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HomeMy WebLinkAbout02/23/1995CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 23rd, 1995, at 8:00 o'clock p.m., and continued to February 27th, 1995, at 11:50 o'clock a.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin (attended February 27, 1995), and Humphrey. ABSENT: Councilmember Sterling. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Dougherty, City Attorney Margarit, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, and Public Works Director Miranowski. 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - O. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. David Kruggel, ELECTRIC 449 Walnut Lane, asked when the Dakota Electric Association franchise FRANCHISE FEE fee and substation items were going to be considered? Mayor Branning said they are being continued to February 27, 1995, to allow another Council- member to be present. Hs said Dakota Electric and Cooperative Power Associations originally proposed to locate a substation at Galaxie and the Zoo Road with overhead power lines along County Road 38. The City hired consultants to look at options and the substation will now be located at 140th Street and Johnny Cake Ridge Road. There is an extra cost for this option and the City will be sharing in this cost. A two percent franchise fee on electric bills will be used to pay the cost. Mr. Kruggel asked how long the franchise fee will be in place? Mr. Gretz said bonds are being sold with a 20-year repayment schedule, but it is expected they will be repaid in 10 to 15 years. Mr. Kruggel said he does not agree with charging a fee to the residents of Apple Valley and believes the cooperatives should pay the entire cost. MOTION: of Humphrey, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - O. CONSENT AGEND~ FEB. 9, 1995 MINUTES CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Erickson, approving the minutes of the regular meeting of February 9th, 1995, as written. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Erickson, receiving the Fire Department's 1994 Annual Report. Ayes - 3 - Nays - O. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-43 designating the following as Municipal State Aid Streets: County Road 46, from CSAH 9 to GSAH 31; Flagstaff Avenue, from 155th Street to County Road 46; and Palomino Drive, from Gardenview Drive to Trunk Highway 77. Ayes - 3 - Nays - O. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-44 receiving the preliminary engineering report for Project 95-477, Woodwinds 3rd and 4th Additions Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on March 23, 1995. Ayes - 3 - Nays - 0. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-45 directing the City Engineer to prepare plans and specifications for Project 95-477. Ayes 3 - Nays - O. of Humphrey, seconded by Erickson, approving Change Order No. 2 to the contract with Areon Construction for Project 94-452, Industrial Area/147th Street Improvements, in the amount of an additional $34,644.95. Ayes - 3 - Nays - 0. of Humphrey, seconded by Erickson, approving Change Order No. 3 to the contract with Arcon Construction for Project 94-452, Industrial Area/147th Street Improvements, in the amount of an additional $18,209.07. Ayes - 3 - Nays - O. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-46 establishing procedures for hydrant use permits and deposits for adapters; setting hydrant use fees; and amending water meter prices. Ayes - 3 - Nays - 0. of Humphrey, seconded by Erickson, adopting Resolution No. 1995-47 authorizing installation of stop signs on Lowell Drive at its intersection with Baldwin Drive. Ayes - 3 Nays - 0. of Humphrey, seconded by Erickson, approving reduction of subdivision financial guarantees for: Cherry Oak Estates, from $6,150 to 0; Eagle Ponds, from $4,342 to 0; and Diamond Path Townhomes, from $135,925 to $109,675. Ayes - 3 - Nays - 0. of Humphrey, seconded by Erickson, approving Bonestroo, Rosene, Anderlik & Associates, Inc.'s, 1995 revised hourly general engineering rates as listed its letter dated January 16, 1995. Ayes - 3 - Nays - 0. 