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HomeMy WebLinkAbout09/14/1995CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 14th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT~ Mayor Branning; Councilmembers Erickson, Goodwin, and Humphrey. ABSENT: Gouncilmember Sterling City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director gallenger, Personnel Director Boland, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Assistant Planner Lovelace, Public Works Director Miranowski, and Police Chief Willow. Mayor Branning called the meeting to order at 8:00 p.m. The Couneilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: tonight's meeting as amended. Ayes - 4 - Nays - 0. Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. Sharon White, Chair of the Ring-Around-The-Arts Festival, invited everyone to attend the Festival this weekend. She thanked the Council for its support and invited them to present the Children's Arts Awards at 2:00 p.m. Saturday. of Erickson, seconded by Humphrey, approving the agenda for APPROVE AGENDA AUDIENCE DISC. RING-AROUND THE- ARTS MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA AUG. 17, 1995 MINUTES AUG. 24, 1995 MINUTES RES. 1995-211 LAMPERT'S FIRE DEPT. DONATION RES. 1995-212 PETTER LOT DONATION CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of August 17th, 1995, as written. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the special meeting of August 24th, 1995, as written. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-211 accepting, with thanks, the donation of a door, valued at $97.50, from Lampert's for use by the Fire Department. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-212 accepting, with thanks, the donation of Lot 11, White Oak Ridge, valued at $12,000, from Eleanor Petter. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-213 accepting, with thanks, the donation of $1,100 from Apple Valley American Legion Post 1776 towards the ~i sponsorship of youth baseball. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-214 approving American Legion Auxiliary Unit 1776's application for exemption from lawful gambling license for an event on October 6, 1995, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-215 approving ARC Suburban's application for exemption from lawful gambling license for an event on November 18, 1995, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of an on-sale 3.2 beer license to Apple Valley American Legion Auxiliary for use at Fire Station No. 1 on September 16, 1995. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-216 approving submission of the 1996 landfill abatement funding application to Dakota County for a grant of $27,708. Ayes - 4 - Nays - 0. MOTION: of Htmphrey, seconded by Goodwin, adopting Resolution No. 1995-217 approving a subdivision grading permit for Williamsburg 3rd Addition as recommended by the City Engineer. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-218 approving the final plat and subdivision agreement for Cedar Isle Estates 3rd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-219 prohibiting parking on County Road 46 (160th Street) between Cedar Avenue and Pilot Knob Road. Ayes 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-220 prohibiting parking along the north side of 144th Street from Diamond Path Road to the west boundary of School District 196's property. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-221 authorizing the off-system expenditure of $90,000 of Municipal State Aid Funds for traffic signal construction on Cedar Avenue at 155th Street. Ayes - 4 - Nays - 0. RES. 1995-213 LEGION BASE- BALL DONATION RES. 1995-214 AUXILIARY GAMB. EXEMPT, RES. 1995-215 ARC SUBURBAN GAMB. EXEMPT, AUXILIARY ~EER LICENSE RES. 1995-216 RECYCLE GRANT RES. 1995-217 WMSBURG 3RD GRADING PERMIT RES. 1995-218 CEDAR ISLE 3RD FINAL PLAT RES. 1995-219 C.R. 46 NO PARKING RES. 1995-220 144TH STREET NO PARKING. RES. OFF-SYSTEMMSA 155TH & CEDAR CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-222 authorizing the off-system expenditure of $5,000 of Municipal State Aid Funds for traffic signal construction on Pilot Knob Road at County Road 38. Ayes - 4 ~ Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-223 authorizing the off-system expenditure of $75,000 of Municipal State Aid Funds for County Road 31 (Pilot Knob Road) construction. Ayes ~ 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No, 1995-224 approving plans and specifications for Project 95- 474, Hyland Pointe Townhomes Utility Improvements, and authorizing advertising for receipt of bids on September 25, 1995, at 10:00 a.m. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-225 approving plans and specifications for Project 95- 491, Hunters Wood 3rd & 4th Addition Utility Improvements, and authorizing advertising for receipt of bids on October 5, 1995, at 2:00 p.m. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-226 approving plans and specifications for Project 95- 499, Williamsburg 3rd Addition Utility Improvements, and authorizing advertising for receipt of bids on September 25, 1995, at 10:00 a.m. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-227 approving for a Dump Body and Snow Plow Equipment for Street Maintenance and authorizing advertising for receipt of bids on October 3, 1995, at 2:00 p.m. Ayes - 4 Nays - 0. of Humphrey seconded by Goodwin, adopting Resolution No. 1995-228 accepting a Drainage and Utility Easement from Nordic Square Limited Partnership for Project 95-426, Central Trunk Sewer Interceptor. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-229 accepting a Temporary Construction Easement from Ferdinand and Rita Cook for Project 95-426, Central Trunk Sewer Interceptor, and authorizing payment of $2,250.00 for the easement. Ayes - 4 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-230 accepting a Drainage and Utility Easement from Rosemount Development Company for Project 95-426, Central Trunk Sewer Interceptor, and authorizing payment of $24,573.00 for the easement. Ayes - 4 - Nays - 0. RES. 1995-222 OFF-SYSTEMMSA PILOT KNOB/38 RES. 1995-223 OFF-SYSTEMMSA PILOT KNOB RES. 1995-224 PROJ. 95-474 TAKE BIDS RES. 1995-225 PROJ. 95-491 TAKE BIDS RES. 1995-226 PROJ. 95-499 rAKE BIDS RES. 1995-227 PLOW EQUIPMENT TAKE BIDS RES. 1995-228 NORDIC SEWER EASEMENT RES. 1995-229 COOK SEWER EASEMENT RES. 1995-230 ROSEMOUNT DEV. SEWER EASF2iENT CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 4 MOTION: of Humphrey seconded by Goodwin; adopting Resolution No. 1995~231 accepting a Drainage and Utility Easement from Arnold and Delta Hoeppner for Project 95-426, Central Trunk ~.Sewer Interceptor, and authorizing payment of $75,000 for the easement. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-232 awarding the contract, subject to conditions, for Project 95-426, Central Trunk Sewer Interceptor, to Arcon Construction, the low bidder, in the amount of $1,564,571.21. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 5 to the contract with Arcon Construction for Project 94- 452, Industrial Area/147th Street Improvements, in the amount of an additional $8,421.96. Ayes - 4 - Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 3 to the contract with Ryan Contracting for Project 94-457, Middle School No. 6 Improvements, in the amount of an additional $8,692.23. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No~ 3 to the contract with Weber Electric, Inc., for Hayes Park Arena in the amount of an additional $5,365.00. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-233 awarding contracts for parts of Hayes Park Arena Bid Package No. 3 to O'Keefe, Inc., for $9,574.00; and to St. Paul Linoleum & Carpet Co., for $27,828.00; the respective low bidders. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-427, Waterford Village Improvements, as final and authorizing final payment on the contract with S. J. Louis Construction in the amount of $72,271.72. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-452, Industrial Area/147th Street Improvements, as final and authorizing final payment on the contract with Arcon Cons- truction in the amount of $29,287.96. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-457, Middle School No. 6 Improvements, as final and authorizing final payment on the contract with Ryan Contracting in the amount of $8,998.93. Ayes - 4 - Nays - 0. RES. 1995-231 HOEPPNER SEWER EASEMENT RES, 1995-232 PROJ. 95-426 AWARD CONTRACT CHANGE ORDER 5 PROJ, 94-4~2.. CHANGE ORDER 3 PROJ, 94-457 HAYES ARENA CHANGE ORDER RES. 1995-233 AWARD ARENA CONTRACTS FINAL PAYMENT PROJ. 94-427 FINAL PAYMENT' PROJ. 94-452 FINAL PAYMENT PROJ. 94-457 CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 5 MOTION: of Humphrey, seconded by Goodwin, accepting Project 94- 464/470, Nordic Woods 17th/Williamsburg 2nd Improvements, final and authorizing final payment on the centraet with .L. Schield Construction in the amount of $42,559.51. Ayes - 4 - Nays - 0. MOTION: as MOTION: of Humphrey, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Cedarwick, from $89,700.00 to $55,000.00; Diamond Path Townhomes, from $109,675.00 to $52,050.00; and Pilot Hill, from $5,749.21 to $700.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-235 ordering installation of stop signs on: Gibralter Terrace at Pennock Avenue; and on Emmet Place at 132nd Street. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, appointing the firm of Kern, DeWenter, Viere, Ltd., to conduct the 1995 City audit as described by the Finance Director in his memo dated September 11, 1995. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal of the Meter Reading Service Agreement with RMR Services, Inc., for 1996 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal of the contract with Midwest Professional Services, for 1996, to provide employee assistance program services as described in the Human Resources Director's memo dated September 14, 1995. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal of employee group health insurance coverage through the LOGIS Health Insurance Group for 1996, as described in the Human Resources Director's memo dated September 14, 1995. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwiu, approving hiring Donald G. Johnson for the full-time position of Maintenance Worker as listed in the Personnel Report dated September 14, 1995. Ayes ~ 4 - Nays - 0. of Humphrey, seconded by Goodwin, approving hiring Peter Matos for the position of Police Officer as listed in the Personnel Report dated September 14, 1995. Ayes - 4 - Nays - 0. FINAL PAYMENT PROJECTS 94-464/470 SUBDIVISIONS BOND REDUCTION RES. 1995-235 INSTALL STOP SIGNS APPOINT 1995 AUDITORS RENEW METER READING AGREEMENT RENEW EMPLOYEE ASSISTANCE PROGRAM RENEW LOGIS GROUP HEALTH INSURANCE HIRE JOHNSON MAINTENANCE HIRE MATOS POLICE OFFICER CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 6 MOTION: of Humphrey, seconded by Goodwin, approving hiring the part- time and seasonal employees as listed in the Personnel Report and Addendum Report, both dated September 14, 1995. · ~~.Ayes ~ 4 - Nays - 0. HIRE SEASONAL EMPLOYEES END OF CONSENT AGENDA Police Chief Willow introduced Jon Holle, Peter Matos and Jason POLICE OATHS Weishaar who have been hired as new police officers for the City. OF OFFICE Two of them have been hired as replacements to fill vacant positions and one is a new position; the result of a Federal grant. The City Clerk then administered the oath of office to the officers. Mr. Gretz summarized the proposed 1996 budget and tax levy which the 1996 BUDGET Council has reviewed at informal meetings. He noted that the City & TAX LEVY receives about $360,000 in local government aid and $2,500,000 in homestead and agricultural aid. The budget was prepared with the assumption that there would be no changes in these funds. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-234 adopting the proposed 1996 budget, with revenues of $22,858,913 and expenditures of $22,493,183; and proposed 1995 tax levy, collectible in 1996, of $7,573,887. RES. 1995-234 1996 BUDGET & TAX LEVY Councilmember Erickson said he is disappointed that a flat tax levy could not be maintained, but the increase is minimal and he understands the need for it. Councilmember Goodwin noted that the City's tax levy was held steady for six years and that is about as long as it could be done. Councilmember Humphrey said it is still a very tight budget and he supports it. Mayor Branning commented that Councilmember Sterling indicated she would support the budget as presented. He thanked staff for their work and said he had expressed concern that the solid repair and replacement program that has been sstablished not be jeopardized. He was assured that would not be the case. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Ertckson, seconded by Humphrey, setting the required SET BUDGET public hearing on the 1996 budget at 7:00 p.m. on December HEARING 5, 1995, with continuation to December 13, 1995, at 7:00 p.m. if necessary. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order, at 8:20 p.m., to PUBLIC HEARING consider Project 95-484, Cherry Oak Estates 3rd Addition Utility & PROJ. 95-484 Street Improvemsnts, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated August 8, 1995. