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HomeMy WebLinkAbout11/07/1995CITY OF APPLE VALLEY Dakota County, Minnesota November 7, 1995 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 7th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Brarming; 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, Assistant Planner Bodmer, Community Development Director Kelley, Assistant Planner Lovelace, 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 Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as presented. 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. Cub Scouts, from Pack 206, were attending the meeting and presented a poster concerning the rights and duties of citizens to the Council. MOTION: of Sterling, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA OCT. 25, 1995 MINUTES OCT. 26, 1995 MINUTES CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the special meeting of October 25th, 1995, as written. Ayes - 3 - Nays - 0 (Branning and Goodwin Abstained). MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of October 26th, 1995, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1995-290 proclaiming November 13-19, 1995, as "Minnesota Chemical Health Week" in support of alcohol and drug abuse prevention efforts. Ayes - 5 - Nays - 0. RES. 1995-290 PROCLAIM CHEM. HEALTH WEEK MOTION: of Sterling, seconded by Humphrey, approving issuance of a Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Tree Farm, for a site in East Valley Plaza on the southeast corner of 140th Street and Pilot Knob Road. Ayes - 5 - Nays - 0. CHRISTMAS TREE SALES LICENSE CHRISTMAS TREE ~ALES LICENSE MOTION: of Sterling, seconded by Humphrey, approving issuance of a Christmas Tree Sales Lot License to Jack R. Sondergard for a lot on Minnehaha-Falls Nursery property, north of 147th and east of Cedar Avenue. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 7, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1995-291 setting a public hearing on 1996 renewal of on-sale liquor, wine and beer licenses, at 8:00 p.m., on December 7, 1995. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1995-292 electing to participate in the Local Housing Inoentlves Program under the Metropolitan Livable Communities Act during calendar year 1996. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No, 1995-293 receiving the preliminary engineering report for Project 95-498, Academy Townhomes Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on December 7, 1995. Ayes - 5 ~ Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1995-294 directing the City Engineer to prepare plans and specifications for Project 95-498, Academy Townhomes Utility Improvements. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1995-295 approving plans and specifications for Project 95- 425, Central Trunk Storm Sewer Pond, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 30, 1995. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving Change Order No. 1 to the contract with Ryan Contracting for Project 95- 479, Hidden Valley Townhomes Utility Improvements, in the amount of an additional $1,389.89. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving Change Order No. 2 to the contract with Nordling Construction, for the Hayes Building Senior Center Addition, in the amount of an additional $1,925.00. Ayes - 5 - Nays - O. of Sterling, seconded by Humphrey, adopting Resolution No. 1995-296 approving divisions of special assessments identified as Dakota County Numbers: 20855, Cedar Isle Countryhomes; 20858, Williamsburg 2nd Addition; 20877, Cedar Points; 20890, Cedar Isle Estates 2nd Addition; and 20911, Walnut Hills. Ayes ~ 5 - Nays - O. of Sterling, seconded by Humphrey, approving a revised procedure on interest charged for special assessment levies, setting the rate at two percent over the most recent bond issue average rate, rounded up to the next half percent, as described in the Finance Director's memo dated November 2, 1995. Ayes - 5 o Nays - O. RES. 1995-291 SET HEARING LIO, LICENSES RES. 1995-292 LIVABLE COM. HOUSING PROC, RES, 1995-293 SET HEARING PROJ, 95-498 RES. 1995-294 PLANS & SPECS. PROJ. 95-498 RES. 1995~295 TAKE BIDS PROJ. 95-425 CHANGE ORDER 1 pRQJ. 95-479 CHANGE ORDER 2 HAYES SENIOR CENTER ADDN. RES. 1995-296 ASSESSMENT DIVISIONS SET ASSESSMEb~.~ INTEREST ~Tw CITY OF APPLE VALLEY Dakota County, Minnesota November 7, 1995 Page 3 MOTION: of Sterling, seconded by Humphrey, accepting the resignation of Laura Steadman, youth representative, from the Parks and Recreation Advisory Committee, dated October 20, 1995. Ayes - 5 - Nays - 0. STEADMAN PARK COM. RESIGN MOTION: of Sterling, seconded by Humphrey, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated November 7, 1995. Ayes - 5 - Nays - O. HIRE SEASONAL EMPLOYEES PARK COMMITTEE YOUTH REP. DIAMOND PATH TOWNHOMES II ORDINANCE 607 REZONE DIAMOND PATH T.H. II END OF CONSENT AGENDA Gouncilmember Goodwin said the position of youth representative on the Parks and Recreation Advisory Committee has been very beneficial and Ms. Steadman's participation was appreciated. The