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HomeMy WebLinkAbout03/08/1995CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1995 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 8th, 1995, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Ericksen, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Community Development Director Kelley, 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 Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes ~ 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA 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 Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. GONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of February 23rd, 1995, as written. Ayes - 4 - Nays - 0 (Sterling Abstained). FEB. 23, 1995 MINUTES MOTION: of Goodwin, seconded by Humphrey, proclaiming March 5 to 12, 1995, to be "Volunteers of America Week in Apple Valley", Ayes - 5 - Nays - 0. PROCLAIM VOLUNTEER WEE} MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-55 approving American Legion Auxiliary, Apple Valley Unit 1776's, application for Exemption from Lawful Gambling License and waiving any waiting period for State approval for an event, at 14521 Granada, on April 21, 1995. Ayes - 5 - Nays - 0. RES. 1995-55 AUXILIARY GAMBLING LIC. EXEMPTION MOTION: of Goodwin, seconded by Humphrey, approving issuance of additional 1995 licenses and permits, as listed in the City Clerk's memo dated March 3, 1995. Ayes - 5 - Nays - 0. 1995 LICENSES & PERMITS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-56 ordering installation of Project 95-470, Williams- burg 2nd and 3rd Additions Utility Improvements. Ayes - 5 - Nays - 0. RES. 1995-56 ORDER PROJEC~ 95-470 CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1995 Page 2 MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for Project 95-482, Rodeo Hills 3rd Addition Utility Improve- ments. Ayes - 5 - Nays - 0. PRELIM. REPORT PROJ. 95-482 RES. 1995-57 AWARD PROPOSAL GOLF MOWERS CH~GE ORDER POLICE STN. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-57 awarding the Lease/Purchase of Eight Pieces of Mowing Equipment for Valleywood Golf Course to MTI Distributing, based on its low proposal, in the net amount of $94,187.00. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Ht~phrey, approving Change Order No. 119 to the contract with Lagerquist Elevator, for the Police Facility, in the amount of a $500.00 deduction. Ayes - 5 Nays - O. MOTION: of Ooodwin, seconded by Humphrey, authorizing donation of promotional items for the Apple Valley and Rosemount High Schools' senior class parties as described in the Parks & Recreation Director's memo dated March 3, 1995. Ayes - 5 Nays - 0. SR. HIGH PBRtTY PROMO ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the Agreement renewing the New Horizon Child Care Discount Program for 1995-1996 for employees and authorizing execution of the same. Ayes - 5 - Nays - 0. NEW HORIZON CHILD CARE PROGRAM MOTION: of Goodwin, seconded by Humphrey, approving hiring the HIRE SEASONAL seasonal employees listed in the Personnel Report dated EMPLOYEES March 8, 1995. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Bob Renner, of the Municipal Legislative Commission (MLO), was present MLC LEGISLA- to comment on current issues the organization is monitoring. The 12 TIVE UPDATE member cities of the MLC, of which Apple Valley is one, represent 550,000 people. He reviewed legislation introduced by Representative Orfield during the past two years and his current bill proposing property tax sharing. In response to these bills, the MLC prepared a Housing Report to present more factual information to the legislature. Cindy Thomas, who prepared the Report for the MLC, was present and reviewed the executive summary. The study found many issued raised in the bills were not correct and the main obstacle to affordable housing in the suburbs is land price. Mr. Renner noted the major concern for cities during the next several years will be the effort to keep property taxes down. Hs noted that the Mayor and City Administrator attend MLC meetings and they can bring issues of concern to the organization's attention also. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1995 Page 3 David French, Dakota County Supervisor for the Metropolitan Mosquito MOSQUITO Control District, was present to inform the Council about their CONTROL PROG. activities. He said their operations are conducted year around with REPORT mapping of the entire County. Breeding sites are treated starting in February and they monitor ticks as well as mosquitos. Part of the program is clean up of old tires to eliminate breeding sites. They will be hiring 15 seasonal employees this year. He invited anyone interested in the operations to visit their headquarters in Rosemount, on 160th Street at Highway 3. Mr. Kelley reviewed his memo, dated March 8, 1995, concerning the PHILLIPS 66 request of Phillips Petroleum to extend its building permit and con- EXTENSIONS ditional use permit authorizations, at the southeast corner of 155th Street and Cedar Avenue, for one year. He noted this was originally approved in 1991 and one-year extensions were granted in 1992, 1993 and 1994. Bill Martin, of C.M. Group, and Bob Hardt, of Phillips Petroleum were present to comment on the request. MOTION: of Erickson, seconded by Goodwin, approving a one-year extension of the Phillips Petroleum site plan/building permit authorization and motor fuel sales conditional use permit, with the stipulation that the west driveway be signed entrance only, on the site at the southeast corner of 155th Street and Cedar Avenue. PHILLIPS 66 PERMIT EXT.ENSIONS Gouncilmember Sterling asked why the project did not proceed in 19917 Mr. Hardt explained the corporate funding issues which halted expansion. He said this site is now a priority for the company and they expect authorization to proceed soon. A six-month extension would be acceptable. Mayor Branning expressed concern with the site design and traffic movements. Bill Anderson, of Phillips, said they expect the building will now incorporate a car wash on the back rather than as a free-standing building. Mr. Hardt said they are willing to make changes to comply with the City's requirements, but don't know what significant changes require Council approval. They have invested a lot of money in the site and intend to proceed. Mayor Branntng asked if there is a precedent for this action? Mr. Sheldon said the Council has the authority to extend the approvals and the discretion to deny them. The records have an adequate basis for the Council tomake the necessary determination. Councilmember Humphrey asked whether the conditional use permit approval needs an extension? Mr. Sheldon said though it runs with the property, if it is not implemented within one year of approval, it will lapse. MOTION: of Humphrey, seconded by Sterling; amending the foregoing AMEND MOTION motion by extending the approval for six months or until October 25, 1995. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Branning). CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1995 Page 4 Mr. Gretz reviewed his memo dated March 3, 1995, concerning delinquent UTILITY BILL utility bills. The present policy is to shut off water until the bill ASSESSMENT is paid. He asked the City Attorney to review the practice and he POLICY indicated liability exposure significant when water is shut off. The recommendation is to assess delinquent bills to the property, for collection with real estate taxes, instead of shutting off water. Councilmember Goodwin asked what would happen with rental property? Mr. Oretz said the suggested policy would assess delinquent bills on occupied residential property. The City Code now provides that owners are liable for all deposits, charges or bills on the property and that would not change. The City would still have the option of turning off the water and would do so on unoccupied property. MOTION: of Erickson, seconded by Starling, approving the policy of assessing delinquent utility charges on occupied residential property rather than shutting off the water as described in the City Administrator's memo dated March 3, 1995. Ayes - 4 - Nays - 1 (Goodwin). ASSESS DELINQ. UTILITY CHARGES Steve Mattson, of Juran & Moody, the City's financial consultant, BOND reviewed a proposal to refinance the City's General Obligation Cross- REFI over Refunding Bonds of 1991. He said market conditions are such that the City will save $326,345.00 in interest by taking advantage of the refinancing~ He submitted an offer of Juran & Moody to purchase the bonds for a net effective interest rate of 5.504 percent. MOTION: of Erickson, seconded by Goodwin, accepting the offer of Juran & Moody, Inc., to purchase the City's $4,200,000 General Obligation Refunding Bonds of 1995, dated April 1, 1995, at a net effective interest rate of 5.504 percent. Ayes - 5 - Nays - 0. $4,200,000 REFUNDING BOND SALE PLANNING COM. VACANCY CLAIMS & BILL~ THOMPSON FUNERAL MOTION: of Sterling, seconded by Erickson, declaring the position of James Cady on the Planning Commission vacant and scheduling consideration of appointment to fill the position for the next meeting. Ayes - 5 - Nays - 0, MOTION: of Humphrey, seconded by Ertckson, to pay the claims and bills, check register dated March 2, 1995, in the amount of $605,096.28. Ayes - 5 - Nays o 0. Mayor Branning notod that Orrin Thompson, developer for many years in the City, has died. Funeral services will be March 10, 1995. MOTION: of Sterling, seconded by Humphrey, to adjourn. Ayes o 5 - Nays - 0. The meeting was adjourned at 10:04 o'clock p.m.