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HomeMy WebLinkAbout07/24/1997CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 24th, 1997, 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, Finance Director Ballenger, Police Captain Cook, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, and, Public Works Director Miranowski. 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 Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. NATIONAL NIGHT OUT Police Captain Cook commented on cooperative crime prevention activities planned in connection with “National Night Out” on August 5, 1997. Approximately 22 parties are being organized by neighborhood block/watch groups. 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. He noted that the presentation of a certificate of appreciation to Alan Felkner is being postponed until August 21, 1997. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, adding Valley Oaks Townhomes final plat approval to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minu tes of the regular meeting of July 10th, 1997, as written. Ayes - 4 - Nays - 0 (Grendahl Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 2 MOTION: of Sterling, seconded by Grendahl, proclaiming August 5, 1997, as National Night Out and urging citizens to support the police-community crime prevention efforts. Ayes - 5 - Nays - 0. Resolution No. 1997-166 MOTION: of Sterling, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,000.00 from Apple Valley American Legion Post 1776 for use toward the 4th of July parade. Ayes - 5 - Nays - 0. Resolution No. 1997-167 MOTION: of Sterling, seconded by Grendahl, adopting approving an Application for Exemption from Lawful Gambling License for Apple Valley Firefighters’ Relief Association for an event on September 20, 1997, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the audit report and City’s audited financial statements as of December 31, 1996. Ayes - 5 - Nays - 0. MOTION: of Sterlin g, seconded by Grendahl, receiving LOGIS’s 1998 budget, as attached to the Finance Director’s memo dated July 21, 1997; with Apple Valley’s share of $128,551.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance, for Action Plus Sign Company, to allow construction of a building addition to within 10 feet of the rear lot line on Lot 2, Block 1, Apple Valley Industrial Park 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-168 MOTION: of St erling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit, to Action Plus Sign Company, for an addition on Lot 2, Block 1, Apple Valley Industrial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-169 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat of Saddle Ridge 2nd Addition (replat of Lots 15 and 16, Block 1, Saddle Ridge); waiving the requirement for a subdivision agreement; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-170 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on August 21, 1997, to consider vacating an easement along the common lot line of Lots 15 and 16, Block 1, Saddle Ridge. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financial guarantees for: Briar Knoll, from $16,800 to $11,750; Cedar Isle Estates 5th, CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 3 from $73,175 to $53,531; Cedarwick, from $39,550 to $4,625; Hidden Valley Townhomes, from $12,316 to $6,158; Wyndemere, from $21,830 to $15,450; and Garden Oaks Terrace Townhomes, from $60,400 to 0. Ayes - 5 - Nays - 0. Resolution No. 1997-171 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 800-050J, Longridge Reservoir Reconditioning, to TMI Coatings, Inc., the low bidder, in the amount of $396,400.00. Ayes - 5 - Nays - 0. Resolution No. 1997-172 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 97-538, Carroll Center 4th Addition Utility, Street and Parking Lot Improvements, to Ryan Contracting, the low bidder, in the amount of $732,504.60. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Hydrocon, Inc., for Project 96-517, Wyndemere 2nd Addition Utility and Street Improvements, for an additional $5,394.75. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 95-310, Minnesota Zoological Gardens Storm Sewer Improvements, as final and authorizing final payment on the contract with Schield Construction Company in the amount of $14,803.01. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 95-494, Valleywood Reservoir Water Main Improvements, as final and authorizing final payment on the contract with Schield Construction Company in the amount of $17,984.18. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 95-497, Deer Run Utility Improvements, as final and authorizing final payment on the contract with Schield Construction Company in the amount of $3,871.79. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 96-505, 1996 Street Maintenance Program, as final and authorizing final payment on the contract with VI-CON, Inc., in the amount of $10,000.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 96-508, Woodwinds 4th & 5th Additions Utility and Street Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $2,499.85. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 96-509, Cedar Isle Estates 4th Addition Utility and Street Improvements, as final and authorizing final CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 4 payment on the contract with Erickson Construction in the amount of $4,892.50. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting Project 96-517, Wyndemere 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Hydrocon, Inc., in the amount of $45,099.33. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, accepting the Police Facility Three-Position Dispatch Console Radio Equipment, as final and authorizing final payment on the contract with Modular Communications Systems, Inc., in the amount of $19,213.30. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of the Contract with Dakota County for Sentence to Service Program Work Crews; for the period April 3, 1997, to March 31, 1998; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 1997-173 MOTION: of Sterling, seconded by Grendahl, adopting approving the final plat and subdivision agreement for Valley Oaks Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PUBLIC HEARING, PROJECT 97-527 Mayor Humphrey called the public hearing to order, at 8:08 p.m., to consider Project 97-527, Tousignant’s Prairie Crossing Utility and Street Improvements and Central Storm Sewer Trunk; and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed both parts A and B of the preliminary engineering report dated July 2, 1997. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:12 p.m. Resolution No. 1997-174 MOTION: of Erickson, seconded by Sterling, adopting ordering installation of Project 97-527, Tousignant’s Prairie Crossing Utility and Street Improvements and Central Storm Sewer Trunk. Ayes - 5 - Nays - 0. Resolution No. 1997-175 MOTION: of Grendahl, seconded by Goodwin, adopting approving plans and specifications for Part A of Project 97-527, Tousignant’s Prairie Crossing Utility and Street Improvements, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 21, 1997. Ayes - 5 - Nays - 0. REGATTA PLANNED DEVELOPMENT CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 5 Mr. Lovelace reviewed the Planning Commission recommendation on the proposed Regatta planned development located north of County Road 46 and east of future Flagstaff Avenue. The request is for 469 dwelling units on 101.8 acres of the Rechtzigel property. Dennis Griswold and Gary Grant, of Pulte Homes, the developer, were present. Mr. Griswold reviewed the landscape plan and buffering along County Road 46 and future Flagstaff Avenue. Mr. Grant reviewed sketches of the proposed 232 two-story courthome units, 80 single-story clubhome units, 104 duplex units, and 53 single family homes. Greg Ingraham; a Planner representing Fischer Sand & Gravel, Apple Valley Red-E-Mix, and Barton Sand & Gravel; was present and asked the Council to address the issue of transition in grades to surrounding gravel mining property before acting on the proposal. He commented on his letter of July 10, 1997, concerning the consolidated end use plan and the need to complete the EAW process. Mr. Gretz said the consolidated end use plan is a concept that dealt with how the property could be developed if all the property were mined. This property is not being mined so the concept would not apply. Portions of property within the end use design have already been removed including the City’s storm water pond to the east. The Council discussed methods of making purchasers of homes in the development aware of gravel mining on surrounding property. Mr. Grant said they have displays in their sales offices showing surrounding uses in addition to the City-provided board with a map showing the area. The attorney representing Frank Rechtzigel distributed a letter dated July 23, 1997, responding to Anthony Gleekel’s letter of July 21, 1997, on behalf of the gravel operators. Gene Rechtzigel and Don Rechtzigel commented on the proposed development and stated their family has no intention of mining gravel on the property. They asked the Council to approve the proposed development. MOTION: of Goodwin, seconded by Erickson, directing Staff to prepare a planned development zoning ordinance and agreement for Regatta, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 1997-176 MOTION: of Grendahl, seconded by Sterling, adopting authorizing distribution of the Environmental Assessment Worksheet (EAW) for Regatta to the Environmental Quality Board for publication of the notice of availability. Ayes - 5 - Nays - 0. Resolution No. 1997-177 MOTION: of Erickson, seconded by Goodwin, adopting approving the preliminary plat of Regatta, subject to completion of the EAW process and rezoning, and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 6 Resolution No. 1997-178 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 97-532, Regatta Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on August 21, 1997. Ayes - 5 - Nays - 0. Resolution No. 1997-179 MOTION: of Goodwin, seconded by Erickson, adopting directing the Engineer to prepare plans and specifications for Project 97-532, Regatta Utility and Street Improvements. Ayes - 5 - Nays - 0. GENERAL OBLIGATION BONDING NEEDS Steve Mattson, of Juran & Moody, the City’s financial consultant, reviewed bonding needs for 1997, as detailed in the City Administrator’s memo dated July 21, 1997. Funding for projects