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HomeMy WebLinkAbout11/21/1995CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1995 Minutes of the meeting of the City Council ef Apple Valley, Dakota County, Minnesota, held November 21st, 199§, at 8:00 o'cleck p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Gouncilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Personnel Director Boland, Parks & Recreation Director Johnson, Community Development Director Kelley, Public Works Director Miranowski, and Pelice Chief Willow. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Branning thanked Bruce Becker, and the Apple Valley High School Choir, for entertaining at the "10th Annual Holiday Decoration Lighting Ceremony" held at 7:30 p.m. to night. 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. Robert Erickson, LAKEVILLE City Administrator of Lakeville, was present to express appreciation SEWER PROJECT for the job the Public Works Director, Engineer, and Field Inspectors have done in managing the sewer construction project in Lakeville. He also informed the Council that Lakeville has now acquired the additional park land, south of County Road 46, as stipulated in the agreement. Development of the 40- acre park can now proceed. MOTION: of Humphrey, seconded by Sterling, moving consideration of the Suburban Transit Association Agreement to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA NOV. 7, 1995 MINUTES CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the meeting of November 7th, 1995, as written. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1995-300 accepting, with thanks, the donation of three Polaroid cameras from Polaroid Corporation for the Police Department. Ayes - 5 ~ Nays - 0. RES. 1995-300 POLICE CAMERA DONATION MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1995-301 accepting, with thanks, the donation of $6,000 from the Apple Valley Hockey Association, Hockey Booster Club, and Figure Skating Club toward an audio system for the Sports Arena. Ayes - 5 - Nays - 0. RES. 1995-301 ARENA AUDIO SYS. DONATION CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Sterling, approving the Agreement with Dakota County and GIS Cities revising Cost Sharing of Aerial Photography, Photogrammetry Hardware and Software, Training and Maintenance; to allow in-house base map updating; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, appointing Mayor Branning as the City's representative on the Suburban Transit Association Board. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1995-302 affirming lapse of the approvals for Phillips Petroleum's building permit and conditional use permit on Lot 1, Block 1, Carroll Center 2nd Addition, which expired as of October 25, 1995. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1995-303 approving the final plat and Subdivision Agreement for Midway National Bank Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1995-304 receiving the preliminary engineering report for Project 95-489, Diamond Path Townhomes II Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on December 21, 1995. Ayes - 5 - Nays - O. of Humphrey, seconded by Sterling, adopting Resolution No. 1995-305 directing the City Engineer to prepare plans and specifications for Project 95-489, Diamond Path Townhomes II Utility and Street Improvements. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 2 to the contract with Ryan Contracting, Inc., for Project 95-485, Hayes Park Arena Utility Improvements, in the amount of an additional $6,685.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving change orders to various contracts for Hayes Park Arena Construction, in the total amount of an additional $22,377.06, as listed in the Parks & Recreation Director's memo dated November 17, 1995. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No~ 1995-306 awarding the purchase of a 4-Wheel Drive Sidewalk Plowing Tractor for Park Maintenance to MacQueen Equipment, the low bidder, in the amount of $59,608.00. Ayes - 5 - Nays - 0. REVISED GIS COST SHYING AGREEMENT SUBURBAN TRANSIT REP. RES. 1995-302 PHILLIPS PET. EXPIRATIONS RES. 1995-303 MIDWAY BANK FINAL PLAT RES. 1995-304 SET HEARING PROJ. 95-489 RES. 1995-305 PLANS & SPECS. PROJ. 95-489 CHANGE ORDER 2 PROJ. 95-485 CHANGE ORDERS HAYES ARENA RES. 1995-306 AWARD PfdLKS TRACTOR CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1995 Page 3 MOTION: of Humphrey, seconded by Sterling, approving a revised fee schedule for the City Attorney, effective January 1, 1996; of $8,583.00 per month for civil work, $12,875.00 per month for criminal work, and $95.00 per hour for special matters; as detailed in the letter dated November 10, 1995. Ayes - 5 ~ Nays - 0. 