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HomeMy WebLinkAbout09/08/1994CITY OF APPLE VAT.T.~Y Dakota County, Minnesota September 8, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 8th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erlckson, Goodwtn, Humphrey (attended until 8:46 p.m.), and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Police Captain Ertckson, Administrative Intern Grawe, Community Development Director Kelley, Planning Intern Kragness, and Public Works Director Mtranowskt. 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, Mayor 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 to speak. MOTION: of Goodwin, seconded by H~umphrey, removing Avsur Acres final plat and agreement from t~e agenda, adding hiring of additional seasonal employees to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Ooodwin, seconded by Humphrey, approving the minutes of the regular meeting of August 25th, 1994, as written. Ayes - 4 - Nays - 0 (Goodwtn Abstained). AUG. 25, 1994 MINUTES MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of September 1st, 1994, as written. Ayes - 5 - Nays - 0. SEPT. 1, 1994 MINUTES LEGION AUXIL¥ BEER LICENSE MOTION: of Goodwin, seconded by Humphrey, approving a temporary on- sale beer license for Apple Valley American Legion Auxiliary, Unit 1776; on September 17, 1994, at Fire Station No. 1, 15000 Hayes Road. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-274 approving the application of Apple Valley American Legion Auxiliary, Unit 1776, for an Exemption from Lawful Gambling License for an event on October 7 and 8, 1994, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. RES. 1994-274 LEGION AUXIL. GAMB. EXEMPT, CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-275 approving the application of Apple Valley All Sports Booster Club for an Exemption from Lawful Gambling License for a raffle on March 3, 1995, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. of Goodwtn, seconded by Humphrey, supporting the application of Independent School District 196 for a $100,000 grant through the Minnesota Board of Government Innovation and Cooperation for start up costs for the Zoo School of Environmental Studies. Ayes - 5 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-276 approving divisions of special assessments numbered 20225, 20245, 20246, 20296 and 20359 for new property parcels. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving the appointment of Dennis Miranowski to fill the vacancy on the Vermillion River Watershed Management Commission Board. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving a utility easement for Dakota Electric Association along the south side of 140th Street between the ~entral Maintenance Facility and Johnny Cake Ridge Road and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving extension of the conditional use permit, granted by Resolution No. 1993-205, for Dairy Queen on Lot 2, Block 1, Margolis Addition, to expire on November 8, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, approving extension of the building permit authorization and site plan approval, granted by Resolution No. 1993-208, for Dairy Queen on Lot 2, Block 1, Margolis Addition, to expire on November 8, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-277 approving the final plat A.V.C. Partnership to correct the lot lines of Lots 1 and 2, Block 1, Apple Valley Industrial Park First Addition, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-278 awarding the contract for Project 94-452, Indus- trial Area/147th Street Utility and Street Improvements, to Arcon Construction, the low bidder, in the amount of $14105,660.00. Ayes - 5 - Nays - 0. RES. 1994-275 SPORTS BOOSTER GAMB. EXEMPT, ZOO SCHOOL GRANT APP, RES. 1994-276 ASSMT. DIV, VERMILLION WMO APPOINTr.~?~T. -__ DAKOTA ELEC. EASEMENT EXTEND DAIRY OUEEN c,U,P, EXTEND DA£ky~ QUEEN BUILDING PERMIT RES. 1994-277 AVC PARTNERSP. FINAL PLAT PROJ. 94-452 GITY OFAPPLE VAT3~F~ Dakota County, Minnesota September 8, 1994 Page 3 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-279 awarding the contract for Project 94-463, 2.0 MG Nordic Water Reservoir Repainting, to Universal Applicators, the lowest responsible bidder, in the amount of $30,486.00. Ayes - 5 - Nays - 0. RES. 1994-279 AWARD CONTRACT PROJ, 94-463 MOTION: of Goodwin, seconded by Humphrey, approving Change Order No. 1, revised, to the contract with Arcon Construction for Project 94-428, Cedar Isle Estates Utility and Street Improvements, in the amount of an additional $107,893.00. Ayes - 5 - Nays - 0. GHANGE ORDER 1 PROJ. 94-428 MOTION: of Goodwln, seconded by Humphrey, accepting Project 93-399, Cherry Oak Estates 2nd Addition Utility and Street Improve- ments, as final and authorizing final payment on the contract with Mid-Minnesota Goncrete& Excavating in the amount of $11,429.50. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 93-399 MOTION: of Goodwln, seconded by Humphrey, accepting Project 94-438, Cedar Potnte 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Erickson Construction, in the amount of $55,533.30. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ. 94-438 MOTION: of Goodwin, seconded by Humphrey, receiving the Police Department report, dated September 2, 1994, on traffic complaints in the area of 132nd Street and Johnny Cake Ridge Road. Ayes - 5 - Nays - O. 132ND & JOHNNY CAKE TRAFFIC REPORT MOTION: of Goo'dwin, seconded by HumPhrey, adopting Resolution No. RES. 1994-280 1994-280 requesting the Minnesota Department of Transpor- SPEED LIMIT tatlon to conduct speed limit surveys on 132nd Street SURYEy~ between Galaxle and Johnny Cake; on Ellice Trail between ---- Johnny Cake and Pilot Knob Roads; and on Johnny Cake Ridge Road between County Road 42 and the Eagan border. Ayes - 5 - Nays - 0. MOTION: of Goodwln, seconded by Humphrey, approving hiring the HIRE SEASONAL seasonal employees as listed in the Personnel Report and EMPLOYEES Addendum dated September 8, 1994. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Gretz said the budget proposed for 1995 has been prepared with a 1995 BUDGET one percent tax capacity rate increase as the Council discussed at L~ its work sessions. Mr. Ballenger reviewed total revenue and expendi- tures proposed and history of past City tax rates. He showed a comparison with County and School District tax rates over the past 10 years. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1994 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-281 adopting the proposed 1995 budget, with revenues of $22,323,542 and expenditures of $21,872,259; and proposed t994 tax levy, collectible in 1995, of $6,451,026. RES. 1994-281 1995 BUDGET & TAX LEVY Councilmember Sterling said she does not support a tax rate increase is opposed to the levy as presented. Without the increase, the budget showed a $99,000 contingency. Councilmember Coodwin said he agrees with the increase, particularly with continuing the street overlay program and noted it has been five years since there was an increase. Councilmember Humphrey said even with the increase, the contingency on the entire budget is only $315,000. Counctlmember Erickson said most of the $3t5,000 is earmarked for specific items and the true contingency is $100,000. Vote was taken on the motion. Ayes - 4 - Nays 1 (Sterling). MOTION: of Humphrey, seconded by Goodwin, setting the required SET BUDGET public hearing on the 1995 budget at 7:00 p.m. on December HEARING 15, 1994, with continuation to December 19, 1994, at 7:00 p.m. if necessary. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:24 p.m. to PUBLIC HEARING consider Project 94-349, Cedarwick Utility and Street Improvements, PROJ. 94-349 and noted receipt of the affidavit of publication of the hearing CEDARWICK notice. Mr. Gordon reviewed the preliminary engineering report dated August 4, 1994, and noted that construction of 139th Street will not be part of this project. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:26 p.m. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-282 ordering installation of Project 94-349, Cedarwlck Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1994-282 ORDER PROJ. 94-949 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-283 approving plans and specifications for Project 94- 349, Cedarwick Utility and Street Improvements, and author- iztng advertising for bids to be received at 2:00 p.m. on October 6, 1994. Ayes - 5 - Nays - 0. RES. 197 ~'~ TAKE BID~ PROJ, 94-349 Mr. Kelley reviewed the Planning Commission recommendation on the pro- ZOO SC~OO~ posed Alternative Environmental High School at the Zoo. Dan Kahler, Director of Secondary Education for the School District, was present to answer questions. Doug Denk, of Hammel, Green and Abrahamson, the architects, reviewed the site plan and showed sketches of building plans. MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 583 amending Article A5 of Appendix A of the City Code by amend- ing the Zoo PD No. 167, Subzone 2, to include educational facilities as a permitted use. Ayes - 5 - Nays - 0. ORDINANCE AMEND ZOO P.D. ZONING CITY OF APPLE VA~3.