Park Director will be working to find a replacement. Ms. Bodmer reviewed the Planning Commission report on the proposed Diamond Path Townhomes II, located south of Echo Lane at the 130th Street alignment. The 12 units of townhomes will be constructed 'in six buildings, at density of 2.76 units per acre. MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 607 rezoning the proposed Diamond Path Townhomes II from "A',, agriculture, to "R-5", two-family residential, as recom- mended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-297 approving the preliminary plat of Diamond Path Townhomes II, for 12 units, and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. RES. 1995-297 PRELIM. PLAT DIAMOND PATH TOWNHOMES II Gouncilmember Sterling asked if there is anywhere to add visitor parking? Councilmember Humphrey suggested adding some parking spaces at the west end of the site. Tom Bisch, of Heritage Development, said a variance would be required to add spaces at the west end; however, that is the only area where soil conditions would allow adding spaces. MOTION: of Sterling, seconded by Goodwin, amending the foregoing AMEND MOTION motion by granting a setback variance to add at least three parking spaces at the west end of the private road. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-298 approving the site plan of Diamond Path Townhomes II, authorizing issuance of a building permit for 12 units, and granting setback variances; all with conditions as rec- ommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1995-298 DIAMOND PATH T.H. II BLDG. PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota November 7, 1995 Page 4 MOTION: of Sterling, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for installation of Diamond Path Townhomes II utility improve- ments. Ayes - 5 - Nays - 0. DIAMOND PATH T.H. II PRELIM, REPORT Mr. Lovelace reviewed the Planning Commission report concerning VALLEY COM. changing the Comprehensive Plan designation and zoning to limited PARK 2ND business on the area north of 146th Street and east of Pennock Avenue. ZONING The changes would conform to the existing uses except the emergency animal care facility which would continue as a pre-existing use. Councilmember Humphrey noted that veterinarian clinics, treating small animals, might be able to be included as a permitted use in a future amendment to limited business uses. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-299 authorizing submitting amendment of the Compreo hensive Land Use Guide Plan Map to the Metropolitan Council changing the use from RB (retail business) to LB (limited business) on Lots 1 through 16, Block 2, Valley Commercial Park 2nd Addition, as recommended by the Planning Commis- sion. Ayes - 5 - Nays - 0. RES. 1995-299 VALLEY COM. PARK 2ND COMP. PLAN AMEND Mr. Gretz reviewed the proposal for formation of the Suburban Transit Association; initially with 10 members. The purpose is to address matters common to transit opt-out communities. The dues will be $.20 per capita which will be paid by billing the MVTA for services the City has provided. The Co-Chair of the organization is Mayor Branning. SUBURBAN TRANSIT ASSOCIATION' Mayor Brannlng commented on concerns of transit opt-out communities with regard to providing services. The MVTA now has a joint powers agreement with the Metropolitan Council, but opt-out communities still have different needs in that area as a whole. MOTION: of Branning, seconded by Humphrey, approving the Joint and Cooperative Agreement establishing the Suburban Transit Association and the Bylaws and authorizing the Mayor and Clerk to sign the same. SUBURBAN TRANSIT ASSN. J.P. AGREEMENT Councilmember Goodwin said he is uncomfortable setting up an organization to go against the Metropolitan Council Transit Operations (MCTO) in lobbying for limited funds. Mayor Branning said they are not establishing the group to go up against MCTO, but to pursue legislation if needed. Councilmember Humphrey said there are a number of issues that come before the legislature related to transit which suburban communities have to stay on top of. Until other transit dollars can be found, there will be conflicts between the opt-outs and MCTO. Mayor Branning said the legislature encouraged opt-outs to join together and present a unified front. The Suburban Transit Association is not an organization against any agency, but for suburban transit. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Goodwin). CITY OF APPLE VALLEY Dakota County, Minnesota November 7, 1995 Page 5 Councilmember Sterling said she will be attending the Dakota League of Governments meeting on November 8, 1995, since Mayor Branning will be out of town. DAKOTA LEAGUE COFFEE SHOP CLAIMS & BILLS Councilmember Sterling noted that a new coffee shop has opened, next to Andy's Market, serving coffee and pastries. MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated November 2, 1995, in the amount of $2,902,497.10; and November 6, 1995, in the amount of $3,921,418.65. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:45 o'clock p.m.