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HomeMy WebLinkAbout10/13/1994CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 13th, 1994, 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, Personnel Director Boland, Police Captain Cook, Parks & Recreation Director Johnson, Community Development Director Kelley, Planning Intern Kragness, 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 Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. 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 Sterling, seconded by Goodwin, removing purchase of digital dictation system from the agenda, adding Christmas Tree Sales Lot License at East Valley Plaza to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDa CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of September 8th, 1994, as written. Ayes - 5 - Nays - O. SEPT. 8, 1994 MINUTES MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of September 22nd, 1994, as written. Ayes - 5 - Nays - 0. SEPT. 22, 1994 _MINUTES MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-297 approving the application of Sons of American Legion, Post No. 1776, for an Exemption from Lawful Gambling License for an event on November 18 and 19, 1994, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. RES. 1994-297 SONS OF LEGION GAMB. EXEMPT. MOTION: of Sterling, seconded by Goodwin, adopting Resolutions No. 1994-298, 299 and 300 approving the applications of Apple Valley American Legion Auxiliary, Unit 1776, for Exemptions from Lawful Gambling License for events on November 4 and 5; RES. 1994-298, 299 & 300 LEGION AUXIL. GAMB. EXEMPT. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 2 MOTION MOTION MOTION MOTION: MOTION: MOTION: MOTION: MOTION: December 2 and 3; and December 16 and 17, 1994; and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, authorizing Cedar Valley, Inc., d/b/a Greenstreets Restaurant to provide intoxicating liquor sales, pursuant to City Code Section 3-45(o), at Dakota County Western Service Center on November 18, 1994, for Arc Suburban as requested in its letter of September 21, 1994. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving issuance of a Christmas Tree Sales Lot Licenss for Robert Jorgenson, d/b/a B & J Tree Farms, in the parking lot at Cub Foods, from November 23 through December 25, 1994. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving issuance of a Christmas Tree Sales Lot License for Bill Brabec, d/b/a Silver Bell Christmas Tree Farms, on the southeast corner of 140th Street and Pilot Knob Road at East Valley Plaza, from November 21 through December 24, 1994. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-301 setting a public hearing, at 8:00 p.m. on November 9, 1994, on the application of H.O.C., Inc., d/b/a Rascals - Apple Valley - Bar & Grille, for on-sale liquor and Sunday liquor licenses at 7721 West 147th Street. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-302 appointing judges for the November 8, 1994, General Election as listed in the resolution. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-303 designating TDI, Incorporated, as an additional depository for. City funds. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, approving an agreement with Publicorp, Inc., for economic development consultant services, as described in the City Administrator's memo dated October 10, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving a Reimbursement Agreement with Williams Pipe Line Company related to Europa Avenue construction in Project 94-432, Mistwood, approving payment of $35,000.00 for said work, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. COUNTY ATRIUM LIOUOR SALES B & J XMAS TREE LOT LIC, BRABEC XMAS TREE LOT LIC, RES. 1994-301 RASCALS LIQUOR LIC. HEARING RES. 1994-302 ELEC. JUDCES RES. 1994-303 ADD DEPOSITORY PUBLICORP CONSULTANT APPOINTMENT WMS. PIPE LINE MISTWOOD PROJ. AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-304 ordering the installation of Project 94-427, Waterford Village Utility and Street Improvements. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-305 approving the final plat and Subdivision Agreement for Cedarwick, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1994-306 awarding the contract for Project 94-349, Cedarwick Utility and Street Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $134,714.15. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Erickson Construction, Inc., for Project 94-436, Wyndemere 1st Addition Utility and Street Improvements, in the amount of an additional $67,513.60. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 1 to the contract with Schield Construction Co. for Project 94-442, Woodwinds 2nd Addition Utility and Street Improvements, in the amount of an additional $14,019.40. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with Master Asphalt for Project 94-435, Lampert's Storage Lot Improvements, in the amount of a $13,590.16 deduction. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Ord~ NSi 2 to the contract with Fischer Sand & Aggregate for Project 94-440, 140th Street Reconstruction, in the amount of an additional $8,820.00. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Cedar Pointe, from $97,700 to $10,000; Oxford Hollow, from $20,000 to 0; Oxford Hollow Streets, from $38,097 to $20,000; and Morntngview 9th, from $53,850 to $24,100. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, granting setback variances to allow construction of a parking lot to within 15 feet of the front lot line and 3.5 feet of the side lot lines on part of Lot 2, Block 1, Apple Valley Commercial Addition, for Paul Hetl, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-304 ORDER PROJ. 94-427 RES. 1994-305 CEDARWICK FINAL PLAT RES. 1994-306 AWARD CONTRACT PROJ. 94-349 CHANGE ORDER 1 PROJ, 94-436 CHANGE ORDER 1 PROJ. 94-442 CHANGE ORDER 2 PROJ, 94-435 -CHAliCE ORDERS2~- PROJ. 94-440 SUBDIVISION BOND REDUCTION VARIANCE HElL PARKING CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 4 MOTION of Sterling, seconded by Goodwin, approving the Meter Reading Service Agreement with RMR Services, Inc., for services through October 12, 1995, at $.24 per meter read, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION of Sterling, seconded by Goodwin, receiving the proposed AMM 1995 legislative policies to be adopted at its meeting on November 3, 1994. Ayes - 5 - Nays - 0. MOTION of Sterling, seconded by Goodwin, adopting Resolution No. 1994-307 approving the request for proposals for Fee-For- Service Insurance Agent Services, for March 1, 1995, through March 1, 1996; and authorizing advertising for quotations to be received November 9, 1994, at 2:00 p.m. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Goodwin, approving renewal of Fireftghters' Disability Insurance with the Hartford and the Volunteer Firemen's Benefit Association as described in the Personnel Director's memo dated October 13, 1994. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwtn, approving continuation of employee health insurance coverage through the LOGIS group for 1994 as described in the Personnel Director's memo dated October 13, 1994. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Working Agreement with Owobopte Industries, Inc., for seasonal employees for the period October 1, 1994, through March 31, 1995, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the promotion of Scott Lookling to the position of Foreman at Valleywood Golf Course as listed in the Personnel Report dated October 13, 1994. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the seasonal employee as listed in the Personnel Report dated October 13, 1994. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Kelley reviewed the Planning Commission recommendation concerning an expansion of Shepherd of the Valley Lutheran Church at 12650 Johnny Cake Ridge Road. WATER METER READING SERV. AGREEMENT RECEIVE AMM LEG, POLICIES RES. 1994-307' INSURANCE AGENT R,F,P, FIRE DISABILTY INSURANCE RENEWAL LOGIS GROUP INSURANCE CONTINUATION OWOBOPTE EMPLOYEES AGREEMENT LOCKLING VALLEYWOOD FOREMAN HIRE SEASONAL EMPLOYEE SHEPHERD OF VALLEY CHU~' EXPANSION CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 5 MOTION: of Sterling, seconded by Goodwin, passing Ordinance No. 585 rezoning Lot 16, Block 1, Pinecrest 2nd Addition, and part of the Southeast Quarter of Section 14, from "A" (agriculture) to "P" (institutional), for Shepherd of the Valley Lutheran Church, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 585 SHEPHERD OF VALLEY CHURCH REZONING MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1994-308 approving the preliminary plat of Shepherd of the Valley Lutheran Church Addition and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. RES. 1994-308 SHEPHERD OF VAI3.w~ CHURCH PRELIM. PLAT Councilmember Humphrey asked about extending Eveleth Path into the east end of the property and possible future lots. Mr. Kelley said that area would have to be rezoned before it could be developed and the Church has no plans to sell part of the property now. Disposition of the dead-end street will be addressed in the subdivision agreement. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-309 approving a conditional use permit for Lot 1, Block 1, Shepherd of the Valley Lutheran Church Addition, to a building with a maximum height of 58 feet as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-310 authorizing issuance of a building permit for expansion on Lot 1, Block 1, Shepherd of the Valley Lutheran Church Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-309 SHEPHERD OF VA~3.~Y CHURCH HEIGHT C.U.P. RES. 1994-310 SHEPHERD OF VALLk~Y CHURCH BLDG. PERMIT MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-311 receiving the preliminary engineering report for Project 94-468, Shepherd of the Valley Lutheran Church Trunk Utilities, and setting a public hearing on it at 8:00 p.m. on November 9, 1994. Ayes - 5 - Nays - 0. RES. 1994-311 SET HEARING PROJ, 94-468 Alan Kretman, the City's Planning Consultant, reviewed the Planning BRIAR KNOLL Commission recommendation on the proposed Briar Knoll development DEVELOPMENT located south of Gounty Road 38 and west of Pilot Knob Road. The townhome area to the south has asked that Edgewater Path, a private street, not be connected to 127th Street. It was determined that this street connection is not necessary. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1994-312 submitting an amendment, from LD to SF, to the Land Use Map of the Comprehensive Plan to the Metropolitan Council for Briar Knoll Addition as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-312 BRIAR KNOLL COMP. PLAN AMENDMENT CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 6 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-313 approving the preliminary plat of Briar Knoll Addition, with 22 single family residential lots, and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-313 BRIAR KNOLL PRELIM. PLAT MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-314 receiving the preliminary engineering report for Project 94-434, Briar Knoll Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on November 9, 1994. Ayes - 5 - Nays - 0. RES. 1994-314 SET HEARING PROJ. 94-434 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-315 directing the City Engineer to prepare plans and specifications for Project 94-434, Briar Knoll Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1994-315 PLANS & SPECS. PROJ. 94-434 Alan Kretman, the City's Planning Consultant, reviewed the Planning Commission recommendation on Nordic Woods 17th Addition located south of County Road 38 and east of Galaxie Avenue. It will contain 28 townhome unite. NORDIC WOODS 17TH DEVELOP. MOTION: of Erickson, seconded by Goodwtn, adopting Resolution No. 1994-316 approving the preliminary plat of Nordic Woods 17th Addition, for 28 townhome units, with conditions as recommended by the Planning Commission, and directing preparation of a subdivision agreement. RES. 1994-316 NORDIC WOODS 17THADDITION PRELIM. PLAT Mayor Branning asked if building setbacks could be staggered somewhat to reduce the appearance of clustering on the site? The developer was present and said turning any of the buildings would violate setbacks. Some could be moved farther back from the street, however that would increase driveways. Couneilmember Humphrey said that, in view of the excess right-of-way for County Road 38 perhaps setback variances could be considered. The developer will look at what adjustments can be made with the final plat. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-317 authorizing issuance of a building permit for 28 townhome units in Nordic Woods 17th Addition, with condi- tions, and granting setback variances for the northeast and southeast buildings as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-317 NORDIC WOODS 17TH ADDITION BLDG. PERMI%S MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-318 receiving the preliminary engineering report for Project 94-464, Nordic Woods 17th Addition Utility Improve- ments, and setting a public hearing on it at 8:00 p.m. on · November 9, 1994. Ayes - 5 - Nays - 0. RES. 1994-: SET PROJ. 94-464 CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 7 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-319 directing the City Engineer to prepare plans and specifications for Project 94-464, Nordic Woods 17th Addition Utility Improvements. Ayes - 5 - Nays - 0o RES. 1994-319 PLANS & SPECS. PROJ. 94-464 Alan Kretman, the City's Planning Consultant, reviewed the Planning Commission recommendation on the proposed Hunters Wood Townhomes located north of Palomino Drive at Hunters Way. It will contain 61 townhouse units. HUNTERS WOOD TOWNHOMES MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-320 approving the preliminary plat of Hunters Wood Townhomes (replat of Outlots A and B Hunters Wood), for 61 townhome units, with conditions as recommended by the Planning Commission, and directing preparation of a subdivision agreement. Ayes - 5 - Nays - 0. RES. 1994-320 HUNTERS WOOD TOWNHOMES PRELIM. PLAT MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-321 authorizing issuance of a building permit for Hunters Wood Townhomes, for 61 townhouse units, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1994-321 HUNTERS WOOD TOWNHOMES BLDG. PERMIT Mr. Gretz reviewed his memo dated October 10, 1994, concerning a pro- posed expansion of the ice arena. Bids were received August 10, 1994, however, the costs were beyond that authorized by the Council. IGE ARENA PROJECT MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-322 rejecting all bids received August 10, 1994, for Project 94-456, Second Ice Arena. RES. 1994-322 REJECT ICE ARENA BIDS Councilmember Goodwin said work will continue on a possible project with a simpler structure. For cost reasons, an addition to the arena at the High School will not be possible. Cost estimates will be pursued for a more basic free- standing facility and a report will be brought back to the Council. Vote was taken on the motion. Ayes - 5 - Nays - 0. The Council discussed the informal meeting set for October 20, 1994. The are no items scheduled for discussion and it was agreed the meeting should be canceled. CANCEL OCT. MEETING Mayor Branning said he attended the Dakota County League of Govern- DCLG MEETING ments at the Rosemount Community Center/Armory. Senator Knutson was ARMORY present to discuss ethics legislation. The Mayor said Rosemount's facility functioned very well and asked for a report on the status of armory construction plans in Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 1994 Page 8 Mr. Gretz said he attended the Municipal Legislative Commission meet- MLC HOUSING ing today. A report is being prepared on affordable housing in the REPORT suburban areas in response to the Orfield legislation. He will provide copies and/or the executive summary of it to the Council when it is available. MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills; cheek registers dated September 29, 1994, in the amount of $1,453,701.64; October 6, 1994, in the amount of $1,411,636.98; and October 13, 1994, in the amount of $1,817,718.62. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:24 o'clock p.m.