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:21 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 7 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-236 ordering installation of Project 95-484, Cherry Oak Estates 3rd Addition Utility and Street Improvements. .LAyes - 4 ~ Nays - 0. RES. 1995-236 ORDER PROJECT 95-484 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-237 approving plans and specifications for Project 95- 484, Cherry Oak Estates 3rd Addition Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m., on September 25, 1995. Ayes - 4 - Nays - 0. RES. 1995-237 PROJ. 95-484 TAKE BIDS Mr. Gretz described proposed turn lane improvements at 147th Street 147TH & CEDAR and Cedar Avenue which would necessitate removing the building on Lot IMPROVEMENTS 2, Block 1, Apple Valley Office Addition. The Lindgren Estate, which owns the property north of this lot and would gain access to 147th Street, has agreed to accept assessments for the access construction. The.seller of Lot 2 now disagrees with the sales price of the property and believes it should be $250,000. For that reason actions relating to the project will have to be tabled until September 28, 1995. MOTION: of Erickson, seconded by Goodwin, approving the Agreement with the Estate of Robert C. Lindgren to accept special assessments, on property known as Minnehaha Falls Nursery site, resulting from Project 95-492, 147th Street & Cedar Avenue Intersection Improvements, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. LINDGREN ASSESSMENT AGREEMENT Mayor Branning called the public hearing to order, at 8:25 p.m. to PUBLIC HEARING consider Project 95-492, 147th Street & Cedar Avenue Intersection PROJ. 95-492 Improvements, and noted receipt of the affidavit of publication of the hearing notice. He stated that because property acquisition related to the project has not been completed, the hearing would be continued until September 28, 1995. MOTION: of Erickson, seconded by Humphrey, continuing the hearing CONTINUE and actions related to Project 95-492 until September 28, HEARING 1995. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order, at 8:27 p.m., to PUBLIC HEARING p.m., to consider Project 95-495, Cedar Isle Estates 3rd Addition PROJ. 95-495 Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated August 1, 1995. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:28 p.m. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-238 ordering installation of Project 95-495, Cedar Isle Estates 3rd Addition Improvements. Ayes - 4 - Nays - 0. RES. 1995-238 ORDER PROJECT 95-495 CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 8 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1995-239 approving prepare plans and specifications for Project 95-495, Cedar Isle Estates 3rd Addition Improve- f_.ments, and directing installation by Change Order No. 1 to Project 95-488, Cedar Isle Estates 2nd Addition Improve- ments, in the amount of $36,902.81. Ayes - 4 - Nays - 0. RES. 1995-239 PROJ. 95-495 & CHANGE ORDER PROJ. 95-488 Mr. Lovelace reviewed the Planning Commission report on the request of WHITE OAK RDC. Pulte Homes to use part of the unconstructed portion of Eleanor Drive LOT ACCESS and construct a driveway access to Lots 13, 14 and 15, Block 1, WHite Oak Ridge. Mr. Sheldon said the issue is not whether to allow the use, it is a public road right-of-way. No variance situation is involved. The issue is whether the City should construct the road to its residential street standards or allow Pulte Homes to construct a smaller street on the right-of-way for access to three existing lots. An Agreement with Pulta Homes covering maintenance and construction issues has been prepared for consideration. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995-240 approving the Agreement Relating to Private Driveway with Pulte Homes of Minnesota, authorizing use of a portion of unconstructed street right-of-way for a driveway to Lots 13, 14 and 15, Block 1, White Oak Ridge; and authorizing the Mayor and Clerk to sign the same. RES. 1995-240 PULTE HOMES DRIVEWAY AGREEMENT Councilmember Goodwin asked about access to Lot 12. Mr. Sheldon said the private driveway would extend up to that lot and that property owner would have to request use. The right-of-way extends around the other side of the pond (or Lot 11) so it does have access from that side. Gary Grant, of Pulte Homes, said he understands the owner of Lot 9 would have to grant an easement to Lot 12 because it would not be feasible to construct an access on the right-of-way on that side of the pond due to the amount of fill needed. Both lots are under the same ownership so it would not be a problem. He showed an aerial photo of the site with the access superimposed and said Lot 12 could be allowed to tie into it. Ron Dorken, 5290 West 132nd Street, said he is the owne? of Lot 16 and commented on information he previously supplied to the Planning Commission with copies to the Council. He said he believes his rights are being infringed upon by allowing a private driveway. He agrees with the City's right to build a street, but it should not allow an other use. If this is approved, he will get an injunction to stop construction. He objects to the private road and allowing a corporation to make money on selling three lots. Councilmember