1996 CITY ATTORNEY'S FEE MOTION: of Humphrey, seconded by Sterling, approving renewal of Flexible Spending Account Administration Services with DCA, Inc., for 1996 and a revised fee schedule as listed in the Human Resources Director's memo dated November 21, 1995. Ayes - 5 - Nays - 0. DCA FLEXIBLE SPENDING ACCT. ADMINISTRATION MOTION: of Humphrey, seconded by Sterling, approving hiring Karen Sprattler for the position of Grime Prevention Specialist as listed in the Personnel Report dated November 21, 1995. Ayes - 5 - Nays - 0. HIRE SPRATTLER CRIME PREVENT. MOTION: of Humphrey, seconded by Sterling, approving hiring Bruce Waytashek for the position of Utility Maintenance Worker I as listed in the Personnel Report dated November 21, 1995. Ayes - 5 - Nays - 0. HIRE WAYTASHEK UTIL. Mi~TC. HIRE SEASONAL EMPLOYEES BOLAND RESIGNATION MOTION: of Humphrey, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated November 21, 1995. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, receiving, with regret, notice of Lynn Boland's resignation as Human Resources Director effective November 29, 1995. Ayes - 5 - Nays ~ 0. END OF CONSENT AGENDA MOTION: of Branning, seconded by Humphrey, adopting Resolution No. 1995-307 approving the Joint and Cooperative Agreement establishing the Suburban Transit Association and the Bylaws and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 1 (Goodwin). RES. 1995-307 SUBURBAN TRANSIT ASSN. Mayor Branning called the public hearing to order at 8:08 p.m. to con- PUBLIC HEARING sider vacation of drainage and utility easements in Academy Village EASEMENT & and the southern half of the unconstructed right-of-way for 142nd 142ND STREET Street and noted receipt of the affidavit of publication of the hear- VACATION lng notice. Mr. Kelley reviewed the location of the property which is being replatted as Academy Townhomes. The Mayor asked for questions or comments from the public; there were none. Mayor Branning said vacating the south half of the street right-of-way precludes construction and asked if there would ever be need for a street in that location? CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1995 Page 4 Mr. Kelley said the traffic consultant reviewed the proposal and did not believe a street would be needed or would be desirable in that location. Mayor Branning asked if the development could proceed without the vacation? Mr. Kelley said a portion of the driveway and parking would be in the right-of-way. It would require a variance to meet the technical green space requirements. Mr. Dougherty said if part of the right-of-way is allowed to be used for parking, it could be considered that the City has abandoned it and vacated it by default. Gouncilmember Sterling asked if the existing pathway will remain? Mr. Kelley said that is on the north half of the right-of-way and will not change. Mayor Branning noted this street alignment was originally old Hayes Road and provided the only access to the Lake Alimagnet area. This historical significance should be noted. There were no other questions or comments and the hearing was declared closed at 8:20 p.m. MOTION: of Goodwin, seconded by Sterling, adopting Resol6tion No. 1995-308 approving completion of vacation drainage and utility easements on Lots 2, 3, 4, and 6, Block 1, Academy Village; and the south half of the unconstructed portion of 142nd Street right-of-way. Ayes - 5 - Nays - O. RES. 1995-308 COMPLETE ACADEMY VILL. VACATIONS Mayor Branning called the public hearing to order, at 8:21 p.m., to consider Project 95-504, Utility Improvements for Lots 13, 14 and 15, White Oak Ridge; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 19, 1995. The Mayor asked for questions or com- ments from the Council and the public; there were none. PUBLIC HEARING PROJ. 95-504 PULTE/WHITE OAK UTILITIES Mr. Dougherty distributed a copy of the Court's Judgment in the claim of Ronald and Cynthia Dorken to prevent Pulte Homes from constructing a private roadway for access to the three lots. He asked the Council not to take action on the utility installation until they have had an opportunity to review the Order. The hearing was declared closed at 8:24 p.m. Mayor Branning called the public hearing to ordsr, at 8:25 p.m., to