1994 FIRE ANNUAL REPORT RES. 1995-43 MSA STREET DESIGNATIONS RES. 1995-44 SET HEARING PROJ, 95-477 RES. 1995-45 PLANS & SPECS. PROJ. 95-477 CHANGE ORDER 3 PROJ, 94-452 RES. 1995-46 HYDRANT/WATER METER FEES RES. 1995-47 STOP SIGN SUBDIVISION BOND REDUCTION 1995 RATES CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1995 Page 3 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-48 approving the 1995 Employee Pay and Benefit Plan as attached to the Personnel Director's memo dated February 23, 1995. Ayes - 3 - Nays - 0. RES. 1995-48 1995 PAY & BENEFIT PLAN HIRE SEASONAL EMPLOYEES MOTION: of Humphrey, seconded by Erickson, approving hiring the seasonal employees listed in the Personnel Report dated February 23, 1995. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:14 p.m. to PUBLIC HEARING consider Project 95-470, Williamsburg 2nd and 3rd Additions Utility PROJ. 95-470 Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering feasibility report. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:16 p.m. Mayor Branning called the public hearing to order at 8:16 p.m. to PUBLIC HEARING consider increasing the Economic Development Authority Board from five EDA MEMBERS to seven members and noted receipt of the affidavit of publication of the hearing notice. The Council reviewed Mr. O'Meara's letter dated January 31, 1995, describing the proposal. The Mayor asked for questions or comments from the Council and the public; there were none. MOTION: of Humphrey, seconded by Erickson, continuing this hearing until 11:50 a.m. on February 27, 1995. Ayes ~ 3 - Nays - 0. CONTINUE HEARING Mr. Johnson distributed plans and specifications for Bid Package No. HAYES PARK 1 of Hayes Park Arena. This is an early bid package for precast ARENA concrete and structural steel. He noted that specifications for various other bid packages will be brought to the Council in the future. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-49 approving plans and specifications for Hayes Park Arena Bid Package No. 1, precast concrete and bar joists, and authorizing advertising for receipt of bids at 2:00 p.m. on March 14, 1995. Ayes - 3 - Nays - O. RES. 1995-49 BID ARENA PACKAGE NO. 1 Mr. Gretz reported on the Municipal Legislative Commission meeting of LEGISLATIVE February 22nd. The three Orfield bills; on land use, tax base sharing, ISSUES and affordable housing; were discussed. Legislation limiting tax in- crement financing appears to be proceeding and will probably have a July 1st effective date. The Governor is holding a briefing at 1:30 p.m. on February 27, 1995, to announce state budget changes and the Council is invited to attend. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated February 16, 1995, in the amount of $2,092,176.90; and February 23, 1995, in the amount of $417,891.67. Ayes - 3 - Nays - 0. CLAIMS & BILL~ CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1995 Page 4 MOTION: of Humphrey, seconded by Erickson, continuing this meeting CONTINUE until 11:50 a.m. on Monday, February 27th, 1995~ Ayes 3 - MEETING Nays - 0. The meeting was recessed at 8:31 o'clock p.m. Mayor Branning reconvened the meeting, at 11:50 o'clock a.m., on February 27, 1995. Councilmember Sterling was absent. Steve Mattson, of Juran & Moody, Inc., the City's financial consultant BOND SALES reviewed offers to purchase the City's bonds. The taxable tax incre- ment bonds would have an average interest rate of 8.69776 percent and net effective rate of 8.82576 percent. The gross revenue recreational facility bonds would have an average interest rate of 6.544 percent and net effective rate of 6.763 percent. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1995-50 accepting the offer of Juran & Moody, Inc., to purchase the City's $2,275,000 Taxable Gensral Obligation Tax Increment Bonds of 1995, at a net effective rate of 8.82576 percent, and providing for issuance of the same. RES. 1995-50 $2,275,000 TAX INCREMENT BDS. Councilmember Humphrey said he will be voting against the motion because he does not believe the City should be paying for electrical power supply costs for which these funds will be used. Councilmember Goodwin said the decision to fund part of the costs was a compromise avoid disputing the utility company's assertion that it has power to locate in right-of-way. Mr. Gretz said Dakota Electric proposed a substation for a site Galaxie and the Zoo Road. The City designated a transmission corridor which did not include this site. Rather than have a court determine where the substation would be, an agreement was reached to locate a substation at 140th Street and Johnny Cake Ridge Road with the City funding part of the cost. Councilmember Erickson said the decision has been made on the substation relocation and the City has a commitment to follow through. Mayor Branning noted that City residents would pay the cost whether by franchise fee or other electric service fees. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Humphrey). MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-51 accepting the offer of Juran & Moody, Inc., to purchase the City's $1,435,000 Gross Revenue Recreational Facility Bonds of 1995, at a net effective rate of 6.763 percent, and providing for issuance of the same. Ayes - 4 - Nays - O. RES. 1995-51 $1,435,000 RECREATIONAL FACILITY BDS. Mayor Branning reopened tho public hearing, at 12:07 p.m., to consider PUBLIC expanding the membership of the Economic Development Authority from EDA MEMBERSHI~ CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1995 Page 5 five to seven members. He asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 12:08 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-52 amending Resolution No. 1990-15 by expanding the Economic Development Authority Board of Commissioners to seven members, five of whom shall be members of the Council. Ayes - 4 - Nays - O. RES. 1995-52 EXPAND EDA MEMBERSHIP MOTION: of Goodwin, seconded by Erickson, appointing Karen Edgeton EDA APPOINT- and Larry Severson to the Board of Commissioners of the MENTS Economic Development Authority, in addition to the City Council. Ayes - 4 - Nays - O. Mr. Gretz reviewed and gave the second reading of two ordinances DAKOTA ELEC. amending the franchise agreement with Dakota Electric Association. FRANCHISE The first ordinance amends Section Cl-10(a) by providing that the AMENDING ORD. franchise fee collected from Dakota Electric is used for energy supply SECOND READINg purposes. At such time the City collects a fee from other suppliers, this restriction is removed. The second ordinance institutes a fee of two percent of gross receipts, not to exceed $25.00 per month per account. These changes to the franchise agreement are being made to implement the agreement between Dakota Electric and the Economic Development Authority to provide funds to aid in construction of electrical facilities. The Council accepted the second reading of both ordinances. MOTION: of Goodwin, seconded by Eriekson, passing Ordinance No. 593 amending Section Gl-lO(a) of Appendix C of the City Code, the Dakota Electric Association franchise agreement, by allowing the City to impose a franchise fee to fund expenditures for energy supply purposes. Ayes - 3 - Nays - 1 (Humphrey). ORDINANCE 593 DEA FRANCHISE AMENDMENT MOTION: of Goodwin, seconded by Ertckson, passing Ordinance No. 594 amending Section 1-23 of the City Code by establishing a franchise fee on the gross receipts of Dakota Electric Association of two percent per month, not to exceed $25.00 per account per month, effective May 1, 1995. Ayes - 3 - Nays - 1 (Humphrey). ORDINANCE 594 DEA FRANCHISE FEE COLLECTIOi MOTION: of Erickson, seconded by Goodwin, approving issuance of a permit to the Parks and Recreation Department to conduct youth dances at Apple Valley Community Center on March 4th and 18 and April 1st and 15th, 1995. Ayes - 4 - Nays - O. PARK & REC. DANCE PERMIT MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-53 appointing Diane Nagler to fill a vacancy on the Planning Commission for a term expiring March 1, 1996. Ayes - 4 - Nays - 0. RES. 1995-53 NAGLER P.C. APPOINTMENT GITY OF APPLE VALLEY Dakota County, Minnesota February 23, 1995 Page 6 MOTION: of Humphrey, seconded by Goodwin, appointing David Westbrook to fill a vacancy on the Cable TV Advisory Committee. Ayes - 4 - Nays - 0. APPT WESTBROOK CABLE TV COM. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-54 reappointing Karen Edgeton and Paul Oberg to the Planning Commission for terms expiring March 1, 1998; and reappointing all current members of the Cable TV Advisory Committee, Parks & Recreation Advisory Committee and Urban Affairs Committee for terms expiring March 1, 1997. Ayes 4 - Nays - O. RES. 1995-54 P.C. REAPPOINT & COMMITTEE REAPPOINTMENTS MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 12:17 o~clock p.m. on February 27, 1995.