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HomeMy WebLinkAbout01/12/1995CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 12th, 1995, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers 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, Assis- tant Planner Bodmer, Personnel Director Boland, Parks and Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Public Works Director Miranowski, Arena Manager Pietig, and Police Chief Willow. Mayor Branning called the meeting to order at 8:00 p.m. The Gouncilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Kay Ross, 13964 HOUSE NUMBER Holyoke Court~ asked for assistance to correct confusion between her CORRECTION house and the house at 13964 Holyoke Path. The homeowner on Holyoke Path placed his mailbox on the Court and visitors read the number on that mailbox and go to it rather than looking for the number of her house. She contacted the Post Office and was told all they could do is have smaller numbers put on the mailbox. The Mayor asked Staff to assist her with finding a solution. Randy Johnson briefed the Council on events planned for the Mid-Winter MID-WINTER Fest celebration. It will be held the weekend of February 11th and FEST '95 12th; concluding with fireworks at Valleywood Golf Course at 6:30 p.m. Sunday. Admittance to all activities is by buttons which are now on sale. MOTION: of Humphrey, seconded by Goodwin, approving all items on the CONSENT AGENDA consent agenda with no exceptions. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of ~E0~19~94_ the regular meeting of December 20th, 1994, as written. MINUTES Ayes - 4 - Nays - 0 (Goodwin Abstained). MOTION: of Humphrey, seconded by Goodwin, approving the minutes of DEG. 29, 1994 the special meeting of December 29th, 1994, as written. MINUTES Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the minutes of JAN. 3, 1995 the special meeting of January 3rd, 1995, aa written. MINUTES Ayes - 4 - Nays - 0 (Humphrey Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-5 accepting, with thanks, the donation of $30.00 from Minnegasco for use by the Fire Department. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-6 approving Apple Valley American Legion Post 1776 Auxiliary's application for Exemption from Lawful Gambling License and waiving any waiting period for State approval for an event on February 3, 1995. Ayes - 4 - Nays - 0 (Sterling Abstained). of H~nphrey, seconded by Goodwin, approving issuance of dance permits to the Parks & Recreation Department for dances at Apple Valley Community Center on February 4th and 11th, 1995, Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-7 approving specifications for a 50 H.P. Utility Tractor for Park Maintenance and authorizing advertising for bids to be received at 2:00 p.m. on February 2, 1995. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving the Joint Powers Agreement with Independent School District No. 196 for construction and use of tennis courts at Nagemeister Park, in conjunction with Middle School No. 6, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving the amended Maintenance Agreement for County Bikeway Trails with Dakota County, including a provision concerning replacement, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. of Humphrey, seconded by Goodwin, approving the Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville, Prior Lake, Rosemount and Savage for 1995-1996 Traffic Markings, Street Sweeping, Cracksealing and Sealcoating Services and authorizing the Mayor and Clark to sign the same. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-8 approving an excavation permit for fill material in Eaton Mobile Home Park by Mendota Heights Rubbish Service. Ayes 5 - Nays - 0. RES. 1995-5 FIRE DEPT. DONATION RES. 1995-6 LEGION AUXIL. GAMBLING LIC. EXEMPTION PARK &REC. DANCE PERMITS RES. 1995-7 TAKE BIDS PARKS TRACTOR HAGEMEISTER PARK TENNIS CT, AGREEMENT COUNTY TRAIL MAINTENANCE AGREEMENT J.P. AGREEMENT TRAFFIC MARK/ STREET SWEEP. RES. 1995-8 EXCAVATE PERMT EATON CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-9 approving a temporary waiver of platting to allow property title transfer, on a metes and bounds basis, for part of Apple Valley Industrial Park Fourth Addition. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-10 approving the final plat and Subdivision Agreement for Apple Valley Industrial Park Fourth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-11 approving a temporary waiver of platting to allow property title transfer, on a metes and bounds basis, for Carrollton Commercial 2nd Addition. Ayes - 5 ~ Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with Arcen Construction for Project 94- 428, Cedar Isle Estates Utility and Street Improvements, in the amount of an additional $4,822.21. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 3 to the contract with Master Asphalt for Project 94-435, Lampert's Parking and Storage Lot Improvements, in the amount of an additional $4,258.62. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, accepting Project 94-435, Lampert's Parking and Storage Lot Improvements, as final and authorizing final payment on the contract with Master Asphalt in the amount of $31,164.34. Ayes - 5 ~ Nays ~ 0. of Humphrey, seconded by Goodwin, accepting Project 94-437, 1994 Street Maintenance, as final And authorizing final payment on the contract with McNamara Contracting-in_the amount of $23,928.64. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, accepting Project 94-463, Nordic Water Reservoir Repainting, as final and~authorizing final payment on the contract with Universal Applicators in the amount of $21,274.30. Ayes ~ 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving appointment of the firm of Kern, DeWenter, Viere, Ltd., to perform the City's 1994 audit, at a cost of $29,000, as recommended by the Finance Director in his memo dated January 6, 1995. Ayes - 5 - Nays - 0, RES. 1995-9 PLAT WAIVER A.V. IND, 4TH RES. 1995-10 FINAL PLAT A.V, IND. 4TH RES. 1995-11 PLAT WAIVER GAR, COM~ 2ND CHANGE ORDER 2 PROJ, 94-428 CHANGE ORDER 3 PROJ. 94-435 FINAL PAYMENT PROJ. 94-435 FINAL PAYMENT PROJ. 94-437 FINAL PAYMENT PROJ. 94-463 1994 AUDITORS CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 4 MOTION: of Humphrey, seconded by Goodw~n, approving the Addendum to the Agreement with OWOBOPTE Industries, Inc., conoerning the Americans with Disabilities Act, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. OWOBOPTE ADDENDUM DCA 1995 FEE SCHEDULE HIRE SEASONAL EMPLOYEES DISMISS EMPLOYEE MOTION: of Hnmphrey, seconded by Goodwin, approving DCA, Inc.'s, 1995 fee schedule for providing Flexible Spending Account administrative services as described in the Personnel Dir- ector's memo dated January 12, 1995. Ayes 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated January 12, 1995. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving dismissal of the part-time employee as listed in the Personnel Report dated January 12, 1995. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:13 p.m. to con- sider 1995 Special Assessment Rolls No. 353 through 356 and noted ASSESS~! receipt of the affidavit of publication of the hearing notice. The 353 TO assessments total $1,330,168. A letter dated January 12, 1995, from Bothum Leasing Co. objecting to Assessment Roll No. 353 on parcel number 02600-014-75 (Enderes Tools) was received and placed on file. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:14 p.m. PUBLIC MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-12 approving 1995 Special Assessment Rolls No. 353 through 356, as presented, in the total amount of $1,330,168, for certification to Dakota County. Ayes - 5 - Nays ~ 0. RES. 1995-12 ASSESSMENTS 353 TO 356 Mr. Johnson described a proposed addition to the Hayes Community Center SENIOR CENTER building for use as a senior citizens' center. The approximate 2,500 BUILDING ADDN. square-foot addition is estimated to cost $200,000 to $250,000~ The' City has $145,094 of CDBG funds available for fiscal yea~ 1995 and $53,092 unexpended from the CDBG revolving loan fund. This total, of $198,186, could be used for the senior center construction. An additional $50,000 to $70,000 would be required to c~mplete the project. A plan for the proposed building addition was developed by ia Task Force, members of which were present at the meeting. Helen Schultz, 14632 Embry Path, a member of the Task Force, said they have reviewed plans with the architect and support the project. The senior citizens organization intends to fund furnishings for the facility and are preparing fund raising efforts. CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 5 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-13 approving the application for fiscal year 1995 Community Development Block Grant funding, totaling $198,186.00, for a senior addition at Hayes Community Center; and approving the proposed design concept as presented. Ayes - 5 - Nays - 0. RES. 1995-13 CDBG APPLICATN SENIOR CENTER Councilmember Goodwin reviewed a revised proposal for a second ice ICE ARENA arena. It has been redesigned from the arena proposed at Apple Valley PROPOSAL High School. This facility could be constructed at Hayes Field at a construction cost estimate of $1,670,000. With fees for architectural, engineering, construction management, furnishings and contingency, the total would be $2,200,000. He reviewed proposed funding sources, shown in the attachment dated December 22, 1994, consisting of a bond issue of $1,300,000 and other funding of $1,100,000. The analysis indicates $90,000 annually in property tax support would be needed. The last year for for the approximate $45,000 bond