Loading...
HomeMy WebLinkAbout07/13/1995CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 13th, 1995, at 8:00 otclock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin, Humphrey (attended at 8:12 p.m.), and Sterling. ABSENT: None. Gity staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Personnel Director Boland, Police Captain Erickson, Administrative Intern Grawe, Utilities Superintendent Heuer, Parks & Recreation Director Johnson, Community Development Director Kelley, and Public Works Director Miranowski. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers 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 - 4 - Nays - O. APPROVE AGENDA AUDIENCE DISC. Mayor Branning asked if anyone was p~esent to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Goodwin, seconded by Sterling, approving all items on the consent agenda, with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS CONSENT AGENDA JUNE 22, 1995 MINUTES PROCLAIM KOMODO DRAGON DAY FIRE RELIEF 1996 TAX LEVY MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of June 22nd, 1995, as written. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Sterling, proclaiming July 28, 1995, as "Garuda Indonesia Komodo Dragon Day" in recognition of the exhibit which will open at the Minnesota Zoological Garden on that day. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, receiving the Apple Valley Firefighters' Relief Association resolution certifying the City's 1996 financial obligation to the Special Fund in the amount of $79,259.00 . Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Sterling, receiving Fire Code variance requests, dated April 27, 1995, from Independent School District 196 for Cedar Park Elementary, Westview Elementary, Southview Elementary, Greenleaf Elementary, and Apple Valley Senior High Schools; and deferring decisions to the State of Minnesota Fire Marshal Code Advisory Panel. Ayes - 4 - Nays - 0. SCHOOL FIRE CODE VARIANCES CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-155 receiving the on-sale and Sunday liquor license application of Wadsworth Old Chicago, Inc., d/b/a Old Chicago, at 14998 Glazier Avenue and setting a public hearing on it, at 8:00 p.m., on August 17, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, authorizing issuance of a party permit to Jim Amireault for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on July 29, 1995, only. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-156 granting an easement to Cooperative Power Associa- tion for overhead electrical lines along the west side of Johnny Cake Ridge Road, south of 140th Street, in Eastview Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-157 approving an amendment to the Land Use Guide Plan Map of the Comprehensive Plan changing the use of Lo~ 2, Block 1, Apple Valley Armory, from "CY/PK" to "LB", as approved by the Metropolitan Council. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, passing Ordinance No. 602 rezoning Lot 2, Block 1, Apple Valley Armory; from Planned Development No. 341, Zone 3, to LB (Limited Business) as re- commended by the Planning Commission. Ayes - 4 - Nays - 0. of Goodwin, seconded by S~erling, directing the City Engineer to prepare a preliminary feasibility report for Project 95-489, Cherry Oak Estates 3rd Addition Utility and Street Improvements. Ayes ~ 4 - Nays - 0. of Goodwin, seconded by Sterling, directing the City Engineer to prepare a preliminary feasibility report for Project 95-492, 147th Street and Cedar Avenue Intersection Improvements. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-158 directing the City Engineer to prepare plans and specifications for Project 95-492, 147th Street and Cedar Avenue Intersection Improvements. Ayes - 4 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-159 receiving the preliminary engineering report on Project 95-310, Minnesota Zoological Garden Storm Sewer Improvements, and setting a public hearing on it, at 8:00 p.m., on August 17, 1995. Ayes - 4 - Nays - 0. RES. 1995-1f SET HEARING OLD CHICAGO LIQUOR LICE[ ALIMAGNET PARTY PERMIt: RES. 1995-1[ CPA EASEMEN'~ EASTVIEW AD~ RES. 1995-1! OLD ARMORY SITE COMP. PLAN AMENDMt ORDINANCE 6( REZONE ARMOr PRELIM. REP[ CHERRY OAK 2 PRELIM. REPO 147TN & CEDA RES. 1995-15 PROJ. 95~492 PLANS & SPEC RES. 1995-15 PROJ. 95-310 SET HEARING CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-160 directing the City Engineer to prepare plans and specifications for Project 95-310, Minnesota Zoological Garden Storm Sewer Improvements. Ayes - 4 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-161 receiving the preliminary engineering report on Project 95-474, Hyland Pointe Townhomes Utility Improve- ments, and setting a public hearing on it, at 8:00 p.m., on August 17, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-162 directing the City Engineer to prepare plans and specifications for Project 95-474, Hyland Pointe Townhomea Utility Improvements. