HomeMy WebLinkAbout12/21/1995CITY OF APPLE VALLEY
Dakota County, Minnesota
December 21, 1995
Minutes of the meeting of the City Council of Apple Valley, Dakota County,
Minnesota, held December 21st, 1995, at 8:00 o'clock p.m., at Apple Valley
City Hall.
PRESENT: Mayor Branning; 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, Finance Director Ballenger, Adminis-
trative Intern Grawe, Parks & Recreation Director Johnson, Community Development
Director Kelley, Assistant Planner Lovelace, Public Works Director Miranowski,
and Police 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.
MOTION: of Erickson, seconded by Sterling, approving the agenda for
tonight's meeting as amended. Ayes - 5 - Nays - 0.
APPROVE AGENDA
AUDIENCE DISC.
CONSENT AGENDA
DEC. 5, 1995
MIN~3TES
DEC. 7, 1995
MINUTES
kES. 1995-330
ARENA DONATION
RES. 1995-331
ARENA DONATION
Mayo~r Branning asked if anyone was present to address the Council at
this time on any item not on this meeting's agenda. No one was
present ~o speak.
MOTION:
of Humphrey, seconded by Goodwin, moving compost site lease
and diseased tree report to the regular agenda, adding
Enderes Addition plat to the consent agenda and approving
all items on the consent agenda. Ayes - 5 - Nays - O.
CONSENT AGENDA ITEMS
MOTION:
of Humphrey, seconded by Goodwin, approving the minutes of
the special meeting of December 5th, 1995, as written. Ayes
- 5 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, approving the minutes of
the regular meeting of December 7th, 1995, as written. Ayes
- 5 - Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-330 accepting, with thanks, the donation of a Zamboni
ice resurfacer (valued at $72,000.00) from Apple Valley
Hockey Association, through B.F.I., for Hayes Park Arena.
Ayes - 5 - Nays - O.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-331 accepting, with thanks, the donation of $20,000.00
from Coca-Cola Bottling for the Hayes Park Arena project.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 21, 1995
Page 2
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-332 accepting, with thanks, the donation of $7,000.00
from Midwest Vending for the Hayes Park Arena project. Ayes
- 5 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-333 accepting, with thanks, the donation of $500.00
from Barton Sand & Gravel Company for the youth of the
community. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-334 approving the Application for Exemption from Lawful
Gambling License for Apple Valley American Legion Auxiliary,
Unit 1776, for an event on February 24, 1996; and waiving
any waiting period for State Gambling Board approval.
Ayes - 5 - Nays - O.
of Humphrey, seconded by Goodwin, approving one-year
extension of the golf car Lease Agreement with Golf Car
Midwest, for a total of $21,600.00, as recommended by the
Golf Course Manager in his memo dated December 11, 1995.
Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, approving the Settlement
Agreement and General Release with SLS Partnership in the
Eaton Mobile Home Park litigation and authorizing the Mayor
and Clerk to sign the same. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwlu, authorizing a credit of up
to $14,000 to Shervoss Company for debris removal expenses
on the northeast corner of County Road 42 and Cedar Avenue;
and denying the request for reduction of permit fees; as
recommended in the City Administrator's memo dated December
14, 1995. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwiu, authorizing refund of the
1996 on-sale wine and beer license fees to VICORP
Restaurants, Inc., d/b/a Bakers Square, as requested in
their letter dated December 5, 1995. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-335 approving Special Assessment Divisions No.: 20904-
Cooperative Addition; 20924-Oak Bend; 20824-Woodwinds 3rd
Addition; 20825-Apple Valley Ford 2nd Addition; 20833-
Eastview Addition; 20977-Hidden Valley Townhomes; 21016-
Cedar Isle Estates 3rd Addition; 21020-Sunset Addition; and
21036-Cedarwick. Ayes - 5 - Nays - 0.
RES. 1995-332
ARENA DONATION
RES. 1995-333
BARTON S & G
DONATION
RES. 1995-334
AUXILIARY
GAMB. EXEMPT,
GOLF CAR LEASE
EXTENSION
EATON PARK
SETTLEMENT
AGREEMENT
SHERVOSS
LANDMARK
CORNER CREDIT
BAKERS SQUARE
FEE REFUND
RES. 1995-335
ASSESSMENT
DIVISIONS
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 21, 1995
Page 3
~TION:
MOTION:
MOTION:
MOTION:
MOTION:
~IOTION:
MOTION:
MOTION:
MOTION:
MOTION:
of Humphrey, seconded by Goodwin, approving reduction of
subdivision financial guarantees for: Alimagnet Landing,
from $10,575 to $5.,865; Briar Knoll, from $23,800 to
$20,700; and Walnut Hill, from $66,200 to $58,150. Ayes - 5
- Nays - 0.
of Humphrey,'seconded by Goodwin, directing the City
Engineer to prepare a preliminary feasibility report for
Project 96-509, Cedar Isle Estates 4th Addition Utility and
Street Improvements. Ayes - 5 - Nays - O.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-336 ordering installation of Project 96-508, The
Woodwinds 4th & 5th Additions Utility and Street Improve-
ments, previously included in the hearing for Project 95-
477. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, approving various change
orders contracts for Hayes Park Arena construction in the
net amount of an additional $4,015~00, as listed in the
Parks & Recreation Director's memo dated December 18, 1995.