payment on the current arena is 1995 and this would replace that payment. He reviewed the impact of a $90,000 tax levy on various valued homes in the City showing a cost ranging from $4.00 to $18.00 per year. MOTION: of Goodwin, seconded by Humphrey, approving proceeding with plans for a second ice arena, with funding as outlined in the attachments to the Parks & Recreation Director's memo dated January 9, 1995; and repayment of the loan from the sewer and water fund, with interest, by sals of the armory property and commitment of half of annual park dedication funds until repaid. PROCEED WITH SECOND ICE ARENA Councilmember Humphrey noted that the golf course bonds have also now been paid and funding a second arena may not require a tax increase. Councilmember Ertckson asked if a loan from the sewer and water fund allows adequate reserve in that fund? Mr. Ballenger said the fund is at approximately 50 percent of replacement costs based on past policy. Couneilmember Sterling asked if the GIF fund has an ~deq~ite balance to fund additional senior center costs as well? Councilmember Goodwin said usin~g -- $150,000 from the GIP fund for this project and funding the senior center would bring the remaining balance to $195,000. Councilmember Sterling asked what the status of the Park Dedication fund is? Mr. Johnson said this is divided into two parts; improvements and maintenance. The cost of most improvements would be more than the fund could accommodate and a bond issue would be needed to do anything meaningful. That might be necessary in a year or two. CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 6 Mike Dorsoy, President of Apple Valley Hockey Association, said they support the second arena and have donated $100,000 toward it already. They now have about $40,000 toward the arena and should have the balance of the additional $100,000 within the next year. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving retaining BRA & K-A Bonestroo, Rosene, Anderlik & Associates for architectural/ ARENA SERVICES engineering services, at a fee of $86,000; and Kraus- Anderson Construction Company for construction management services, at a fee of $77,000; for the second ice arena. Ayes - 5 - Nays - 0. Julie Farnham, of RLK Associates, the City's planning consultant, re- WILLIAMSBURG viewed the Planning Commission report on the proposed Williamsburg 2ND & 3RD ADDN 2nd and 3rd Additions located at County Road 38 and Galaxie Avenue. The 2nd Addition, on the north side of County Road 38, was revised and now includes 35 units. The 2nd Addition, on the south side of County Road 38, consists of 19 units. All units have double garages. Glen Van Wormer, the City's traffic consultant reviewed his report dated Deoembc 16, 1994, noting this development would add very little traffic to Galaxie Avenue. The main concern is morning northbound traffic backing up on Galaxie Avenue at the County Road 38 signal; however, the delay for cars exiting the 3rd Addition would only be two signal cycles. Gene Shellerud, the developer, was present and reviewed architectural renderings of the buildings. They will be a combination of brick and aluminum siding with the backs being entirely brick. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-14 approving the preliminary plat of Williamsburg 2nd Addition and directing preparation of a subdivision agreement, with conditions as recommended by the Planning Commission. RES. 1995-14 WMSBURG 2ND PRELIM. PI~T Mr. Shellerud commented on raising plantings along Galaxie and County Road 38 which would improve the appearance. Mr. Gretz said Staff could work with the developer to remove and/or replace plantings as appropriate. Mr. Shellerud said the neighborhood was concerned about the plantings and if there is a change he asked that the City send them information as to why it was changed. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-15 approving the preliminary plat of Williamsburg 3rd Addition and directing preparation of a subdivision agreement, with conditions as recommended by the Planning Commission. Ayes ~ 5 - Nays - 0. RES. 1995-15 WMSBURG 3Rr~ CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 7 MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1995-16 authorizing issuance of building permits for 35 townhouse units in Williamsburg 2nd Addition, with condi- tions, as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1995-16 WMSBURG 2ND BLDG, PERMITS MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1995-17 authorizing issuance of building permits for 19 townhouse units in Williamsburg 3rd Addition, with condi- tions, as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1995-17 WMSBURG 3RD BLDG. PERMITS MOTION: of Erickson, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for improvements to serve Williamsburg 2nd and 3rd Additions. Ayes - 