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-163 directing the City Engineer to prepare plans and specifications for Project 95-491, Hunters Wood Townhomes 3rd Addition Utility Improvements. Ayes - 4 - Nays - 0. of Goodwin seconded by Sterling, adopting Resolution No. 1995-164 approving plans and specifications for Project 94- 426, Central Trunk Interceptors, and authorizing advertising for receipt of bids at, 2:00 p.m., on August 10, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-165 approving the final plat and subdivision agreement for Walnut Hills and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-166 awarding the contract for Project 95-481, Walnut Hills Utility & Street Improvements, to Erickson Construc- tion, the Iow bidder, in the amount of $322,024.30. Ayes 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-167 awarding the contract for Project 94-430, Palomino Drive & County Road 11 Intersection Reconstruction, to Richard Knutson, Inc., the low bidder, in the amount of $610,092.36, subject to approval by the Minnesota Department of Transportation. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-168 awarding the contract for Project 95-479, Hidden Valley (Zoogate Townhomes) Utility Improvements, to Ryan Contracting, the low bidder, in the amount of $172,664.00. Ayes - 4 - Nays - 0. RES. 1995-160 PROJ. 95-310 PLANS & SPECS. RES. 1995-161 PROJ. 95-474 SET HEARING RES. 1995-162 PROJ. 95-474 PLANS & SPECS. RES. 1995-163 PROJ. 95-491 PLANS & SPECS. RES. 1995-164 PROJ. 94-426 rAKE BIDS RES. 1995-165 WALNUT HILLS FINAL PLAT RES. 1995-166 PROJ. 95-481 AWARD CONTRACT RES. 1995-167 PROJ. 94-430 AWARD GONTRACT RES. 1995-168 PROJ. 95-479 AWARD CONTRACT CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1995 Page 4 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-169 awarding the contract for Project 95-485, Hayes Park Arena Utility Improvements, to Ryan Contracting, the low bidder, in the amount of $107,673.00. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-170 awarding the purchase of a 16-Foot Large Scale Rotary Mower for Park Maintenance to M.T.I. Distributing Co., the lowest responsible bidder, in the amount of $60,038.31. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, adopting 1995-171 prohibiting parking on both sides across the entire City limits. Ayes - 4 - Resolution No. of County Road 42 Nays - 0. of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract with CECA Utilities, Inc., for Project 94- 349, Cedarwick Utility Improvements, in the amount of an additional $2,700.00. Ayes - 4 - Nays - O. of Goodwin, seconded by Starling, approving various change orders to tha contracts for Hayes Park Arena in the total amount of a $39,596.69 net deduction as listed in the Parks & Recreation Director's memo dated July 10, 1995. Ayes 4 - Nays - O. of Goodwin, seconded by Sterling, adopting Resolution No. 1995-172 awarding the contract for Hayes Park Arena Fencing, Section 2831 of Bid Package No. 3, to Keller Fencs Company, Inc., the low bidder, in the amount of $2,621.00. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, accepting Project 94-349, Cedarwick Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $14,345.05. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, accepting Project 94-432, Mistwood Utility & Street Improvements, as final and author- izing final payment on the contract with CECA Utilities, Inc., in the amount of $13,670.37. Ayes - 4 - Nays - 0. of Goodwin, seconded by Sterling, accepting Project 94-446, Foxmoore Ridge Two Utility & Street Improvements, as final and authorizing final payment on the contract with Richard Knutson, Inc., in the amount of $2,402.30. Ayes - 4 - Nays RES. 1995-169 PROJ. 95-485 AWARD CONTRA(]f~ RES. 1995-17 PARK MOWER AWARD PURCH~ RES. 1995-1~ NO PARKING COUNTY ROAD CHANGE ORDEI PROJ, 94-341 HAYES ARENA' CHANGE ORDE! RES. 1995-15 AWARD CONTRt~ ARENA FENCE FINAL PAYME~ PROJ, 94-34? FINAL PAYMEN~ PROJ. 94~432 FINAL PAYMEN PROJ. 94-446 CiTY OF APPLE VALLEY DeMota County, Minnesota July 13, 1995 Page 5 MOTION: of Goodwin, seconded by Sterling, approving reduction of subdivision financial guarantees for: Pennock Point, from $7,575.00 to $6,300.00; The Woodwinds, from $46,650.00 to $11,900.00; and Academy Place, from $45,650.00 to O. Ayes - 4 - Nays - 0. SUBDIVISIONS BOND REDUCTION CONTRACT TREE INSPECTIONS HIRE SEASONAL F~PLOYEES MOTION: of Goodwin, seconded by Sterling, approving contracting with Katherine D. Widen for tree inspection services, of up to one day per week, at $34.00 per hour and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated July 13, 1995. Ayes - 4 - Nays - O. i,;.OTION: of Goodwin, seconded by Sterling, authorizing the new position of Crime Prevention Specialist in the Police Department as described