~Y Dakota County, Minnesota September 8, 1994 Page 5 MOTION: of Goodwtn, seconded by Ertckson, adopting Resolution No. 1994-284 approving the preliminary plat of Alternative Environmental High School Addition (replat of part of Minnesota Zoological Garden) with conditions as recommended by the Planning Commission, and directing preparation of a subdivision agreement. Ayes - 5 - Nays - 0. RES. 1994-284 ENVIRONMENTAL SCHOOL ADDN. PRELIM. PLAT MOTION: of Goodwln, seconded by Humphrey, adopting Resolution No. 1994-285 approving a temporary waiver of platting to allow transferring title to property for Alternative Environmental High School Addition on a metes and bounds description basis until a plat can be filed. Ayes - 5 - Nays - O. RES. 1994-285 ENVIRONMENTAL SCHOOL ADDN. PLAT WAIVER MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-286 authorizing issuance of a building permit to Independent School District 196 on Lot 1, Block 1, Alternative Environmental High School Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - O. RES. 1994-286 ENVIRONMENTAL HIGH SCHOOL BLDG. PERMIT Mr. Kahler thanked the Council for its consideration and said ground breaking is planned for October 4, 1994, at 12:00 noon. (Gouncilmember Humphrey left the meeting at 8:46 p.m.) Mr. Kelley reviewed the Planning Commission recommendation on a pro- WHITNEY PLAZA posed amendment to the planned development zoning for Whitney Plaza/ P.D. AMENDMENT Delegard 2nd Addition to allow limited overnight parking of vehicles as a conditional use. Three parking stalls are proposed to be designated for this use, on Lot 4, for a proposed transmission repair shop. MOTION: of Goodwin, seconded by Branning, passing an ordinance WHITNEY PLAZA amending Article Al9 of Appendix A of the City Code, PD No. PARKING P.D. 542, by creating Subzone 2A to contain the same permitted AMENDMENT uses as Subz°ne 2 and outdoor overnight parking as a conditional use. -- ---- -- Councilmember Sterling asked for clarification of the proposed permitted uses for zone 2A; the draft distributed shows uses other than those discussed. Mr. Kelley said the uses should be the same as zone 2 except for overnight parking. Language in the draft should be corrected. Vote was taken on the motion. Ayes - 2 (Branning and Goodwin) - Nays - 2 (Erickson and Sterling). Motion Failed. Mayor Branntng commented on problems with uses being so specifically defined in this planned development that it is difficult for businesses to operate. Councilmembers Erickson and Sterling said they would like to know what commitments on parking were made when the planned development was approved before considering the issue further. CITY OF APPLE VALLEY Dakota County, Minnesota September 8, 1994 Page 6 Bernie Wagnild, of Valley Development Partnership, was present and said they proposed to start the transmission repair as a new business. There would be six stalls inside for vehicles, but there will be times when they will need to leave cars outside overnight. That is why they asked for limited overnight parking. Mayor Branning said representatives of Metro East and the Dakota County METRO EAST Development Partnership met yesterday to discuss a merger of the two organizations. They will be presenting the proposal to their respective memberships. Mayor Branning reminded the Council that the groundbreaking for the new M~TA transit hub will be September 24, 1994. MVTA TRANSIT METRO CRIME CONFERENC~ POST OFFICE Mayor Branning said he and Police Chief Willow attended a conference on crime, hosted by Minneapolis, St. Paul and other communities, earlier this evening. Mayors and Police Chiefs from the Metro Area were invited to attend. Councilmember Sterling reported on the groundbreaking held for the Post Office's new parking lot which she attended on Tuesday. Couneilmember Ertckson reminded everyone that the Ring-Around-The-Arts RING-Al Festival will be September 17 and 18, 1994. ARTS ~ MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills; check registers dated September 1, 1994, in the amount of $1,841,865.88; and September 8, 1994, in the amount of $1,135,269.43. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, to adjourn. Ayes - 4 - Nays - O. The meeting was adjourned at 9:07 o'clock p.m.