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HomeMy WebLinkAbout09/28/1995CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 28th, 1995, at 8:00 o'clock p.m., at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Administrative Intern Grawe, Community Development Director Kelley, Public Works Director Miranowski, and Police Chief Willow. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. Mayor Branning announced that the Council held a special closed meeting, under attorney-client privilege to discuss pending litigation, at 7:30 p.m., and will reconvene that meeting following the regular the meeting. 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 SEPT. 14, 1995 MINUTES RES. 1995-243 VIOLENCE PREVENTION 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 Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of September 14th, 1995, as written. Ayes - 4 - Nays ~ 0 (Sterling Abstained). MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-243 supporting the "Building Bridges...Peace by Peace" campaign and encouraging participation in the violence prevention efforts in the community. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, proclaiming October 1 - 7, 1995, as "Cities Week--Cities Building Community" and encouraging citizens to learn more about city government. Ayes - 5 - Nays - 0. PROCLAIM CITIES WEEK MOTION: of Humphrey, seconded by Goodwin, proclaiming October 2 - 9, 1995, as "Waste Reduction Week" in support of recycling efforts and curbing the waste stream. Ayes - 5 - Nays - 0. PROCLAIM WASTE REDUCTN~ WEEK CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-244 approving 1995 Special Assessment Rolls No. 368 to 383, in the total amount of $5,480,154.00, for public hearing on October 26, 1995. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-245 approving 1995 Special Assessment Roll No. 384, the total amount of $17,938.28, for public hearing on October 26, 1995. Ayes - 5 - Nays - 0. in of Humphrey, seconded by Goodwin, approving the Storm Drainage Utility Services Agreement and easement with the Minnesota Zoological Garden and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-246 awarding the contract for Project 95-310, Zoo Storm Sewer Improvements, to Schield Construction, the low bidder, in the amount of $116,469.53. Ayes - 5 - Nays - O. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-247 awarding the contract for Project 95-493, Valley- wood 2.0 M.G. Water Storage Reservoir, to Brown Minneapolis Tank Company, the lowest responsible bidder as determined by the City Attorney, in the amount of $638,100.00. Ayes - 5 Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-248 awarding the contract for Project 95-494, Valleywood Reservoir Water Main Improvements, to Schield Construction, the low bidder, in the amount of $310,328.99. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-249 accepting a Temporary Construction Easement from Leo and Sharon Tutewohl for Project 95-426, Central Trunk Sewer Interceptor, and authorizing payment of $109,455.00 for the easement. Ayes - 5 - Nays - 0, of Humphrey, seconded by Goodwin, adopting Resolution No. 1995~250 accepting a Drainage and Utility Easement from Ervin and Ethel Rechtzigel for Project 95-426, Central Trunk Sewer Interceptor, and authorizing payment of $145,000.00 for the easement. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution Ne. 1995-251 approving the Purchase and Cost Reimbursement Agreement with the Metropolitan Council for Project 95-426, Central Trunk Interceptor, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1995-244 ASSMT. 368-383 SET HEARING RES. 1995-245 ASSMT. 384 SET HEARING ZOO STORM DRAINAGE AGREEMENT RES. 1995-246 AWARD CONTRACT PROJ. 95-310 RES. 1995-2 AWARD PROJ. 95-493 RES. 1995-248 AWARD CONTRACT PROJ. 95-494 RES. 1995-249 TUTEWOHL SEWER EASEMENT RES. 1995-250 RECHTZIGEL SEWER EASEMENT RES. 1995-25 MET COUNCIL AGREEMENT PROJ. 95-426 CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with CECA Utilities for Project 95-477, Woodwinds 3rd Addition Improvements, in the amount of an additional $24,790.34. Ayes ~ 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Erickson Construction for Project 95- 481, Walnut Hill Improvements, in the amount of an additional $40,639.74. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving various change orders to contracts for Hayes Park Arena in the net amount of an additional $2,407.50 as listed in the Park & Recreation Director's memo dated September 25, 1995. Ayes 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-252 rejecting bids received for an Electric Ice Resurfacer for Hayes Park Arena because it will be purchased by Apple Valley Hockey Association. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Cedar Isle Estates, from $74,075.00 to $40,000.00; Hunters Wood Townhomes, from $59,350.00 to $25,000.00; and Hunters Wood Townhomes 2nd, from $77~000.00 to $52,000.