that have been identified are in the approximate total of $20,375,000. Interest rates, overall, have been very favorable and he suggested selling bonds in the August/September time frame. He explained the option of insuring bonds to enhance the City’s rating and he will look at whether the premium cost will be covered by the lower interest rate. He asked whether the Council would be interested in using a negotiated sale method for the bonds as now allowed by State law. At such time as the market appears optimum, he would ask the Council to hold a special meeting to approve the sale. MOTION: of Erickson, seconded by Goodwin, directing Staff to proceed with preparation for a negotiated sale of the City’s general obligation bonds for Council action based upon market conditions. Ayes - 5 - Nays - 0. ORDINANCE AMENDING PAWNBROKER REGULATIONS Police Captain Cook gave the first reading of an ordinance amending Article III of Chapter 15 of the City Code related to pawnbroker licensing and operating regulations as attached to the Police Chief’s memo dated July 18, 1997. The main amendment will require electronic transfer of records to the Police Department. The Council accepted the first reading. The second reading will be scheduled for August 21, 1997. MVTA TAX PAYMENT Mr. Gretz reviewed the Finance Director’s memo dated July 21, 1997, concerning payment of HACA and property tax collections for the first half of 1997 to the MVTA. Councilmember Grendahl commented on the July 23, 1997, Board meeting and said there seems to be concurrence with preparing a detailed budget. She recommended making the first half payment and looking at what progress has been made by October 1st. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 7 MOTION: of Grendahl, seconded by Humphrey, authorizing payment, of $481,672.53, to the Minnesota Valley Transit Authority for the first half of 1997 HACA and property tax collections. Ayes - 5 - Nays - 0. SCHNITZER IRON & METAL SITE CLEANUP ACTION Mr. Sheldon reviewed his office’s memo dated July 24, 1997, concerning the Minnesota Pollution Control Agency’s action involving cleanup of the Schnitzer Iron & Metal Company site in St. Paul. This was a facility for scrap metal and battery recycling where the City delivered some batteries. The MPCA has concluded that the City is one of the responsible parties in the cleanup action and identified it as one of the De Minimis contributors. The City can pay the amount ordered or pursue other action; however payment would probably be less than the potential costs of pursuing action. MOTION: of Goodwin, seconded by Sterling, approving the MPCA De Minimus Consent Order and authorizing its execution as described in the City Attorney’s memo dated July 24, 1997; and authorizing payment of $10,411.00 to the Schnitzer Iron & Metal De Minimus Account subject to receipt of an Agreement from the University of Minnesota releasing the City from action related to the site. Ayes - 5 - Nays - 0. FISCHER MARKETPLACE PRELIMINARY REPORT Mr. Miranowski reviewed his memo dated July 24, 1997, concerning the request to prepare a preliminary engineering report for Phases I and II of Fischer Marketplace. Councilmember Goodwin asked how the intersection of 147th Street and Galaxie Avenue will be shown in the report? Mr. Miranowski said it will show 147th Street going as for west as Foliage Avenue. The intersection of 147th and Galaxie will be handled as a separate project with a separate report. Resolution No. 1997-180 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare a preliminary feasibility report for Phases I and II of Project 97-501, Fischer Marketplace Improvements. Ayes - 5 - Nays - 0. PLANNING COMMISSION APPOINTMENT Mayor Humphrey called for nominations to fill the vacant position on the Planning Commission. Councilmember Grendahl nominated Louis Clark. Councilmember Erickson nominated Jeff McCormick. There being no further nominations, the Mayor declared the nominations closed. The City Clerk prepared a written roster listing the two nominees and distributed copies to the Council. The Mayor and Councilmembers were asked to select one name. After the selections were made, they were tallied and the City Administrator announced that the name remaining was Louis Clark. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 1997 Page 8 Resolution No. 1997-181 MOTION: of Grendahl, seconded by Sterling, adopting appointing Louis Clark to fill the vacancy on the Planning Commission for a term expiring March 1, 2000. Roll call vote was taken: Humphrey - Aye, Sterling - Aye, Grendahl - Aye, Goodwin - Aye, Erickson - Aye (Ayes - 5 - Nays - 0). PLANNING COMMISSION INFORMAL MEETING The Council received the Community Development Director’s memo dated July 21, 1997, inviting them to attend the Planning Commission’s informal meeting on July 30, 1997. The Commission will be discussing housing policies, density standards, and available financing programs related to affordable housing. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Sterling, to pay the claims and bills, check registers dated July 16, 1997, in the amount of $378,240.66; and July 23, 1997, in the amount of $1,514,326.29. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:13 o’clock p.m.