PUBLIC HEARING consider Project 95-497, Deer Run, Sunset Place, and 12199 Galaxie PROJ. 95-497 Avenue Utility Improvements; and noted receipt of the affidavit of DEER RUN publication of the hearing notice. Mr. Gordon said that, due to UTILITIES changes in extension of utilities to property surrounding Deer Run, the preliminary engineering report will be revised and no action should be taken at this time. The Council received a letter from J. L. Littrell withdrawing the property at 12199 Galaxie from the project. The hearing was closed at 8:28 p.m. Mr. Miranowski distributed revisions to the Agreement for Highway Design and Reconstruction of County Road 46 and reviewed his memo dated November 21, 1995. The revisions were requested by the City of Lakeville which is also a party to the Agreement with Dakota County. C.R. 46 CONSTRUCTION AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1995 Page 5 MOTION: of Goodwin, seconded by Humphrey, approving the Agreement with Dakota County and the City of Lakeville for Highway Design and Construction of County Road 46, between Cedar Avenue and Pilot Knob Road, as revised; County Project 46- 06, and authorizing the Mayor and Clerk to sign the same. C.R. 46 CONSTRUCTION AGREEMENT Mayor Brauning questioned the need for pathway on both sides of the road at this time because the north side, in Apple Valley is undeveloped. Residents in Lakeville will use the path on the south side. Mr. Miranowski said the County is paying for 100 percent of the path on the south side; Lakeville and Apple Valley are each paying for 50 percent of the path on the north side. Because it is included with a road construction project, Municipal State Aid funds can be used to pay for up to an eight-foot wide pathway. The pathway constructed separately would not be eligible for such funding. The pathways will be 10 feet wide so the Cities will be paying for two additional feet. Mayor Branning said he still questions the pathway because there is no path along Pilot Knob Road. He also asked if the Cities should open discussions with the County about maintenance on County Road 46 east of Pilot Knob? Mr. Miranowski said construction east of Pilot Knob is part of the alignment issue for an extension to Highway 52. The County has a task force working on that issue. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Branning Abstained). MOTION: of Erickson, seconded by Goodwin, approving Traffic Signal Agreement No. 96-01 with Dakota County and the City of Lakeville for signals on County Road 46 at Galaxie Avenue, Foliage Avenue, Flagstaff Avenue, and Pilot Knob Road; and authorizing the Mayor and Clerk to sign the same. C.R. 46 TRAFFIC SIGNAL AGREEMENT Councilmember Humphrey said he is concerned about future realignment of Highview south of 160th Street at Garden View Drive. There will need to be some attempt to control traffic onto Garden View from 160th Street. Councilmember Erickson noted that traffic speed problems are continuing on Garden View Drive. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Gretz gave the first reading of an ordinance adding Section 17-13 ADULT ENTER- to the City Code extending the moratorium on adult use establishments TAINMENT until December 31, 1996. The current moratorium expires January 12, MORATORIUM 1996. Mayor Branning asked if there is a draft ordinance yet? Mr. EXTENSION Dougherty said not yet, but they hope to have one by January or February. Mayor Branning asked if the Urban Affairs Committee is part of the study group? Mr. Kelley said the Planning Commission will be involved in the zoning study and ordinance and the Urban Affairs Committee will be involved in whatever licensing issues result from the regulations. The Council accepted the first reading. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1995 Page 6 Mayor Branning noted the Council will be attending the National League of Cities annual Congress of Cities from November 29th through December 2nd, 1995. NLC CONFERENCE Councilmember Sterling said she attended the League of Minnesota Cities LMC POLICIES policy adoption meeting on November 17, 1995, and has copies of the policies should anyone wish to review them. MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated November 15, 1995, in the amount of $18,746,405.74; and November 20, 1995, in the amount of $222,139.20. Ayes - 5 ~ Nays - O. CLAIMS & BILLS MOTION: of Goodwin, seconded Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:00 o'clock p.m.