193 MOTION: of Humphrey, seconded by Sterling, adopting approving a temporary waiver of platting to allow title transfer, on a metes and bounds property description basis, for Cedar Isle Estates 5th Addition until the plat can be filed. Ayes - 4 - Nays - 0. Resolution No. 1996-194 MOTION: of Humphrey, seconded by Sterling, adopting awarding the contract for Project 96-521, Cedar Isle Estates 5th Addition Utility and Street Improvements, to Erickson Construction, the low bidder, in the amount of $443,753.30. Ayes - 4 - Nays - 0. Resolution No. 1996-195 MOTION: of Humphrey, seconded by Sterling, adopting approving plans and specifications for Project 96-520, Wyndemere 3rd Addition Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 19, 1996. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Supplemental Agreement No. 1 to the contract with Richard Knutson, Inc., for Project 94-430, Palomino Drive/County Road 11 Intersection Reconstruction, adding $13,469.04 for sign relocation. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with Rice Lake Contracting, for Project 95-502, Well No. 8 Reconstruction, in the amount of a $4,760.00 deduction. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, accepting Project 95-477, The Woodwinds 3rd Addition Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $3,531.25. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1996 Page 4 MOTION: of Humphrey, seconded by Sterling, approving reduction of subdivision financial guarantees for: Hidden Valley Townhomes, from $243,550.00 to $68,700.00; Briar Knoll, from $20,700.00 to $16,800.00; Hunters Wood Townhomes 1st Addition, from $25,000.00 to $13,125.00; and Hunters Wood Townhomes 2nd Addition, from $52,000.00 to 0. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving Replacement Traffic Signal Agreement No. 96-09 (signals at Galaxie Avenue, Foliage Avenue, Flagstaff Avenue and County Road 31 all at County Road 46) for County Project 46-06 with Dakota County, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report dated August 22, 1996. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA PROJECT 96-519, THE SUMMIT UTILITY IMPROVEMENTS Mayor Branning called the public hearing to order, at 8:10 p.m. to consider Project 96-519, The Summit Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated July 18, 1996. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:12 p.m. Resolution No. 1996-196 MOTION: of Erickson, seconded by Sterling, adopting ordering installation of Project 96-519, The Summit Utility Improvements - 4 - Nays - 0. Resolution No. 1996-197 MOTION: of Humphrey, seconded by Erickson, adopting approving plans and specifications for Project 96-519, the Summit Utility Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on September 19, 1996. Ayes - 4 - Nays - 0. LIVABLE COMMUNITIES ACT DEMONSTRATION ACCOUNT GRANT Mr. Kelley reviewed his memo dated August 19, 1996, concerning an application to the Metropolitan Council for a $350,000 grant under the Livable Communities Act demonstration account. The grant would be used to pay for common green space and pedestrian linkages and amenities as part of the transit hub/mixed use development proposed for the east side of Cedar Avenue between 155th and 157th Streets. The Minnesota Valley Transit Authority has an option to purchase the property. The City, acting as the EDA, would be the lead agency in developing the site. The EDA would provide a bridge loan, acquire the option from the MVTA and purchase the property. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1996 Page 5 Councilmember Humphrey said he has been approached, as a realtor, by two local businesses wanting to locate at the site. Due to a potential conflict of interest, he will not take part in any actions on this site and he stepped down from the table at 8:24 p.m. Councilmember Erickson said he is not supportive of the City buying land and being a developer. He asked if the grant application and bridge loan are tied together? Mr. Gretz said no, only the application is being made at this time and a final decision would be made if the loan proceeds. Beverly Miller, of the MVTA, and Jim Lasher, of LSA Design, were present. Mr. Lasher said the MVTA has secured partial funding for land acquisition. The bridge loan would make up the difference until individual parcels are sold for development. This has not been finalized and they are working with Sid Inman on the process. They are also looking at the possibility of private developers providing financing. Resolution No. 1996-198 MOTION: of Sterling, seconded by Erickson, adopting authorizing applying to the Metropolitan Council, under the Livable Communities Demonstration Account, for a $350,000 grant for common green space and pedestrian linkages in connection the proposed transit hub/mixed use development east of Cedar Avenue, between 155th and 157th Streets; and authorizing the Mayor and Clerk to execute the necessary documents Ayes - 3 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS The Council commented on the August 21, 1996, meeting of the Mayors, Councils and Administrators of Apple Valley, Burnsville, Eagan, and Lakeville hosted by Apple Valley. They discussed items of mutual interest hope to have this become an annual event. (Councilmember Humphrey returned to the table during this time 8:31 p.m.) It was noted that the ribbon cutting ceremony for the new Goodwill store will be September 5, 1996, at 5:30 p.m. Councilmember Sterling said Community Action Council will be closing its clothes closet service when the store opens and Goodwill will then be providing that service. SEAVERS’ CABLE TV COMMITTEE RESIGNATION. MOTION: of Humphrey, seconded by Erickson, accepting, with regret, the resignation of Victor Seavers from the Cable TV Committee. Ayes - 4 - Nays - 0. Councilmember Humphrey said since the Committee is involved in re-franchising with Marcus Cable, which will be a time-consuming process, appointment to fill the vacancy should be pursued in a timely manner. The Council agreed to consider an appointment at its next meeting. CITY OF APPLE VALLEY Dakota County, Minnesota August 22, 1996 Page 6 CLAIMS AND BILLS MOTION: of Ste rling, seconded by Erickson, to pay the claims and bills, check registers dated August 15th, 1996, in the amount of $1,733,208.64; and August 22nd, 1996, in the amount of $1,990,051.10. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:45 o’clock p.m.