Loading...
HomeMy WebLinkAbout01/26/1995CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 26th, 1995, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Goodwtn, Erickson, Humphrey and Sterling. ABSENT: Mayor Branning. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Assistant Planner Bodmer, Parks & Recreation Director Johnson, Public Works Director Miranowski, and Police Chief Willow. Acting Mayor Sterling called the meeting to order at 8:00 p.m. The Council- members and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Ron and Laura Ochs, of the Mid-Winter Fest Committee, were present to MID-WINTER describe events scheduled for this year's celebration during the FEST '95 weekend of February 11 and 12, 1995. It will conclude with fireworks at Valleywood Golf Course Sunday evening. Acting Mayor Sterling read a resolution proclaiming the celebration. Acting Mayor Sterling asked if anyone was present to address the AUDIENCE DISC. Council at this time on any item not on this meeting's agenda. Gary CODE COMPLAINT Bossey, 950 Hopewell Lane, said there are five or six people living in the house next to him and asked why that many people can share a house. He commented on problems with furniture being left outside and on the curb and lately a refrigerator was placed at the curb. Mr. Gretz said Staff will look into the complaint and report back. Councilmember Erickson asked if code compliance checks are still being done? Mr. Gretz said they are not being done on a routine basis due to Staff cutbacks, but individual situations are responded to as needed. Councilmember ~r~ckson-said he would like to discuss this at an informal meeting. Councilmember Humphrey said this year is the 25th Anniversary of Community Action Council and noted that Councilmember Sterling and Mr. Sheldon are both on its Board. GAG 2511{ ANNIVERSARY MOTION: of Humphrey, seconded by Goodwin, removing consideration of a powerline easement and 1995 engineering fees from the agenda; adding hiring an additional part-time employee to the consent agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGEND! CONSENT AGENDA ITEMS GITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwtn, approving the minutes of the regular meeting of January 12th, 1995, as written. Ayes - 4 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-22 proclaiming February 11 & 12, 1995, as "Apple Valley Mid-Winter Fest '95" and encouraging citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing a fireworks display at Valleywood Golf Course on February 12, 1995, in connection with the Mid-Winter Fest celebration. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing the Boy Scouts of America Indianhead Council to conduct overnight encamp- ments in Hayes Park on February 10 and 11, 1995, and hold a recreational fire as part of the encampment. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, approving the Revised 1994-95 D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing thc expen- diture of up to $6,000 for three carbon monoxide/multigas detectors for the Fire Department as described in the Fire Chief's memo dated January 19, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwtn, authorizing the expen- diture of $76,000 from the Park Dedication Maintenance Fund as detailed in the Park & Recreation Director's memo dated January 20, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, approving issuance of various licenses and permits for 1995 as listed in thc City Clerk's memo dated January 23, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwtn, receiving withdrawal of Ryan Real Estate Company's request for a sign variance at 14750 Cedar Avenue as stated in its letter dated January 11, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-23 approving the final plat of Eastview Addition and waiving the requirement for a subdivision agreement. Ayes 4 - Nays - 0. JAN. 12, 1995 MINUTES RES. 1995-22 PROCLAIM MID- WINTER FEST MID-WINTER FEST FIREWORKS SCOUT ENCAMP- MENTS AT HAYES PARK D.A.R.E~ AGREEM ~: FIRE CARBON MONOXIDE DETECTORS PARK MAINTENG, F~FENDITURE 1995 LICENSES & PERMITS SIGN VARIANCE WITHDRAWAL RES. 1995-23 FINAL PL:'::r.. CITY OF APPLE VAT3.~ Dakota County, Minnesota January 26, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, approving reduction of the financial guarantee for Foxmoore Ridge, from $78,850 to $3,000. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-24 receiving the preliminary engineering report on Project 95-470, Williamsburg 2nd and 3rd Additions Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on February 23, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-25 directing the City Engineer to prepare plans and specifications for Project 95-470. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Schteld Construction for Project 351, Alimagnet Landing Improvements, in the amount of an additional $9,313.00. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Ryan Contracting for Project 94-457, Middle School No. 6 Improvements, in the amount of an additional $19,590.50. Ayes - 4 - Nays - O. of Humphrey, seconded by Goodwin, approving partial final payment on the contract with AppliedGraphtcs for Multimedia Public Information Kiosks, in the amount of $9,120.00. Ayes - 4 - Nays - O. of Humphrey, seconded by Goodwin, receiving the Amendment to the Economic Growth Partnership Committee Agreement, creasing Co~ittee membership to eight, and approving the terms of office as listed in the City Clerk's memo dated January 23, 1995. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwtn, receiving the results of the speed limit study conducted by the Minnesota Department of Transportation on 132nd Street, Ellice Trail and Johnny Cake Ridge Road indicating no changes in speed limits. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-26 setting the mileage reimbursement rate for the City at $.30 per mile, effective January 1, 1995. Ayes - 4 - Nays - O. of Humphrey, seconded by Goodwin, approving promotion of Richard Kelley to the position of Go,unity Development Director as listed in the Personnel Report dated January 26, 1995. Ayes - 4 - Nays - 0. FOXMOORE RIDGE BOND REDUGTION RES. 1995-24 PROJ. 95-470 SET HEARING RES. 1995-25 PROJ. 95-470 PLANS & SPECS, CHANGE ORDER 1 PROJ. 94-351 CHANGE ORDER PROJ. 94-457 KIOSK PARTIAL FINAL PAYMENT EGPC MEMBER- SHIP TERMS RECEIVE SPEEr STUDY RESULTf RES. 1995-26 1995 MILEAGE K~TJ~I~y COM. DEV. DIRECTO CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1995 Page 4 MOTION: of Humphrey, seconded by Goodwin, approving hiring the part- time and seasonal employees listed in the Personnel Report and Addendum dated January 26~ 1995. Ayes - 4 - Nays - 0. HIRE SEASONAL EMPLOYEES END OF CONSENT AGENDA Ms. Bodmer reviewed the Planning Commission's report on expansion of the Apple Valley Chrysler Plymouth (Sunnyside) building at 15051 Galaxie Avenue. CHRYSLER/PLY. BLDG. EXP, MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-27 approving a Conditional Use Permit for the use of concrete corduroy panels on the building located on Lot 1, Block 1, Southport 1st Addition; and Lot 1, Block 1, South- port 3rd Addition; with requirements as recommended by the Planning Commission. RES. 1995-27 CHRYSLER/PLY. BLDG. C.U.P. Kenneth Nordby, of NAI Architects, representing the petitioner, was present to answer questions. He said they will be able to identify the color of the original building material and match it. He reviewed a rendering of the building and noted that an Isuzu dealership will be added. Vote was taken on the motion. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-28 authorizing issuance of a building permit for an addition to Apple Valley Chrysler Plymouth on Lot 1, Block, Southport 1st Addition; and Lot 1, Block 1, Southport 3rd Addition; with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1995-28 CHRYSLER/PLY. BLDG, PERMIT MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-29 authorizing submitting, to the Metropolitan Council, an amendment to the Utility Chapter of the Comprehensive Guide Plan designating installation of the central sanitary sewer trunk for construction in 1995, as recommended by the Planning Commission. Ayes - 4 - Nays - O. RES. 1995-29 AMEND COMP. PLAN UTILITY cHapTER Mr. Gretz reviewed the request for a variance to construct a 12-foot FENCE HEIGHT high chain link fence on Lot 10, Block 2, Cobblestones I (8790 West VARIANCE 135th Street), tabled from December 20, 1994. Staff met with both the petitioner and golf course owner, but were unable to reach an agreement whereby the fence could be installed in the private golf course easement. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-30 granting a variance to allow construction of a 12- foot high fence on the southwest corner of Lot 10, Block 2, Cobblestones I, along the easement line. RES. 1995-30 FENCE VARIA~ COBBLESTOi~e CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 1995 Page 5 Councilmember Erickson expressed disappointment that the property owners could not agree on a compromise. Klm Reagan, the property owner said the golf course does not want to allow anything on the easement except a net and the manufacturer will not guarantee that netting will stop golf balls. Councilmembe~ Goodwin asked if color-coated chain link fencing has been considered? Mr. Reagan said that would cost about 40 percent more and he does not want to incur the extra expense. MOTION: of Goodwin, seconded by Sterling, amending the motion by granting the height variance only if green colored vinyl chain link material is used on the 12-foot high section. Ayes - 4 - Nays - 0. AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. Mr. Gretz reviewed the real estate listing proposal for the armory site submitted by UHI Commercial Real Estate. Ne said any such agreement should be for about a three-month time period and at a reduced commission. ARMORY SITE PROPOSAL MOTION: of Goodwtn, seconded by Humphrey, rejecting the real estate REJECT UHI listing agreement of UHI Commercial Real Estate for sale of PROPOSAL the armory site. Councilmember Goodwin said he would prefer putting a direct advertisement in a commercial real estate publication for sale of the property. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing the expendt- ADVERTISE ture of up to $3,000 to advertise the armory site for sale ARMORY SITE until May 1, 1995. Ayes - 4 - ~ays - 0. Police Chief Willow gave the first reading of a proposed ordinance LIQUOR ~REM~ amending City Code Section 3-46(b)(7.b) pertaining to liquor premises CLOSING HOUR~ closing hours. It would allow bona fide maintenance, cleaning and ORDINANCE remodeling activities within licenses premises after the time the FIRST READIN6 liquor establishment is closed but before it opens on the following day. The Council accepted the first reading and the ordinance will be brought back for the second reading at the next meeting. MOTION: of Humphrey, seconded by Goodwln, declaring the seat of Len PLANNING COM Miller on the Planning Commission vacant for a term expiring VACANCY March 1, 1996. Ayes - 4 - Nays - 0. The Council asked that consideration of appointment to fill the vacancy be scheduled on the February 9th agenda. CItY OF APPLE VALLEY Dakota County, Minnesota January 26, 1995 Page 6 Mr. Gretz said discussions have been held concerning expanding EDA MEMBERSHIP membership of the Economic Development Authority. Since the EDA was established by the Council, it would have to take any action on membership. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-31 amending Resolution No. 1990-15 expanding the Economic Development Authority to seven members by adding one member of the Economic Growth Partnership Committee and one member of the Planning Commission, to be appointed by the City Council, for two-year terms, with no eligibility for reappointment. RES, 1995-31 EXPAND EDA MEMBERSHIP AMEND MOTION MOTION: of Goodwin, seconded by Humphrey, amending the foregoing motion by deleting limit on reappointment of Economic Growth Partnership Committee and Planning Commission members. Ayes - 4 - Nays - O. Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, appointing Karen Edgeton, as the Planning Commission representative, and Larry Severson, as the Economic Growth Partnership Committee representative, on the Economic Development Authority. Ayes - 4 - Nays - 0. EDA APPOINT- MENTS ~ MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated January 19, 1995, in the amount of $490,040.69; and January 26, 1995, in the amount of $648,318.20. Ayes - 4 - Nays - O. CLAIMS & BILLS MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 4 - Nays - O. The meeting was adjourned at 9:10 o'clock p.m.