Loading...
HomeMy WebLinkAbout06/25/1998CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 25th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Captain Cook, Assistant to the Administrator Grawe, Park & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Humphrey 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. APPROVAL OF AGENDA MOTION: of Sterling, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. LMC CERTIFICATE OF RECOGNITION Mayor Humphrey said the City Council nominated John Gretz for the League of Minnesota Cities 1998 Leadership Award. He was not the winner, but the LMC sent a Certificate of Recognition for Distinguished Municipal Service to be presented to John. Former Mayors Will Branning, Mike Garrison, and Bill Holton were in attendance and spoke of their appreciation for John’s services to the City and leadership abilities. John thanked the Council, and former Mayors, for their support and for the nomination and accepted the award. AUDIENCE Mayor Humphrey 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. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, appr oving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of June 11th, 1998, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 2 Resolution No. 1998-119 MOTION: of Sterling, seconded by Grendahl, adopting declaring a state of local emergency and disaster as a result of the storm of May 30, 1998; and ratifying all powers previously exercised and authorizing all actions to be taken by the City in response to the local emergency and disaster as provided by Minnesota Statutes 12.37. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a temporary On-Sale 3.2 Percent Malt Liquor License to the Rosemount Jaycees for use at Hayes Field on July 4, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-120 MOTION: of Sterling, seconded by Grendahl, adopting declaring the City’s intent to exercise the local transit tax levy option for taxes payable in 1999 in a proposed maximum amount of $1,237,802.00. Ayes - 5 - Nays - 0. Resolution No. 1998-121 MOTION: of Sterling, seconded by Grendahl, adopting approving reallocation of special assessments identified as Divisions No.: 21965 - Carroll Center 3rd Addition; 21966 - U.S. Postal Addition; 22005 - Evergreens Addition; 22015 - Luella Fischer Property; 22239 - High School Four 2nd Addition; 22117 - Environmental Studies; and 22118 - Falcon Ridge School. Ayes - 5 - Nays - 0. Resolution No. 1998-122 MOTION: of Sterling, seconded by Grendahl, adopting approving a Conditional Use Permit for an outdoor propane fuel dispensing unit for Apple Valley Rental on Lot 4, Block 4, Valley Commercial Park 2nd Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1998-123 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for DJD Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1998-124 MOTION: of Sterling, seconde d by Grendahl, adopting receiving the preliminary engineering report for Project 98-804, DJD Addition Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on July 23, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-125 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 98-804, DJD Addition Utility Improvements. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving th e preliminary engineering report for Project 98-805, Zoo Storm Water and Pond 213P Improvements, and directing Staff to review the details with Zoo personnel. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 3 Resolution No. 1998-126 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 98-469A, Walmart/147th and Pennock Area Street Improvements, to Valley Paving, Inc., the low bidder, in the amount of $107,045.45. Ayes - 5 - Nays - 0. Resolution No. 1998-127 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 98-469B, Walmart/Pennock Avenue Traffic Signal Improvements, to Collins Electric, the low bidder, in the amount of $258,867.08. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 2 to the contract with Erickson Construction, Inc., for Project 97-545, Cedar Isle Village Homes Utility and Street Improvements, in the amount of an additional $10,783.60. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approvin g Change Order No. 1 to the contract with Shank Constructors, Inc., for Project 97-547, Water Treatment Plant Filter Bypass Piping, in the amount of an additional $2,747.00. Ayes - 5 - Nays - 0. Resolution No. 1998-128 MOTION: of Sterling, seconded by Grendahl, adopting awarding additional contracts for portions of Project 97-542, Outdoor Family Aquatic Center, to the various low bidders, as listed in the Construction Manager’s letter dated June 19, 1998, totaling $53,815.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving various change orders to contracts for Project 97-542, Outdoor Family Aquatic Center, as listed in the Construction Manager’s letter dated June 19, 1998, in the total additional amount of $27,821.00. Ayes - 5 - Nays - 0. Resolution No. 1998-129 MOTION: of Sterling, seconded by Grendahl, adopting awarding additional contracts for portions of Apple Valley Community Center Gym Addition & Teen Center Building, to the various low bidders, as listed in the Construction Manager’s letter dated June 19, 1998, totaling $12,041.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving various change orders to contracts for Apple Valley Community Center Gym Addition & Teen Center Building, as listed in the Construction Manager’s letter dated June 19, 1998, in the total additional amount of $15,182.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving release of the subdivision financial guarantee for Valley Pines, from $12,541.00 to 0. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 4 Resolution No. 1998-130 MOTION: of Sterling, seconded by Grendahl, adopting prohibiting parking on the north side of 139th Street between Johnny Cake Ridge Road and residence address 5859 West 139th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving contracting with Short Elliot Hendrickson, Inc., for consultant services in updating the Transportation Chapter of the Comprehensive Plan, subject to contract language satisfactory to the City Attorney’s Office, as recommended in the Community Development Director’s memo dated June 22, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the Working Agreement with Owobopte Industries, Inc., for seasonal contract employees for the period June 1, 1998, through May 31, 1999; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Jay Peterson for the full-time Parks Maintenance Worker position as listed in the Personnel Report dated June 25, 1998. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated June 25, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA APPLE VALLEY VILLA REFUNDING REVENUE BONDS Mayor Humphrey called the public hearing to order, at 8:20 p.m., to consider issuance of Refunding Revenue Bonds for Apple Valley Villa and noted receipt of the affidavit of publication of the hearing notice. Mr. Gretz reviewed the refinancing of 1988 bonds issued to finance a portion of the 208-unit multifamily rental housing facility. The bonds are payable solely from revenues of the project and are not obligations of the City. Verlane Endorf, of Dorsey & Whitney, representing the Lemieux Partnership, was present to answer questions about the proposal. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:23 p.m. Resolution No. 1998-131 MOTION: of Erickson, seconded by Goodwin, adopting authorizing sale and issuance of Multifamily Housing Revenue Refunding Bonds, Series 1998 (GNMA Collateralized Mortgage Loan/Apple Valley Villa), in the amount of $10,915,000, and authorizing execution and delivery of documents relating to such bonds. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 5 STREET VACATION IN KNOTTYWOODS Mayor Humphrey called the public hearing to order, at 8:24 p.m., to consider vacating unused street right-of-way in Knottywoods and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed the proposed vacation of unnamed and unconstructed street right-of- way adjacent to Lots 24 and 25 as described in his memo dated June 22, 1998. The City is recommending retaining a drainage and utility easement over the northernmost 150 feet for access to a lift station. The property owner met with the Dakota County Highway Department and agreed to retaining a 60-foot right-of-way for Pilot Knob Road at the south end of Lot 25. Lot 25 will have direct access to 134th Street. Dick Matykiewicz, the property owner was present to answer questions. Councilmember Sterling asked how driveway access to 134th Street would be provided to Lot 25 if the vacation were not approved? Mr. Kelley said it could be allowed across Lot 24. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:27 p.m. Resolution No. 1998-132 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of unnamed street right-of-way adjacent to Lots 24 and 25, Knottywoods; to a point 60 feet from the centerline of Pilot Knob Road; and authorizing recording the necessary documents subject to retaining a drainage and utility easement over the north 150 feet. Ayes - 5 - Nays - 0. RESPONSE ON TREE REMOVAL AND UTILITY BILL ISSUES Mr. Sheldon read his letter dated June 22, 1998, prepared as requested by the Council on June 11, 1998; in response to requests made by the property owner at 13684 Harmony Way. MOTION: of Goodwin, seconded by Sterling, denying the requests made by Barbara Burns, 13684 Harmony Way, in her letter of June 11, 1998, as recommended by the City Attorney in his letter dated June 22, 1998. Ayes - 5 - Nays - 0. COMMUNITY ACTION COUNCIL OFFICE SPACE Mr. Gretz reviewed the proposal of Community Action Council (CAC) for use of office space at City Hall as described in his memo dated June 22, 1998. The central office is relocating to Lakeville and they are establishing Neighborhood Services offices in each of the communities served by CAC. They have been unable to locate other space and this use would be an interim measure subject to termination on 30 days notice. Councilmember Sterling asked how CAC will be handling its food shelf operation with the decentralized services? Penelope Curry, Neighborhood Services Director, was present and said the food pantry for Apple Valley will be combined with Burnsville until they can find a site in CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 6 Apple Valley. Fairview Hospital donated a house on its property, in Burnsville by the Ridges, for this purpose and all residents will be served from that location for now. She described some of the services that will be provided from the City Hall office, as detailed in her proposal dated June 15, 1998; all of which will be by appointment only between 8:00 a.m. and 4:30 p.m. MOTION: of Grendahl, seconded by Erickson, approving lease of office space at City Hall to Community Action Council, on a temporary basis, as described in the City Administrator’s memo dated June 22, 1998; subject to cancellation upon 30 days’ written notice and Community Action Council providing its own telephone service; and directing the City Attorney to prepare the necessary lease documents. Ayes - 5 - Nays - 0. LAMPERT’S LUMBER BUILDING PERMIT Mr. Lovelace reviewed the Planning Commission’s recommendation on the application of Lampert’s Lumber for a building permit to replace the building destroyed in a fire. The new building will be 4,000 square feet larger than the former building and built on the same site. The landscape plan is subject to documentation that it will be one and one-half percent of the building valuation. The Council noted that in a situation like this, it may not be practical to require compliance with the full landscaping requirement. Resolution No. 1998-133 MOTION: of Goodwin, seconded by Grendahl, adopting authorizing issuance of a building permit to Lampert Yards, Inc., for construction of a 20,000 square-foot building on Lot 3, Block 1, Apple Valley Industrial Park 