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-253 approving a Conditional Use Permit for an outdoor display and sales area for PDQ Food Stores on Lot 2, Block 1, Property Underwriters Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, granting a setback variance to allow construction of a ground sign for Midway Bank on the east property line of Lot 1, Block 1, Midway National Bank Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-254 prohibiting parking along the north side of Strese Lane, from Garden View Drive to the east property line of 185 Strese Lane, from April to September between 5:00 p.m. and 9:00 p.m. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving an Independent Contract Services Agreement for 1995-96 officiating services with Metro Volleyball Officials Association and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. CHANGE ORDER 1 PROJ. 95-477 CHANGE ORDER 1 PROJ. 95-481 HAYES ARENA CHANGE ORDERS RES. 1995-252 REJECT ICE RESURFACER BID SUBDIVISIONS BOND REDUCTION RES. 1995-253 PDQ CONDITIONL USE PERMIT SIGN VARIANCE MIDWAY BANK RES. 1995-254 STRESE LANE NO PARKING VOLLEYBALL OFFICIATING AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Page 4 MOTION: of Humphrey, seconded by Goodwin, approving hiring the parr- HIRE SEASONAL time and seasonal employees as listed in the Personnel EMPLOYEES Report dated September 28, 1995. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Steve Mattson, of Juran & Moody, reviewed proposed resolutions set- BOND SALES ting sale dates for three bond issues. He distributed and reviewed revised analysis schedules and asked the Council to consider setting the sales on Wednesday, October 25th, to optimize placement of the bonds. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1995-255 calling for the sale of $2,725,000 General Obligation Improvement Bonds of 1995 at a special meeting on October 25, 1995, at 5:00 p.m. Ayes - 5 - Nays -0. RES. 1995-255 $2,725,000 GO IMPR. BONDS MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-256 calling for the sale of $3,015,000 General Obligation Refunding Bonds of 1995 at a special meeting on October 25, 1995, at 5:00 p.m. Ayes - 5 - Nays - 0. RES. 1995-256 $3,015,000 GO REF. BONDS MOTION: of Ertckson, seconded by Goodwin, adopting Resolution No. 1995-257 calling for the sale of $3,770,000 General Obliga- tion Public Utility Revenue Bonds of 1995 at a special meet- ing on October 25, 1995, at 5:00 p.m. Ayes - 5 - Nays - 0. RES. 1995-~ $3,770,000 GO REVENUE BONDS 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 will not accept less than $250,000 for the property. The original offer was $220,000 and funding was based on that offer. It is possible to fund the additional $30,000 from tax increment financing. MOTION: of Goodwin, seconded by Humphrey, approving the Purchase TODD PURCHASE Agreement for Lot 2, Block 1, Apple Valley Office Addition, AGREEMENT with Donald L. Todd for the total sum of $250,000.00, and authorizing the Mayor and Clerk to sign the same. Councilmember Humphrey asked if EDA approval will also be required to use tax increment financing? Mr. Gretz said not at this time, however Mr. O'Meara is reviewing the project and will advise on procedures. Councilmember Sterling commented that the Economic Growth Partnership Committee reviewed the proposal. Its meeting minutes show an offer of $220,000 to purchase the land and $30,000 to remove the building; not $250,000 for purchase. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Page 5 Councilmember Goodwin commented on the appraisal process and negotiations to actually acquire property. The final price reflects a lesser cost than if condemnation proceedings had been instituted and he can accept that. Councilmember Erickson asked if Exhibit B to the Agreement, related to Environ- mental Laws, adequately protects the City? Mr. Sheldon said he believes it does. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Sterling). Mayor Branning reconvened the public hearing, at 8:24 p.m., to PUBLIC HEARING consider Project 95-492, 147th Street & Cedar Avenue Intersection PROJ. 95-492 Improvements, continued from September 14, 1995. Mr. Gordon reviewed the preliminary engineering report dated July 28, 1995. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:25 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1995-258 ordering installation of Project 95-492, 147th Street & Cedar Avenue Intersection Improvements. Ayes - 5 - Nays - 0. RES. 1995-258 ORDER PROJECT 95-492 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1995-259 approving plans and specifications for Project 95- 492, 147th Street & Cedar Avenue Intersection Improvements, and directing transmittal to MnDOT's Office of Municipal State Aid for approval of funding. Ayes - 5 - Nays - 0. RES. 1995-259 PROJ. 95-492 MSA APPROVAL Mr. Kelley reviewed the Planning Commission report on the proposed OUTPOST JAVA rezoning and conditional use permit for a free-standing coffee drive- PROPOSAL thru facility in the parking lot of Target Greatland called Outpost Java. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 606 amending City Code Section Ag-3(a), Planned Development No. 244, Zone 1, Conditional Uses; by adding a free-standing building with drive-up windows to sell coffee and pastries, with conditions; applicable to Outlot A, Southport 1st, and Lots 1-3, Block 1, Southport Centre 2nd Additions. ORDINANCE 606 PD 244 CONDL. USE AMENDMENT Kenneth Clausen, of Outpost Java, was present and commented on their interest in locating in Apple Valley. Jeff Gerlinger, Vice President, and Mike Callas, Attorney, were also present. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey seconded by Sterling, adopting Resolution No. 1995-260 approving a Conditional Use Permit for a coffee drive-thru with alternate building materials on Lot 1, Block 1, Southport Centre 2nd Addition; with conditions as recom- mended by the Planning Commission. Ayes - 5 - Nays ~ 0. RES; 1995-260 COFFEE DRIVE- THRU C.U.P. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Page 6 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1995-261 approving the site plan and authorizing issuance of a building permit for a coffee drive-thru with alternate building materials, on Lot 1, Block 1, Southport Centre 2nd Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1995-261 COFFEE DRIVE- THRU BUILDING PERMIT Mr. Kelley reviewed the report on a proposed ordinance amending Retail RETAIL/LIMITED Business "RB" zoning standards considered at the last meeting. It GEN. BUSINESS was intended to make rental shops a permitted use and allow outdoor ZONING ISSUES storage by conditional use permit to allow Dakota Rental to relocate to the northeast corner of 146th Street and Pennock Avenue. The report presented options to consider limited and general business rezonings to better reflect existing uses in the area bounded by 145th Street, Pennoek, 146th Street, and Granada Drive. Mayor Branning expressed concern about allowing general business outdoor storage, even under conditional use permits, in this location. Councilmember Humphrey suggested the Planning Commission look at the zoning and consider the issues of existing and future uses as separate actions in a hearing. MOTION: of Erickson, seconded by Humphrey, setting a public hearing SET before the Planning Commission, at 7:00 p.m. on October 18, COMMISSION 1995, to consider rezoning Lots 1-16, Block 2, Valley HEARING Commercial Park 2nd Addition, to a combination of "RB", "LB", and "CB" uses. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving a Commercial Exclusive Listing Agreement with Towle Real Estate Company to sell Lot 2, Block 1, Apple Valley Armory, at a price of $625,000 until March 31, 1996, with a brokerage fee of 6.5 percent or 7 percent if co-brokered; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. ARMORY SITE LISTING AGREEMENT Mr. Gretz said Staff has been meeting with the Dakota County HRA on implementing the Metropolitan Livable Communities Act. Mark Ulfers, of the HRA will be presenting possible alternatives to consider. LIVABLE COMMUNITIES TRANSIT STRIKE CLAIMS & BILLS Mayor Branning noted that the MGTO has not reached an agreement with its drivers and a strike is still expected October 9, 1995. MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated September 21, 1995, in the amount of $1,393,251.29; and September 28, 1995, in the amount of $2,531,443.17. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded Sterling, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:09 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota September 28, 1995 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 28th, 1995, at 7:30 e'elock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Erickson, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon and Attorney Clifford Greene. Mayor Branning called the meeting to order at 7:33 p.m. He announced that the purpose of the meeting was to discuss the SLS Partnership litigation and other pending litigation issues. Mr. Sheldon stated that the meeting could be closed as allowed by attorney-client privilege in pending litigation matters. He advised the Council not discuss to these issues outside of the meeting or it would lose the privilege. MOTION: of Erickson, seconded by Sterling, to close the meeting to discuss pending litigation issues. Ayes - 5 - Nays - 0. CLOSE MEETING The meeting was closed at 7:34 p.m, and the Council convened in the Conference Room along with Attorney Sheldon, City Administrator Gretz, City Clerk Mueller, and Attorney Greene. The Council reconvened in open session at 7:59 p.m. MOTION: of Goodwin, seconded by Sterling, to suspend the special meeting and reconvene after the regular meeting. Ayes - 5 - Nays - 0. SUSPEND MEETNG RECONVENE MOTION: of Erickson, seconded by Humphrey, to reconvene the special meeting and continue with the closed session. Ayes - 5 - Nays - O. The Council reconvened at 9:17 p.m., in the Conference Room, along with Attorney Sheldon, City Administrator Gretz, City Clerk Mueller, and Attorney Greene. MOTION: of Humphrey, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:15 o'clock p.m.