in the Personnel Report dated July 13, 1995. Ayes - 4 - Nays - 0. CRIME PREVENT SPEC. POSITION END OF CONSENT AGENDA Mayor Branning called the public hearing to order, at 8:07 p.m., to PUBLIC HEARING consider Project 95-473, High School No. 4 Utility & Street Improve- PROJ, 95-473 ~e~ts, and noted receipt of the affidavit of publication of the hearing n~aice. Mr. Gretz said the School District asked that the hearing be continued ~ntll the Council's next meeting. ~OTION: of Sterling, seconded by Erickson, continuing the public CONTINUE hearing on Project 95-473, High School No. 4 Utility & PUBLIC HEARING Street Improvements, until August 17, 1995, at 8:00 p.m. Ayes - 4 - Nays - 0. ~iayor Branning called the public hearing to order, at 8:08 p.m., to PUBLIC HEARING ~sider Project 95-488, Cedar Isle Estates 2nd Addition Utility & PROJ. 95-488 2'c~eet Improvements, and noted receipt of the affidavit of publication ~d the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated June 12, 1995. The Mayor asked for questions or comments from the Council ,~rd the audience. There were none and the hearing was declared closed at 8:10 p.m. ~OTiON: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-173 ordering installation of Project 95-488, Cedar Isle Estates 2nd Addition Utility & Street Improvements. Ayes - 4 ~ Nays - O. RES. 1995-173 ORDER PROJECT 95-488 of Erickson seconded by Sterling, adopting Resolution No. 1995~174 approving plans and specifications for Project 95- 488, Cedar Isle Estates 2nd Addition Improvements, and authorizing advertising for receipt of bids at, 2:00 p.m., on August 11, 1995. Ayes ~ 4 - Nays - 0. RES. 1995-174 PROJ. 95-488 TAKE BIDS CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1995 Page 6 Mr. Johnson reviewed his memo dated July 10, 1995, concerning the HAYES SENIOR Senior Center addition to Hayes Community Building. The CDBG funds CENTER ADDN. needed for the project are expected to be released at the end of the month. He reviewed plans for the building addition and said construction is expected to take five to six months. (Councilmember Humphrey attended during this time.) MOTION: of Sterling, seconded by Ertckson, adopting Resolution No. 1995-175 approving plans and specifications for Senior Center Addition to Hayes Oommunity Building, and authorizing advertising for receipt of bids at, 2:00 p.m., on August 8, 1995. Ayes ~ 5 - Nays ~ 0. RES. 1995-17 SENIOR CENTI TAKE BIDS MODEL STONE OPERATING H! MODEL STONE EXTENDED OPERATING H~ Mr. Kelley reviewed his memo dated July 13, 1995, concerning the request of Model Stone Company for temporary extended hours of oper- ation at the site north of 160th Street and east of Pilot Knob Road. MOTION: of Goodwin, seconded by Humphrey, approving extension of Model Stone Company's operating hours, through September 1995, of from 6:00 a.m. to 9:00 p.m. Monday to Friday; and 6:00 a.m. to 4:00 p.m. Saturday, contingent upon demonstra- tion that adequate screening exists to mitigate the noise, as described in the Community Development Director's memo dated July 13, 1995. Counctlmember Erickson asked what the distance is to surrounding homes? Mr. Kelley said about 300 feet to those in Rosemount and 400 to 500 feet to those in Apple Valley. Police Captain Ertckson said they have received a few calls from a couple of the residences concerning noise. When they checked, the noise was generally coming from the operation south of 160th Street. Greg Pruyn, of Model Stone, was present and said the operations north of 160th Street do not involve crushing, only equipment for excavation. The crushing is done south of 160th Street. John Voss, representing Model Stone, said they will be bringing in a revised plan this fall to complete mining in this area. They expect to be out of the area east of Dunbar next year and ready to reclaim it for development. MOTION: of Sterling, seconded by Goodwin, amending the foregoing motion by allowing a starting time of 6:30 a.m. Ayes - 2 (Erickson and Sterling) - Nays - 3. Amendment Failed. AMEND MOTION AMEND MOTION MOTION: of Erickson, seconded by Sterling, amending the foregoing motion by stipulating that approval is subject to periodic Council review to assure the operation is not causing problems in the neighborhood. Ayes ~ 5 - Nays - 0, CITY OF APPLg VALLEY Dakota County, Minnesota July 13, 1995 Page 7 Mayor Branning said he believes berms should be added on the Apple Valley side of the operation like there are on the Rosemount side. Mr. Voss said there is a different situation on that side due to elevation; however, they will be looking at aerial photos in preparing the plan to present to the Council this fall. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. Ms. Bodmer reviewed her memo dated July 7, 1995, concerning a subdi- vision grading permit for Rodeo Hills 3rd Addition. Eldon Hugelen, landscape architect for the developer, reviewed the landscape plans. RODEO HILLS 3RD GRADING Mayor Branning asked if anything can be done to vary the appearance of the units abutting Palomino Drive? Mr. Hugelen commented on difficulty locating a road and retaining existing trees. He said there is about a 40-foot change in elevation from west to east which will break up the appearance. The Mayor said setback variances for units could be considered if needed. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1995-176 authorizing a subdivision grading permit for Rodeo Hills 3rd Addition as recommended by the City Engineer. Ayes - 5 - Nays - 0. RES. 1995-176 RODEO HILLS ~RD GRADING MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-177 approving plans and specifications for Project 95- 482, Rodeo Hills 3rd Addition Utility Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 11, 1995. Ayes - 5 - Nays - O. RES. 1995-177 TAKE BIDS ~ROJ. 95-482 Ms. Bodmer reviewed her memo dated July 7, 1995, concerning vacation of easements in Apple Valley Ford 2nd Addition due to replatting lots from the first addition. A.V. FORD EASEMENTS MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-178 setting a public hearing, at 8:00 p.m., on August 17, 1995, to consider vacating drainage and utility easements on Lots 1 and 2, Block 1, Apple Valley Ford 2nd Addition. Ayes - 5 - Nays - 0. RES. 1995-178 SET VACATION HEARING A.V. FoRD 2ND ORDINANCE 603 JUVENILE CURFEW LELS 1995-96 AGREEMENT MOTION: of Humphrey, seconded by Sterling, accepting the second reading and passing Ordinance No. 603 amending Chapter 14 of the Gity Code by revising night-time curfew regulations for minors and conforming to Dakota County's regulations. Ayes - 5 - Nays - O. Ms. Boland reviewed the terms of the proposed 1995-1996 Labor Agree- ment with LELS for Police Officers. The agreement was reached through mediation and the union voted to accept it last night. CITY OF APPLE VALLEY Dakota County, Minnesota July 13, 1995 Page 8 MOTION: of Sterling, seconded by Erickson, approving the 1995~1996 Contract with Law Enforcement Labor Services, Inc., Local No. 71, for Police Officers, as contained in the Human Resources Director's memo dated July 13, 1995. LELS 1995- POLICE LAB, AGREEMENT .. Councilmember Humphrey said he is opposed to the approach of salary adjustments every six months, on a municipal level, and for that reason will vote against it. He noted he was opposed to this provision in the AFSCME contract; but because it was on the consent agenda, he did not vote against it. Couneilmember Goodwin said he is also concerned, but it is the same increase already approved for non-union and AFSGME employees. He expressed concern about statistics used to calculate cost of living data to justify government salaries. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Humphrey). Mr. Miranowski presented a proposal for construction of a fourth water VALLEYWOOD reservoir. Four sites were considered, and the best location is at WATER Valleywood Golf Course. This site would solve water pressure problems RESERVOIR in the northeast part of the City. Along with construction of the reservoir, water service would be run to the clubhouse and maintenance building. The site is heavily wooded and the reservoir would not be visible from the Huntington subdivision. The City would realize cost savings by not having to build an elevated tower and it would delay expansion of the water treatment plant for four years. The project is estimated to cost $1,344,909; consisting of $803,000 for construc- tion of the two million gallon reservoir, $194,000 for water mains, and $48,409 for Valleywood's water service. Mr. Gretz said tile City's fiscal consultant expects bonds to sell at just under four percent. The project would be repaid by using a combination of funds from the sale of the armory site, current fund balances and a water rate increase. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-179 directing the City Engineer to prepare plans and specifications for Project 95-493, Valleywood Water Reservoir; and Project 95-494, Water Mains for Valle]wood Water Reservoir, as recommended by the Public Works Director. Ayes - 5 - Nays - 0. RES. 1995-179 PLANS & SPEC~ PROJ. 95-493 & 95-494 LMC POLICY COMMITTEES CLAIMS & BILLS Councilmember Sterling said she is serving on LMC Legislative Policy Committees. Anyone with items of concern for the next legislative session can contact her and she will present them to the Co~nittees. MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check registers dated June 29, 1995, in the amount of $5,427,697.62; July 6, 1995, in the amount of $735,103.95; and July 13, 1995, in the amount of $12,206,803,16. Ayes - 5 ~ Nays ~ O. MOTION: of Starling, seconded Goodwin, to adjourn~ Ayes ~ 5 - Nays - O. The meeting was adjourned at 9:32 o'clock p.m.