1st Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ARMORY SITE PURCHASE OFFER Mr. Kelley reviewed his memo, dated June 25, 1998, concerning the offer from Fraser Community Services to purchase Lot 2, Block 1, Apple Valley Armory. The City Attorney has revised the Purchase Agreement as directed. The Council also received a Purchase Agreement from Towle Financial Services for the site. Rick Olson, of Fraser Services, said they are aware the owner of property north of 147th Street between Guthrie and Pennock Avenues may be willing to make some concessions on selling a site to them. However, they must make their funding application to HUD by July 7, 1998, and must have a site secured by then. If something can be worked out on this other site, they may be able to substitute it for the armory site. They still prefer the armory site and have already expended some funds to conduct certain required testing. Councilmember Sterling expressed concern about splitting up the property and asked if the Purchase Agreement still provides for purchasing the armory site in two pieces? Mr. Kelley said CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 7 there is a Purchase Agreement on the northern part and a three-year Option Agreement on the southern part. Councilmember Goodwin asked if Fraser would really be switching to a different site? Mr. Gretz said Fraser indicates it wants the armory site. It would be willing to move to the site north of 147th Street if the land owner makes part of the site a gift. The details of such a transaction cannot be completed in time for Fraser to make its application to HUD. Approval of the Agreements with Fraser will mean that if it cannot reach an agreement on the property north of 147th Street, it will be building on the armory site. Councilmember Grendahl said she would like to have Fraser’s facilities in the City; however, she is concerning about splitting the armory site. If the northern portion were developed by Fraser and it does not acquire the southern portion, the City would be left with a small, difficult to develop site. MOTION: of Goodwin, seconded by Erickson, approving the revised Purchase Agreement and Option Agreement with Fraser Community Services for Lot 2, Block 1, Apple Valley Armory, as attached to the Community Development Director’s memo dated June 25, 1998; and authorizing the Mayor and Clerk to sign the same. Mayor Humphrey said he would prefer to have Fraser on the site north of 147th Street, but he will support the armory site purchase. He noted that Towle has submitted a letter stating it is willing to pursue purchase of the armory site if the agreement with Fraser does not proceed. Councilmember Erickson asked what Towle is proposing for the site. Mr. Gretz said they are proposing a 40,000 square-foot office/showroom and a bank building. Councilmember Goodwin asked if that proposal meets the zoning? Mr. Gretz said yes, if an office/showroom and bank are constructed with no retail sales. Vote was taken on the motion. Ayes - 3 - Nays - 2 (Grendahl and Sterling). DANGEROUS DOG REGISTRATION ORDINANCE Police Chief Willow gave the first reading of an ordinance amending City Code Sections 5-11 and 1-23 regarding registration of dangerous dogs and setting fees for it. This requirement has been in State law and registration with the County Auditor was required. In 1998, the legislature amended the law to assign the responsibility to cities in Dakota County. Mr. Gretz reviewed some of the history of how this responsibility was transferred. He noted cities will probably be able to do a better job of enforcing the registration; however, there will no longer be a central repository for the information like there is with the County doing it. CITY OF APPLE VALLEY Dakota County, Minnesota June 25, 1998 Page 8 MOTION: of Goodwin, seconded by Sterling, waiving the second reading and passing Ordinance No. 647 amending City Code Sections 5-11 and 1-23 providing for registration of dangerous dogs with the City, as required by 1998 State legislation; and setting the annual registration fee at $75.00 and the fee for warning symbols and tags at $5.00 each. Ayes - 5 - Nays - 0. FEMA DISASTER DECLARATION Police Captain Cook advised the Council that a Presidential FEMA disaster declaration has been made for eight counties, including Dakota County, for both the May 15th and 30th, 1998, storms. This will make certain public expenses eligible for 75 percent reimbursement by Federal funds. Subject to approval by the legislature, the State may be providing an additional 15 percent reimbursement. There will be a meeting next week to explain the process and brief cities on the process. He thanked the Fire Department for conducting the detailed damage assessment which was used in preparing the City’s damage estimates. Councilmember Sterling asked if any funds will be available for tree replacement? Captain Cook said no, only removal costs are eligible. Councilmember Goodwin asked if there any proposals for starting some type of tree replacement program and providing funding and said he would support that. Mr. Gretz said, on the City’s level, it will be looking at some options to include in the 1999 budget. MOTION: of Sterling, seconded by Grendahl, approving a letter of appreciation, from the Mayor and City Council, to residents and City employees thanking them for cleanup efforts to remove trees and debris following the May 30, 1998, storm and authorizing submitting it to the newspapers for publication. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated June 22, 1998, with a calendar listing upcoming events. Mayor Humphrey noted he received a letter from Senator Knutson advising that the City’s grant application for the Redwood Park Shelter has been approved. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated June 17, 1998, in the amount of $11,012,792.73; and June 24, 1998, in the amount of $3,299,821.99. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:35 o’clock p.m.