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HomeMy WebLinkAbout10/12/1995CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 1995 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 12th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin, 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, Adminis- trative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, and Police Chief Willow. Acting Mayor Sterling called the meeting to order at 8:00 p.m. The Councitmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA 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. Dick 142ND STREET Unger, 8489 - 142nd Street Court, said their neighborhood sent a PATHWAY letter asking for a paved pathway connecting Hayes Road with 142nd Street Court. They understand the Park Director looked at the site and was concerned that topography would make a paved path dangerous. They would like the Council to consider installing a woodchip pathway instead. Ken Baribeau, 8457 - 142nd Street Court, showed a map of the path location. He said a path exists there because students use it to walk through the area. He can get woodchips from the City of Minneapolis Park Board. Gary Keller, who works with the Boy Scouts on projects, suggested the Scouts could do this project. They are not asking for vacation of the right-of-way, they just want it used as a pathway. Mr. Unger said the developer of Academy Townhomes is asking for vacation of 30 feet of this right-of-way to increase the number of units in the development. The neighborhood believes it should be a public pathway instead. Acting Mayor Sterling said the Planning Commission will be considering the development at its meeting on October 19, 1995. This issue should be considered along with the development proposal. Councilmember Erickson asked that Staff also review the request and provide input on a recommendation. MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGEND~ CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 1995 Page ~ MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the meeting of September 28th, 1995, as written. Ayes - 4 ~ Nays ~ O. of Goodwin, seconded by Humphrey, proclaiming October 16, 1995, as "World Food Day" and encouraging all citizens to participate in emergency food programs and work toward a solution to hunger issues. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-262 accepting, with thanks, the donations of $1,000 for the Senior Citizens' Holiday Dinner and $1,000 for public safety equipment from American Legion Post 1776. Ayes - 4 - Nays ~ 0. of Goodwin, seconded by Humphrey, approving issuance of a Christmas Tree Sales Lot License to B & J Tree Farms at Cub Foods. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving issuance of a 1995 License to Collect Refuse to Haul-Tech Environmental. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-263 approving an Application for Exemption from Lawful Gambling License for American Legion Auxiliary Unit 1776, for an event on November 18, 1995, and waiving any waiting period for Gambling Board approval. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving the 1996 Joint Powers Agreement for the South Metro Drug Task Force and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-264 authorizing entering into a Mutual Aid Agreement with Dakota County police, fire, and ambulance agencies for the joint and cooperative use of Traffic Signal Preemption Systems. Ayes - 4 - Nays ~ 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-265 approving a Conditional Use Permit for outdoor display/storage of vehicles for Apple Valley Chrysler Plymouth on Lots 3 and 4, Block 1, Apple Valley Ford 2nd Addition, as recommended by the Planning Commission. Ayes - 4 - Nays ~ 0. SEPT. 28, 1995 MINUTES PROCLAIM WORLD FOOD DAY RES. 1995-262 LEGION DONATIONS CHRISTMAS TREE SALES LICENSE REFUSE COLLEC- TION RES. 1995-263 LEGION AUXIL. GAMB. EXEMPT SOUTH METRO TASK FORCE AGREEMENT RES. 1995-264 JOINT SIGNAL PREEMPT USAGE RES. 1995-265 CHRYSLER/PLY CONDL, USE CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-266 authorizing issuance of a building permit to Apple Valley Chrysler Plymouth for an outdoor display/sales lot on Lots 3 and 4, Block 1, Apple Valley Ford 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, granting a variance to allow construction of a 4-foot by 12-foot internally-lit canopy sign, with 22.5 square feet of copy area, for Kennedy. Transmission on Lot 2, Block 6, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with VI-CON for Project 95-471, 1995 Street Maintenance Program, in the amount of an additional $7,514.16. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with Ryan Contracting for Project 95-485, Hayes Park Arena Utility Improvements, in the amount of an additional $13,238.00. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving various change orders to contracts for Hayes Park Arena in the net amount of an additional $10,342.00 as listed in the Park & Recreation Director's memo dated October 9, 1995. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving Change Order No. 1 to the contract with Nordling Construction for the Hayes Building Senior Center Addition in the amount of an additional $3,000.00. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, accepting Project 95-471, 1995 Street Maintenance Program, as final and authorizing final payment on the contract with VI-CON, in the amount of $67,155.56. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, approving reduction of the subdivision financial guarantee for Cedar Pointe 2nd Addition, from $97,150 to $15,800. Ayes - 4 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-267 awarding the purchase of a Dump Body and Snow Plow Equipment for Street Maintenance to J-Craft, Inc., the lowest bidder meeting specifications, in the amount of $39,481.20. Ayes - 4 - Nays - 0. RES. 1995-266 CHRYSLER/PLY BLDG. PERMIT SIGN VARIANCE KENNEDY ~RANSMISSION CHANGE ORDER t PROJ. 95-471 CHANGE ORDER 1 PROJ. 95-485 HAYES ARENA CHANGE ORDERS CHANGE ORDER 1 SENIOR CENTER BLDG. ADDITION FINAL PAYMENT PROJ. 95-471 SUBDIVISION BOND REDUCTION RES. 1995-267 PURCHASE SNOW PLOW EOUIPMENT CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 1995 Page 4 MOTION: of Goodwin, seconded by Humphrey, approving renewal of the Seasonal Working Agreement with OWOBOPTE Industries, Inc., for the period September 29, 1995, to March 29, 1996; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. RENEW OWOBOPTE AGREEMENT HIRE SEASONAL EMPLOYEES MOTION: of Goodwin, seconded by Humphrey, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated October 12, 1995. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Jackie Magnuson, Board Chair of Independent School District No. 196, ISD 196 LEVY was present to discuss the levy referendum set for November 7, 1995.' REFERENDUM She reviewed projections showing the District will face a $45,000,000 deficit between 1996 and 2000 without the additional revenue. The purpose of the levy referendum is to reduce class sizes and maintain programs. She noted that though the question on the ballot will ask for $517.00 per pupil unit, the District will actually receive $400.00 per pupil unit. State formulas require this language, however, property owners would be taxed on the $400.00 per pupil unit basis. The Council thanked her for meeting with them and reminded everyone to become informed and vote on November 7th. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-268 approving the Amendment to the Joint Powers Agreement for the 1-35W Solutions Alliance; changing the quorum requirements and extending its term to December 31, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays -0. RES. 1995-268 AMEND 1-35W J.P. AGREEMENT MOTION: of Goodwin, seconded by Humphrey, appointing Mayor Branning, Councilmember Humphrey, John Gretz, Charles Grawe and Rick Kelley as the City's representatives to the 1-35W Solutions Alliance. Ayes - 4 ~ Nays - 0. 1-35W ALLIANCE REPRESENTATIVE 1-35W ALLIANCE DUES PAYMENT MOTION: of Humphrey, seconded by Erickson, authorizing payment of any past due and current dues to the 1-35W Solutions Alliance. Ayes ~ 4 - Nays - 0. The Council received the 1-35W Solutions Alliance's draft position TRANSPORTATION statement/white paper concerning transportation funding and taxation FUNDING STMT, issues. Mr. Kelley said the document is submitted for receipt only and will be used to advocate funding for transportation, including for 1-35W. Mr. Kelley reported on the Metropolitan Council's tour of southerly and easterly metro communities on October 9, 1995. These tours are being conducted as part of a report being prepared for the legislature. The report will deal with options for growth of services in the region. concluded with an open forum at Rosemount Community Center. MET. COUNCIL SOUTH TOUR The tour CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 1995 Page 5 MOTION: of Humphrey, seconded by Erickson, canceling the informal meeting of October 19, 1995, because necessary items were discussed at the special meeting held earlier tonight. Ayes - 4 - Nays - 0. CANCEL~E~TI~ Acting Mayor Sterling reminded the Council that an open house for Orchard Square, the HRA's new senior housing development, will be held October 25, 1995, from 3:00 to 5:00 p.m. with a dedication ceremony at 4:00 p.m. ORCHARD SQ. OPEN HOUSE MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check registers dated October 5, 1995, in the amount of $1,369,434.77; and October 11, 1995, in the amount of $6,950,563.03. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:37 o'clock p.m.