Ayes - 5 - Nays - 0.
of Humphrey~ seconded by Goodwin, approving the 1996 general
engineering rates of Bonestroo, Rosene, Anderlik &
Associates, Inc., as contained in Schedule B attached to the
letter dated December 8, 1995. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-337 authorizing transfer of $100,000 from the Liquor
Fund to the General Fund for 1995. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-338 authorizing the transfer of $191,624 from the
Police Relief Fund to the General Fund for 1995. Ayes
Nays - 0.
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-339 authorizing writing off $3,511.30 of uncollectible
insufficient funds checks for 1995. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, approving contracting with
Lynn Boland for Human Resources consultant services as
described in the City Administrator;s memo dated December
14, 1995. Ayes - 5 - Nays - 0.
of Humphrey, seconded by Goodwin, approving the position
description for Human Resources Coordinator and authorizing
proceeding with recruitment to fill the position as
described in the City Administrator's memo dated December
14, 1995. Ayes - 5 - Nays - 0.
SUBDIVISION
BOND REDUCTION
PRELIM. REPORT
PROJ. 96-509
RES. 1995-336
ORDER PROJECT
96-508
CHANGE ORDERS
HAYES ARENA
ENGINEERING
RATES BRA 1996
RES. 1995-337
LIQ. TRANSFER
RES. 1995-338
POLICE TRANSF.
RES. 1995-339
N.S.F. CHECKS
CONSULTANT
SERV. BOLAND
HUMAN RESOURCE
COORDINATOR
RECRUITMENT
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 21, 1995
Page 4
MOTION: of Humphrey, seconded by Goodwtn, approving hiring the part- HIRE SEASONAL
time and seasonal employees as listed in the Personnel EMPLOYEES
Report dated December 21, 1995. Ayes - 5 ~ Nays - 0.
MOTION:
of Humphrey, seconded by Goodwin, adopting Resolution No.
1995-340 approving the final plat of Enderes Addition and
waiving the requirement for a subdivision agreement. Ayes
5 - Nays - O.
RES. 1995-340
ENDERES ADDN~
FINAL PLAT
END OF CONSENT AGENDA
Councilmember Erickson said he asked for discussion on the compost COMPOST SITE
site lease agreement to clarify dumping charges. He asked if the CONTRACT
charges are based on volume or weight and why it costs more to dispose
of leaves in bags than if they are loose? Councilmember Humphrey asked if the
operator could be more flexible in the dates of operation depending on weather
conditions? Mr. Gretz said Staff would look into these issues and report back.
MOTION:
of Erickson, seconded by Humphrey, approving the revised
Contract between Apple Valley, Farmington, Lakeville and
Rosemount and SF, B Environmental for Operation and
Maintenance of the Yardwaste Facility through December 31,
1998, and authorizing the Mayor and Clerk to sign the same.
Ayes - 5 - Nays - 0.
SKB YARDWASTE
SITE CONTRACT
The Council reviewed the report on the 1995 diseased tree program and
noted a decline in the number of oak wilt infected trees. For 1996,
the City will have a total of $36,689.26 for the oak wilt program.
TREE PROGraM
MOTION: of Branning, seconded by Goodwin, receiving the report on
the 1995 Diseased Tree Program as contained in the Forestry
Technical Specialist's memo dated December 14, 1995. Ayes
5 - Nays - 0.
1995 DISEASED
TREE REPOR'~
Mayor Branning called the public hearing to order at 8:10 p.m. to PUBLIC HEARING
consider Project 95-489, Diamond Path Townhomes II Utility and Street PROJ, 95-489 ..
Improvements, and noted receipt of the affidavit of publication of the
hearing notice. Mr. Gordon reviewed the preliminary engineering report dated
November 14, 1995. The Mayor asked for questions or comments from the Council
and the audience.
Councilmember Sterling asked if additional parking spaces will be provided at the
west end of the plat? Mr. Kelley said that will be done under private contract
by the developer.
Francis Meany, 13479 Garden View Drive, commented on minimal green space in
previous townhome developments and noted this appears to have more. Mr. Gretz
said townhome developments are now required to have at least 60 percent green
space and this exceeds that. There were no further questions and the hearing was
declared closed at 8:15 p.m.
