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HomeMy WebLinkAbout10/10/1996CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1996 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 10th, 1996, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Counc ilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, 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 Sterling, seconded by Humphrey, approving the agenda for tonight’s meeting as presented. 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 Sterling, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of September 26th, 1996, as written. Ayes - 5 - Nays - 0. Resolution No. 1996-229 MOTION: of Humphrey, seconded by Sterling, adopting proclaiming the week of October 14th, 1996, as “1996 Minnesota Manufacturers Week”. Ayes - 5 - Nays - 0. Resolution No. 1996-230 MOTION: of Humphrey, seconded by Sterling, adopting accepting, with thanks, the donation of a school bus from Osseo-Brooklyn School Bus Company to the Fire Department for training purposes. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1996 Page 2 MOTION: of Humphrey, seconded by Sterling, approving officially naming “Wallace Park”, located at 138th Street and Pennock Avenue, as recommended in the Park & Recreation Director’s memo dated October 2, 1996. Ayes - 5 - Nays - 0. Resolution No. 1996-231 MOTION: of Humphrey, seconded by Sterling, adopting appointing judges for the November 5, 1996, General Election in the City. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving the classification of Lot 3, Block 2, Cherry Oak Estates; and Lot 2, Block 6, Farquar Hills; as nonconservation by Dakota County in preparation for their sale as tax forfeited property. Ayes - 5 - Nays - 0. Resolution No. 1996-232 MOTION: of Humphrey, seconded by Sterling, adopting approving special assessment divisions numbered: 21321 - Waterford Village Townhomes 2nd Addition; 22323 - Wyndemere 2nd Addition; 21334 - East Valley Plaza 2nd Addition; 21356 - Waterford Village 2nd Addition; 21355 - Quad Partnership Addition; and 21375 - parcel 01-02700-014-02. Ayes - 5 - Nays - 0. Resolution No. 1996-233 MOTION: of Humphrey, seconded by Sterling, adopting approving amending the land use guide map of the Comprehensive Plan for The Summit townhomes, from “LD/HD” to “LD” as approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 621 MOTION: of Humphrey, seconded by Sterling, passing rezoning The Summit townhomes from “M-3A and M-8C” to “M-2C” as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1996-234 MOTION: of Humphrey, seconded by Sterling, adopting approving the final plat and subdivision agreement for The Summit and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1996-235 MOTION: of Humphrey, seconded by Sterling, adopting awarding the contract for Project 96-519, The Summit Utility Improvements, to Erickson Construction, the low bidder, in the amount of $94,583.75. Ayes - 5 - Nays - 0. Resolution No. 1996-236 MOTION: of Humphrey, seconded by Sterling, adopting rejecting the bid received, pursuant to Resolution No. 1996-153, on August 8, 1996, for Project 95-492, 147th Street and Cedar Avenue Turn Lanes. Ayes - 5 - Nays - 0. Resolution No. 1996-237 MOTION: of Humphrey, seconded by Sterling, adopting rejecting the bid received, pursuant to Resolution No. 1996-210, on October 1, 1996, for an “All-Wheel Steer Backhoe Loader”, for Street Maintenance, and authorizing CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1996 Page 3 readvertising for receipt of new bids, at 2:00 p.m., on October 26, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving two change orders to the contract with Schaefer Hardwood Floors, for Apple Valley Community Center Gym Floor Repair, in the amount of an additional $5,565.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving a contract with Schlegel Auction Company to conduct an auction of unclaimed bicycles and City retired vehicles on October 26, 1996, at the Central Maintenance Facility, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving a premium rate increase, to $.65 per $100 of monthly payroll, for long term disability insurance, effective September 1, 1996, as described in the Human Resources Manager’s memo dated October 10, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving reduction of the subdivision financial guarantee for Alimagnet Landing, from $5,865.00 to $4,230.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving promotion of Carmelle Wahi to Assistant Manager at Liquor Store No. 2 as described in the Personnel Report dated October 10, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated October 10, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, authorizing the new positions of Fleet Maintenance Working Foreman; Fleet Maintenance Technical Specialist; and Combined Inspector Building, Fire, Zoning; as described in the Personnel Report dated October 10, 1996. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving a $250.00 per month car allowance for the Street Superintendent effective November 1, 1996, as described in the Personnel Report dated October 10, 1996. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROJECT 96-516, KWIK TRIP ADDITION TRUNK UTILITIES CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1996 Page 4 Mayor Branning called the public hearing to order, at 8:02 p.m., to consider Project 96-516, Kwik Trip Addition Trunk Utilities, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated August 19, 1996. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:03 p.m. Resolution No. 1996-238 MOTION: of Sterling, seconded by Erickson, adopting ordering Project 96-516, Kwik Trip Addition Trunk Utilities. Ayes - 5 - Nays - 0. 1996 SPECIAL ASSESSMENT ROLLS NO. 396 TO 411 AND NO. 412 Mayor Branning called the public hearings to order, at 8:04 p.m., to consider 1996 special assessment rolls and noted receipt of the affidavit of publication of the hearing notices. Mr. Gretz noted that Rolls 396 through 411 are for improvements to developing property totaling $5,330,875.00 and Roll 412 is for delinquent utility bills totaling $26,121.66. The Mayor asked for questions or comments from the Council and the public. Aimee Messner, 5231 - 132nd Street, asked for an explanation of Roll 404, Walnut Hill Improvements. The Clerk explained that the assessment is for utility and street improvements to the property which are generally the responsibility of the developer. The developer or escrow agent can now be informed of the amount to be paid. Wesley Johnson, 12998 Echo Lane, asked if the same applies to Roll 399, Diamond Path Townhomes, and he was advised it does. Councilmember Erickson expressed disappointment at the amount of the delinquent utility bills. Mr. Gretz said water is not turned off on delinquent accounts so they go uncollected until they are assessed. There were no other comments and no written objections were received. The Mayor declared the hearings closed at 8:10 p.m. Resolution No. 1996-239 MOTION: of Sterling, seconded by Erickson, adopting approving and levying 1996 Special Assessment Rolls No. 396 through 411, in the total amount of $5,330,875.00. Ayes - 5 - Nays - 0. Resolution No. 1996-240 MOTION: of Sterling, seconded by Humphrey, adopting approving and levying 1996 Special Assessment Roll No. 412, in the total amount of $26,121.66. Ayes - 5 - Nays - 0. VALLEY OAKS TOWNHOMES (PHASE 1) Ms. Bodmer reviewed the Planning Commission recommendation on Valley Oaks Townhomes located on Pennock Avenue at 128th Street. The petitioner is requesting approval of only the 36 units on the east side of Pennock at this time. Four units will require setback variances from Cedar Avenue as will the private drive. The hammerhead turn around will require a setback variance from Pennock. At least one rear porch per building will be required. CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1996 Page 5 Resolution No. 1996-241 MOTION: of Erickson, seconded by Humphrey, adopting approving the preliminary plat of Valley Oaks Townhomes (east side of Pennock) with 36 units, subject to the terms of a subdivision agreement, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1996-242 MOTION: of Goodwin, seconded by Humphrey, adopting approving a Conditional Use Permit for alternate exterior building materials on Valley Oaks Townhomes with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1996-243 MOTION: of Goodwin, seconded by Humphrey, adopting approving the site plan and setback variances and authorizing issuance of a building permit for Valley Oaks Townhomes (east side of Pennock), with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1996-244 MOTION: of Erickson, seconded by Sterling, adopting directing the City Engineer to prepare a preliminary feasibility report for Project 96-443, Valley Oaks Townhomes Improvements. Ayes - 5 - Nays - 0. 132ND STREET RIGHT-OF-WAY IN WHITE OAK RIDGE Resolution No. 1996-245 MOTION: of Erickson, seconded by Sterling, adopting setting a public hearing, at 8:00 p.m., on November 14, 1996, to consider vacating unused right-of-way for 132nd Street (formerly known as Lakeview Drive), west of Pilot Knob Road, in White Oak Ridge. Ayes - 5 - Nays - 0. SET SPECIAL MEETING MOTION: of Erickson, seconded by Humphrey, setting a special meeting, at City Hall, at 4:30 p.m., on November 7, 1996, to canvass results of the City General Election. Ayes - 5 - Nays - 0. COUNCIL ITEMS AND COMMUNICATIONS Councilmember Sterling noted that this is Fire Prevention Week. Open houses were held at all of the Fire Stations and have been very well attended. She thanked everyone for attending and the Fire Department members who participated. Mayor Branning noted that the AmericInn motel is holding an open house on October 13, 1996, from 2:00 to 5:00 p.m. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota October 10, 1996 Page 6 MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated October 2nd, 1996, in the amount of $1,018,380.14; and October 9th, 1996, in the amount of $1,651,016.70. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:39 o’clock p.m.