5 - Nays - O. PREPARE ENG. PRELIM. REPORT Mr. Kelley reviewed the report and Planning Commission recommendation on a preliminary plat for expanding Eastview Athletic Complex to the west side of Johnny Cake Ridge Road. This also provides a site for a new Dakota Electric Association substation and such a conditional use permit is requested. EASTVIEW PRELIM. PLAT DEA.C,U.P, MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1995-18 approving the preliminary plat of Eastview Addition and directing preparation of a subdivision agreement, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1995-18 EASTVIEW PRELIM. PLAT MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. RES. 1995-20 1995-20 approving a Conditional Use Permit for an electric DAKOTA ELEC. substation on Lot 1, Block 1, Eaatvtew Addition, by_Dakota Electric Association, with conditions as recommended by-the Planning Commission. Ayes - 5 - Nays - 0. Tom Lovelace reviewed the Planning Commission report on the proposed MEDIA PLAY building permit for Media Plat, at 7370 West 153rd Street, west of BLDG, PERMIT Frank's Nursery. Greg Mattson, of Ryan Construction; and Bill Correll, of Media Play, a division of Musicland; were present to.answer questions. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1995~19 authorizing issuance of a building permit for Media Play on Lot 2, Block 1, Apple Valley Retail 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1995-19 MEDIA PLAY BLDG. PERMIT Kathy Bodmer said the petitioners for a sign variance for the Ryan Real Estate building, at 14750 Cedar Avenue, were not present and asked if the Council wished to proceed with its review. RYAN BUILDIN( SIGN VARIANC CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 8 MOTION: of Sterling, seconded by HumphreY, tabling consideration of TABLE SIGN a sign variance for the Ryan Real Estate building until VARIANCE January 26, 1995. Ayes - 5 - Nays - 0. Mr. Kelley gave the second reading of a proposed ordinance establish- ADULT ENTER- ing an interim moratorium on any type of new adult entertainment TAINMENT ORD. businesses. It would add Section 17-12 to the City Code and place SECOND READING a one-year moratorium on siting adult use establishments within any zoning distric't to allow time to study zoning and licensing regulations. Following passage a report will be prepared for the Urban Affairs Committee concerning appropriate regulations for adult entertainment enterprises. The Council accepted the second reading. MOTION: of Goodwin, seconded by Sterling, passing Ordinance No. 591 adding Section 17-12 to the City Code placing a moratorium on the siting of adult use establishments within any zoning district in the City until January 12, 1996, and directing a s~udy to be conducted. Ayes - 5 - Nays - 0. ORDINANCE 591 ADULT ENTER- TAINMENT MORATORIUM Police Chief Willow updated the Council on the continuing investigation POLICE I~EST- cf last week's incidents at Valley Middle School and Apple Valley High IGATIO~/ School. Tips on a suspect continue to come in and they believe the same individual may have been involved in all the incidents. The schools have cooperated and acted quickly to make changes in procedures. The public has be~,: very responsive and understanding. MOTION: of Goodwin, seconded by Branning, adopting Resolution No. 1995-21 appointing Councilmember Sterling to serve as Acting Mayor, in the absence of the Mayor, for the year 1995. Ayes - 5 - Nays - 0. RES. 1995-21 STERLING ACTING MAYOR MOTION: of Humphrey, seconded by Goodwin, canceling the informal meeting of January 19th, 1995. Ayes - 5 ~ Nays - 0. CANCEL MEETING MILLER P.O. RESIGNATION CLAIMS & BILLS Mayor Branning said Len Miller has indicated he is submitting a letter of resignation from the Planning Commission. He asked that consid- eration of declaring a vacancy be held until the letter is received. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated December 30, 1994, in the amount of $2,499,513.04; January 5, 1995, in the amount of $275,613.85; and January 12, 1995, in the amount of $2,290,072.96. Ayes - 5 - Nays - 0. Councilmember G0Odwin said the Economic Growth Partnership Committee met this morning and discussed a revision to its membership. They indicated they would like another member added to the Committee. ECON. GROWTH COM. MEMBE~ CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 1995 Page 9 MOTION: of Goodwin, seconded by Humphrey, amending the Agreement with the Economic Development Authority and the Chamber of Commerce establishing the Economic Growth Partnership Committee by setting the membership at eight, with five members appointed by the Gity, and appointing Councilmember Erickson to the Committee. Ayes - 5 - Nays ~ 0. ECON. GROWTH PARTNERSHIP COM. AMENDMENT & APPOINTMENT MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:39 o'clock p.m.