CITY OF APPLE VALLEY
D~ota County, Minnesota
December 21, 1995
Page 5
~OTION: · of Humphrey, seconded by Erickson, adopting Resolution No.
1995-341 ordering installation of Project 95-489, Diamond
Path Townhomes II Utility and Street Improvements. Ayes - 5
- Hays - 0.
RES. 1995-341
ORDER PROJECT
95-489
WHITE FUNERAL
HOME
?;~o Lovelace reviewed the Planning Commission recommendation on a
conditional use permit and building permit for White Funeral Home at
t~he northeast corner of 146th Street and Pennock Avenue. Norm Cole,
'~?~e architect, was present to answer questions.
~0TZON:
of Goodwin, seconded by Erickson, adopting Resolution No.
1995-342 approving a Conditional Use Permit for White
Funeral Home on Lots 1-3, Block 2, Valley Commercial Park
2nd Addition, with conditions as recommended by the Planning
Commission. Ayes - 5 - Nays - 0.
RES. 1994-342
WIqITE FUNERAL
HOME C.U.P.
~TION:
of Sterling, seconded by Erickson, adopting Resolution No.
1995-343 authorizing issuance of a building permit for White
Funeral Home on Lots 1-3, Block 2, Valley Commercial Park
2~ Addition, with conditions as recommended by the Planning
Commission. Ayes - 5 - Hays - 0.
RES. 1995-343
WHITE FUNERAL
HOME BUILDING
PERMIT
NOTION:
of Humphrey, seconded by Erickson, adopting Resolution No.
1995-344 approving the 1996 personnel pay and benefit plan,
for all employees not covered by a collective bargaining
agreement, with a three percent increase in the pay scales
effective January 1, 1996, as described in the City
Administrator's memo dated December 21, 1995. Ayes - 5 -
Nays - 0.
RES. 1995-344
1996 PERSONNEL
PAY PLAN
Police Chief Willow gave the first reading of an ordinance adding
~ction 14-6 to the City Code regarding the prohibition of trespass
on private property. The Council accepted the first reading and noted
??~.~ ~econd reading will be scheduled for January 11, 1996.
TRESPASS
ORDINANCE
FIRST READING
Police Chief Willow gave the first reading of an ordinance adding SOUND SYSTEM
S~ction 14-83 to the City Code regulating noise from electronic sound NOISE ORD.
system/audio equipment. The Mayor asked what the penalty will be for FIRST READING
violations? Chief Willow said it will be a misdemeanor. The Council
accepted the first reading and noted the second reading will be scheduled for
J~%ary 11, 1996.
of Erickson, seconded by Humphrey, approving the 1996 1996 MEETING
Council meeting calendar as listed in the City Clerk's memo SCHEDULE
dated December 18, 1995. Ayes - 5 ~ Nays - 0.
;~ro Gretz thanked the Mayor and Council for their support during the
y~an and reviewed the development projects accomplished in 1995. The
list included The Evergreens, a senior assisted living facility; the
1995 ACTIVITY
SUMMARY
cITY OF APPLE VALLEY
Dakota County, Minnesota
December 21, 1995
Page 6
Environmental High School; Chrysler-Plymouth expansion; Midway National Bank; and
Media Play. In all, the City's commercial/industrial valuation grew by
$11,400,000 and 581 residential building permits were issued.
CounciImember Sterling noted the Lakeville Police Department and the
Community Action Council are hosting a domestic abuse awareness
luncheon on January 19th, 1996, from 11:30 a.m. to 2:00 p.m.; at
Brackett's Crossing.
CAC AWARENESS
LUNCHEON
AMMTRANSIT
ISSUES
HAYES PARK
ARENA OPENING
Mayor Branntng thanked Ccunctlmember Humphrey for his participation
in a question and answer session with the Metropolitan Council, at the
Association of Metropolitan Municipalities, regarding opt-out communi-
ties' ~ransit issues.
Councilmember Goodwin invited everyone to attend the grand opening of
Hayes Park Arena on December 27, 1995. There will be free skating
from 9:30 a.m. to 6:30 p.m. with a ribbon cutting ceremony at noon.
Councilmember Humphrey reported on a meeting of the Metropolitan
Council, Transportation Aviation Advisory Subcommittee held today.
Implications of highway access to a new airport wer~ discussed.
A~RPORT ADV.
SUBCOMMITTEE
cLAIMS & BILLS
MOTION:
6f Sterling, seconded by Erickson, to pay the claims and
bills, check registers dated December 14, 1995, in the
amount of $593,401.79; and December 20, 1995, in the amount
of $2,142,255.00. Ayes - 5 - Nays - O.
MOTION: of Humphrey, seconded Sterling, to adjourn. Ayes - 5 - Nays - O.
The meeting was adjourned at 8:44 o'clock p.m.