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.