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HomeMy WebLinkAbout07/28/1994CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minneeota, held July 28th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning (attended until 8:25 p.m.); 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, Personnel Director Boland, Police Captain Ertckson, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, and Public Works Director Mtranowskt. 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 Humphrey, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Sterling, seconded by Humphrey, adding Ghristus Victor Church Gambling Exemption and Hearing to Vacate Easements in Foxmoore Ridge Two to the consent agenda; moving memo on New Gifts Law to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of July 14th, 1994, as written. Ayes - 4 - Nays - 0 (Erlckson Abstained). of Sterling, seconded by Humphrey, approving the minutes of the special meeting of July 21st, 1994, as written. Ayes - 5 - Nays - 0. JULY 14, 1994 MINUTES JULY 21, 1994 MINUTES MOTION: of Sterling, seconded by Humphrey, receiving the Apple Valley Ftrefighters' Relief Association resolution certifying the City's 1995 financial obligation to the Special Fund in the amount of $59,456.00 Ayes - 5 Nays - 0. -FIRE RELIEF 1995 TAX LEVY. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-226 approving amendments to the Bylaws of the Apple Valley Ftrefighters' Relief Association as approved by the membership at a special meeting held July 10, 1994. Ayes - 5 - Nays - 0. RES. 1994-226 AMEND FIRE RELIEF BYLAWS CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1.994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, approving replacement of a lost registered bond; General Obligation Equipment Bonds of 1986, 6.5% Due 8/1/91, Certificate #R-80 @ $10,000 registered in the name of Thomas B. Hemphill and Margaret Clark; as requested by First Trust. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-227 setting a public hearing at 8:00 p.m. on August 25, 1994 to consider the application of Marie's Midwest, Inc., d/b/a East Side Marie's, for an on-sale liquor license. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving an Agreement with the U.S. Department of Veterans Affairs for use of the City's water truck from August 4 to 7, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded Attorney's reports on houses dated July 25, by Humphrey, receiving the City home occupations and removal of burned 1994. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-228 authorizing issuance of a building permit for expansion of the bus garage on Lot 1, Block 2, North Star Industrial Park, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, granting a setback variance to allow construction of a new house on Lot 2, Block 1, Cobblestone 1st Addition, to within 20 feet of the front lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, granting a setback variance to allow construction of a deck on Lot 14, Block 1, Oreenleaf Park Estates 2nd Addition, to within 7.47 feet of the side lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving reduction of subdivision financial guarantees for: Oardenview P~a~ 1st, from $8,000 to 0; Academy Place, from $93,150 to $45,650; and The Oaks of Apple Valley IV, from $14,241 to 0. Ayes 5 - Nays - 0. ~ of Sterling, seconded by Humphrey, adopting Resolution No. 1994-229 approving plans and specifications for Project 94- 446, Foxmoore Ridge Two Utility Improvements, and authori- zing advertising for receipt of bids on August 18, 1994, at 2:00 p.m. Ayes - 5 - Nays - 0. REPLACEMENT OF LOST BOND RES. 1994-227 MARIe'S LIQUOR LIC, HEARING VET. DEPT. WATER TRUCK AGREEMENT HOME OCCUPATN. & NUISANCES REPORTS RES. 1994-: BUS GARAGE BLDG, PERMIT FRONT VARIANCE COBBLESTONE 1 SIDE VARIANCE GREENLEAF PAPK ESTATES SUBDIVISION RES. 1994~2~ TAKE BIOS PROJ, 94-44~ CITY OF APPLE VA~.RY Dakota County, Minnesota July 28, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-230 approving plans and specifications for Project 94- 452, Johnny Cake/Pilot Knob Industrial Area Utility & Street Improvements, and authorizing advertising for receipt of bids on August 19, 1994, at 2:00 p.m. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-231 awarding the contract for Project 94-351, Alimagnet Landing Utility & Street Improvements, to Schield Construc- tion, the low bidder, in the amount of $132,631.44. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-232 awarding the contract for Project 94-432, Mistwood Utility & Street Improvements, to CECA Utilities, the low bidder, in the amount of $402,957.25. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-233 awarding the contract for Project 94-442, The Woodwinds 2nd Addition Utility & Street Improvements, to Schteld Construction, the low bidder, in the amount of $218,794.44. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving Change Order No. 1 to the contract with Arcon Construction Co., Inc., for Project 94-428, Cedar Isle Estates Utility & Street Improvements, in the amount of an additional $130,000.00. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving a contract with JMG Contracting, Inc., for fire hydrant painting services, based on the low quotation of up to $6,500.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-234 approving the final plat and subdivision agreement for Apple Ponds 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving the Employment Agreement with John Gretz for the position of City Administrator and authorizing the Mayor and Clerk to sign _ the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving compensation for Bruce Erickson as Acting Chief Law Enforcement Officer, from February to September, as described in the Personnel Director's memo dated July 20, 1994. Ayes - 5 - Nays - 0. RES. 1994-230 TAKE BIDS PROJ. 94-452 RES. 1994-231 AWARD CONTRACT PROJ. 94-351 RES. 1994-232 AWARD CONTRACT PROJ. 94-432 RES. 1994-233 AWARD CONTRACT PROJ. 94-442 CHANGE ORDER 1 PROJ. 94-428 CONTRACT FIRE HYDRANT PAINT RES. 1994-234 FINAL PLAT APPLE POND 5TH GRETZ ADMIN. EMPLOYMENT AGREEMENT ACTING CHIEF LEO COMPENSATN CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1994 Page 4 MOTION: of Sterling, seconded by Humphrey, approving hiring Roger B. Willow for the full-time position of Police Chief effective September 6, 1994, as described in the Personnel Report dated July 28, 1994. Ayes - 5 - Nays - 0. HIRE WILLOW POLICE CHIEF HIRE SYRING ADMIN, SECRETY HIRE PART-TIME EMPLOYEES MOTION: of Sterling, seconded by Humphrey, approving hiring Laura Syrtng for the full-time position of Administration Secretary effective August 8, 1994, as described in the Personnel Report dated July 28, 1994. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated July 28, 1994. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-235 approving an Application for Exemption from Lawful Gambling License for Christus Victor Lutheran Church for a raffle on August 28, 1994, and waiving any waiting period for Gambling Control Board approval. Ayes - 5 - Nays - 0. RES. 1994-235 GHRISTUS VICTR GAMBLING LIC. EXEMPTION MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-236 setting a public hearing at 8:00 p.m. on August 25, 1994, to vacate an easement in East Valley Plaza on property being replatted as Foxmoore Ridge Two. Ayes - 5 - Nays - 0. RES. 1994-2 EASEMT. SET HEARING END OF CONSENT AGENDA Councilmember Goodwin asked for discussion on the new law prohibiting NEW LAW gifts to local officials which becomes effective August 1, 1994. He ON GIFTS said the law is poorly drafted and there is disagreement on its inter- pretation. It does not specify any time frames, intent, and makes no distinction between social settings and business or political settings. The Anoka County Attorney's office also advised there is a penalty for violation of the law by local officials but no penalty for legislators. MOTION: of Goodwin, seconded by Eriekson, adopting Resolution No. 1994-237 objecting to legislation, enacted as M.S. 471.895, prohibiting certain gifts by interested persons, because, among other problems, it does not treat local officials and legislators equally and directing that letters be sent to the Governor and area legislators. Ayes - 5 - Nays - 0. RES. 1994-237 OBJECT ........ -~= LAW ON G~i Mayor Branntng noted the Council approved hiring Roger Willow as the ERICKSON new Police Chief earlier in the meeting. He expressed appreciation to RECOGNITION Bruce Erickson for serving as Acting Chief Law Enforcement Officer WILLOW during the past six months and presented a plaque to him recognizing this service. Mayor Branning introduced Roger Willow and his wife, Sandy, who will become Police Chief September 6th. Mr. Willow thanked the Council for selecting him and the opportunity to work for the City. (Mayor Branntng left the meeting at 8:25 p.m.) CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1994 Page 5 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. RING-AROUND- Merrily