Goodwin asked about reference to the Army Corp of Engineers report and wetland questions. Mr. Miranowski said it was the Dakota County Soil and Water Conservation District's report. It indicated the most environmentally preferable alternative was not to build anything, but acknowledges the impact can CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 9 be mitigated. The Wetland Conservation Act has options that allow mitigation, on a two to one basis, when there is encroachment on a wetland. Pulte Homes will be doing the mitigation and has filed a plan to do so. Mayor Branning said the question before the Council is to what standard 200 feet of road will be built. It will be public up to Lot 15 and a private driveway from there on. Vote was taken on the motion. Ayes - 4 - Nays - 0. Gyndy Dorken asked if Pulte Homes would delay beginning construction for five days to allow them time to file an injunction? MOTION: of Goodwin seconded by Branning, making the Agreement with Pulte Homes effective in five days. Ayes - 2 (Branning and Goodwin) - Nays - 2 (Erickson and Humphrey). Motion Failed. bATE OF PULTE AGREEMENT DEER RUN DEVELOPMENT Mr. Lovelace reviewed the Planning Commission report on the proposed Deer Run development located on the east side of Safari Pass at 121st Street. A front setback variance is requested for Lots 1, 2, and 3 due to the 100-foot right-of-way for Safari Pass and to save trees. MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 605 rezoning the proposed Deer Run subdivision, in Section 15, from "R-l" to "R-2" as recommended by the Planning Commis- sion. Ayes - 4 - Nays - 0. ORDINANCE 605 DEER RUN REZONING MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-241 approving the preliminary plat of Deer Run and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - O. RES. 1995-241 DEER RUN PRELIM. PLAT VARIANCES DEER RUN PRELIM. REPORT DEER RUN MOTION: of Goodwin, seconded by Erickson, granting frontyard setback variances to allow the construction of houses to within 15 feet of the lot lines on Lots 1, 2 and 3, Block 1, Deer Run, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Humphrey, directing the City Engineer to prepare a preliminary engineering feasibility report for improvements to serve the proposed Deer Run subdivision. Ayes - 4 - Nays - 0. Mr. Lovelace gave the first reading of a proposed ordinance amending Retail Business "RB" zoning standards. It would make rental shops a permitted use and allow outdoor storage by conditional use permit. The ordinance was initiated by Dakota Rental's request to relocate to the northeast corner of 146th Street and Pennock Avenue. ORDINANCE AMENDING RB ZONING FIRST READING CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 1995 Page 10 Ron Chapman, of Dakota Rental, was present and explained the need to move his business because there is no room for expansion on his current site. He described the truck rental part of his business, which requires some outside storage.~.and showed a sketch of a proposed building. A limited number of trucks would be parked along the east and north side of the lot where they would be screened. No trucks would be parked on the street. The Gouncil reviewed a zoning map of the downtown area and expressed concern that changing RB zoning standards and allowing outdoor storage might cause problems in other locations. Counctlmember Humphrey said he would prefer rezoning the site at 146th and Pennock to GB rather than amending RB uses. Mayor Branning said he is still concerned about outdoor truck storage and asked Staff to review and report on appropriate uses in the area at the next meeting. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1995~242 awarding the contract for Project 95-473, High School No. 4 Improvements, to S. J. Louis Construction, Inc., the low bidder, in the amount of $455,020.00. Ayes 4 - Nays - 0. RES. 1995~242 AWARD CONTRACT PROJ, 95-473 CANCEL MVTA TRANSIT FACILITY CLAIMS & BILLR MOTION: of Erickson, seconded by Humphrey, canceling the informal meeting of September 21, 1995. Ayes - 4 - Nays - 0. Mayor Branning noted that the grand opening of the MVTA Burnsville transit facility was held earlier this evening. A public open house will be held September 16, 1995. MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated August 23, 1995, in the amount of $553,728.30; August 31, 1995, in the amount of $174,770.20; September 7, 1995, in the amount of $3,461,978.15; and September 14, 1995, in the amount of $6,563,868.38. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded Humphrey, to adjourn. Ayes ~ 4 - Nays - 0. The meeting was adjourned at 9:58 o'clock p.m.