Tipler, of the Ring-Around-The-Arts Festival Committee, pre- THE-ARTS FEST. sented a framed poster to the Council. She reminded everyone that the Festival will be held September 17 and 18, 1994, from 10:00 a.m. to 6:00 p.m. each day, and thanked the City for its support. James O'Meara reviewed the purpose of establishing Tax Increment PUBLIC HEARING Financing District No. 13; a redevelopment district for the gravel TIF DISTRICT mining area north of County Road 42 and east of Galaxie Avenue. It NO, 13 would be a 25-year district. Establishing it makes no commitment on assistance for development in the district. The action also amends the scope of activities in the plan for the master development district. The amendments would allow possible assistance relating to electric utility lines and facilities. Acting Mayor Sterling called the public hearing to order at 8:35 p.m. to consider establishing Tax Increment Financing District No. 13 and noted receipt of the affidavit of publication of the hearing notice. She said the Economic Develop- ment Authority held a hearing on the same proposal at its meeting earlier this evening. She asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:36 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-238 approving Development District and Tax Increment Financing Amendments and establishing Tax Increment Financing District No. 13 as a redevelopment district. Ayes - 4 - Nays - 0. RES. 1994-238 ESTABLISH TIF DISTRICT 13 Mr. Miranowski reviewed his memo dated July 25, 1994, concerning cul PROJ. 94-457 de sac design in Project 94-457, Middle School No. 6 Utility and CUL DE SAG Street Improvements. Residents were concerned about potential parking DESIGN problems on the cul de sacs. Installation of islands was discussed, but after further review, it was determined the islands would serve no purpose. State traffic laws already prohibit parking in the center of cul de sacs. He showed a revised "lollipop" design which would reduce the size of the cul de sacs, but still provide an adequate turning radius. There will not be houses on the cul de sacs so a deviation from the teardrop design could be used. Mr. Miranowski said residents at the end of Exley were concerned about loss of trees and the School District will relocate them. Lights will be installed at the ends of both cul de sacs. The residents requested a pathway connection from 128th Street to the County Road 38 pathway. James Boesen, of School District 196, was present and said the School District will install a pathway and plow it in winter because children from that neighborhood will be walking to the school. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-239 approving plans and specifications for Project 94- 457, Middle School No. 6 Utility and Street Improvements, with modified cul de sacs, and authorizing advertising for bids to be received at 2:00 p.m. on August 18, 1994. Ayes - 4 - Nays - 0. RES. 1994-239 TAKE BIDS PROJ. 94-457 CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1994 Page 6 Mr. Kelley reviewed the Planning Commission report on the proposed GALLES ADDN. Galles Addition located west of Cimarron Road at the 125th Street PROPOSAL Alignment. The six-lot subdivision would require acquisition of off- site easements, at no cost to the City, to replace an existing storm water easement before proceeding. MOTION: of Eriekson, seconded by Goodwin, adopting Resolution No. 1994-240 approving the preliminary plat of Galles Addition (replat of Outlets 7, 9 and 10, Palomino Hills), with lot width variances, and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1994-240 GALLES ADDN. PRELIM. PLAT MOTION: of Humphrey, seconded by Erickson, directing the City Engineer to prepare a preliminary feasibility report on improvements to serve the Galles Addition. Ayes - 4 - Nays - 0. GALLES ADDN. PRELIM, REPORT Alan Kretman, the City's planning consultant, reviewed the Planning HRA SENIOR Commission report on the HRA's proposed senior housing development HOUSINg located north of 157th Street and west of Garrett Avenue. Council- member Goodwin asked about the possibility of a senior center on the site? Mr. Kretman said that is not part of this proposal, but land is being set aside on north area of the site for such a future use. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-241 approving a Conditional Use Permit for a senior housing density bonus, with a maximum of dwelling 99 units, on Lot 1, Block 2, Carroll Center 2nd Addition, as recom- mended by the Planning Commission. RES. 1994-241 SENIOR HOUSING DENSITY C,U,P. Mark Ulfers, Executive Director of the Dakota County HRA, was present and showed a colored rendering of the proposed building. The first phase will be 50 units in a mix of one and two bedroom units. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-242 authorizing issuance of a building permit for a 50- unit senior housing building on Lot 1, Block 2, Carroll Center 2nd Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1994-242 SENIOR HOUSING BLDG. PERMIT Mr. Kelley reviewed the Planning Commission report on a request for VARIANCES front and side variances for a house addition at 389 Walnut Lane. It 389 WALNUT recommended approval of the side variance, but denial of the front variance. Councilmember Humphrey said the Council has approved reduced front setbacks for new construction in other areas and property improvements such as are proposed should be encouraged. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1994 Page 7 MOTION: of Humphrey, seconded by Erickson, granting variances for a house addition on Lot 24, Block 7, Apple Valley 3rd Addi- tion, to allow construction to within 27 feet of the front lot line and to within 7.8 feet of the west side lot line. VARIANCES A.V. 3RD ADDN. Bill Scholberg, the property owner, was present to answer questions and showed front and rear elevations of the proposed house addition. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, directing Staff to proceed with a contract for purchase of three multimedia interactive information system kiosks with AppliedGraphics, based on proposals received June 21, 1994, in the amount of $60,000.00, with locations to be determined. INFO. SYSTEM KIOSKS PURCHASE Councilmember Erickson said he is concerned about spending $60,000 on this project and what the future costs might be to upgrade it to allow such things as program registration. He suggested City Hall would not be a very good site for one of the kiosks. Councilmember Goodwin said technology is always changing and it would be difficult to project the optimum time to purchase such systems. He agreed the sites need to be determined and perhaps Apple Valley Community Center would be a good location for one of them. Acting Mayor Sterling asked if the kiosks can be upgraded? Bob Bro, of AppliedGraphics, was present and said the hardware being proposed is the same as is being installed in the City's local area computer network and can be upgraded and adapted as needed. MOTION: Vote was taken on the motion. of Humphrey, seconded by Goodwin, accepting, with regret, the resignations of David Gross and Robert Naegelt from the Parks & Recreation Advisory and Cable TV Committees, respec- tively, and establishing membership of the Committees at seven and five members as described in the Park & Recreation Director's memo dated July 25, 1994. Ayes - 4 - Nays - 0. Ayes - 3 - Nays - 1 (Erickso~n)._~_ GROSS & NAEGELI COM. RESIGNATIONS Mr. Gordon reviewed a proposed addendum to the Ice Arena Addition ICE ARENA Project involving relocation of the discus throw and shot put areas ADDENDUM to the east side of the Apple Valley High School building. The areas need to be relocated for the Arena construction and the School wants the areas usable next spring meaning they will have to be completed by October. It was suggested the work be added to the City's project now being bid to determine the costs. There has been no agreement yet as to who will pay for the relocation. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 1994 Page 8 MOTION: of Goodwin, seconded by Humphrey, approving an addendum to Project 94-456, Ice Arena Expansion, to include relocation of discus throw and shot put areas at Apple Valley High School in the plans. Ayes - 4 - Nays - O. ICE ARENA ADDENDUM Acting Mayor Sterling said she is serving on the AMM Budget Committee and has a conflict for the August 3rd meeting. She asked any of the other Gouneilmembers who could attend for her to let her know. AMM BUDGET COMMITTEE AUG. 11, 1994 AGENDA ITEM CLAIMS & BILLS MOTION: of Humphrey, seconded by Erickson, directing that the proposed filling station for the southeast corner of 155th Street and Cedar Avenue be placed on the August 11, 1994, agenda for consideration. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated July 21, 1994, in the amount of $190,426.78; and July 28, 1994, in the amount of $3,418,275.21. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:45 o'clock p.m.