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HomeMy WebLinkAbout09/24/1992CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 24th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Humphrey, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Bail, Personnel Director Boland, Police Captain Cook, Assistant Finance Director Eklund, Parks & Recreation Director Johnson, City Planner Kelley, Building Official Miranowski, Police Chief Rivers, Assistant to City Administrator Weldon and Community Development Director Welsch. Mayor Holton 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 Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Steve Mattson, of Juran & Moody, presented information on proposals BOND REFINANCE to refinance several outstanding City bond issues to take advantage of lower interest rates. Juran & Moody has offered to purchase the three new bond issues. James O'Meara, the City's bond counsel, has reviewed the offer and prepared resolutions to complete the negotiated sales. Sale of the Series B and C bonds require public hearings prior to completion which the Council is requested to set for October 22, 1992. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992~239 accepting the offer of Juran & Moody to purchase the City's $3,000,000 General Obligation Refunding Bonds of 1992, Series A, at a net interest rate of 4.8678 percent, and providing for their issuance. Ayes - 4 - Nays - 0. RES. 1992-239 $3,000,000 G.O. REFUNDING BONDS SERIES A RES. 1992-240 $1,820,000 G.O. REFUNDING BONDS SERIES B & HEARING RES. 1992-241 $360,000 G.O. REFUNDING BONDS SERIES C & HEARING MOTION: of Humphrey, seconded by Ericksgn, adopting Resolution No. 1992-240 initiating the process for sale of the City's $1,820,000 General Obligation Refunding Bonds, Series B, to Juran & Moody, at a net interest rate of 5.6941 percent, and setting a public hearing on it at 8:00 p.m. on October 22, 1992. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-241 initiating the process for sale of the City's $360,000 General Obligation Refunding Bonds, Series G, to Juran & Moody, at a net interest rate of 4.6378 percent, and setting a public hearing on it at 8:00 p.m. on October 22, 1992. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 Page 2 Michael Lenzen, Artistic/Managing Director of the Dakota Civic DAKOTA THEATRE Theatre, was present and described the Theatre's goals and objectives OPEN HOUSE for establishing a performance center. It has leased space in Yankee Square Shopping Center, at Pilot Knob Road and Yankee Doodle Road, in Eagan. }'ire performances have been scheduled for its first season. He invited everyone to attend its open house on September 27, from 1:00 to 3:00 p.m., and on September 29, from 7:00 to 9:00 p.m. Police Officer John Bermel, liaison for the Law Enforcement Explorer EXPLORER SCOUT Scout Program, explained its purpose in involving youth positively in PROGRAM the community. It helps individuals make career decisions on whether to enter the law enforcement field. The post was chartered in October of 1989 and participated in the national convention this past year, winning second place in the "shoot--don't shoot" competition. John Holle, Jason Cook and Josh Jerold, Scout m~mbers, were present and described their experiences in the program. Officer Bermel invited youth aged 14 to 21 to come to an open night on September 29, 1992, and find out about joining. Mayor Holton 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. AUDIENCE DISC, CONSENT SEPT. 10, 1992 MINUTES PROCLAIM CONSTITUTION WEEK RES. 1992-242 GAMBLING LIC. EXEMPTION DAKOTA 40 & 8 MOTION: of Humphrey, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 4 ~ Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of tho regular meeting of September 10th, 1992, as written. Ayes - 4 - Nays - O. MOTION: of Homphrey, seconded by Sterling, proclaiming September 17, 1992, as "Citizenship Day" and September 17 to 23, 1992, as "Constitution Week" and inviting citizens to join in the national commemoration. Ayes - 4 ~ Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-242 approving the Application for Exemption from Lawful Gambling License of Dakota County 40 & 8, Voiture 1457, for an event at Apple Valley American Legion on November 8, 1992, and waiving the waiting period for State approval. Ayes ~ 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving issuance of temporary on-sale liquor licenses by Minnesota Liquor Control Division to the Minnesota Zoological Garden for use at after-hours functions on October 10, 15 and 24 and November 15, 1992. Ayes - 4 - Nays ~ 0. ZOO TEMPORARY LIQUOR LIC. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 Page 3 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-243 approving specifications for Equipment and Modifications to Interior of 14,000 GVWR Step Van for the Fire Department and authorizing advertising for bids to be received at 10:00 a.m. on October 5, 1992. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, extending preliminary plat approval of Galles Addition for one year, to expire October 26, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-244 approving the final plat and Subdivision Agreement for Amoco Ultimate Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-245 completing vacation of part of Glenda Drive, south of 147th Street, and authorizing recording the documents with Dakota County. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, granting a variance to the fence design for Whitney Plaza (Delegard 2nd Addition) as shown in Alternate B of the Community Development Director's memo dated September 21, 1992, with a height of four feet eight inches. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-246 approving plans and specifications for Project 91- 379, HRA Cedar Knolls Townhomes Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on October 15, 1992. Ayes - 4 - Nays ~ 0. MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with McNamara Contracting for Project 92-395, Apple Ponds 4th Addition Street Improvements, in the amount of an additional $4,144.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, accepting the contract with McMamara Contracting for Project 92-395, Apple Ponds 4th Addition.Street Improvements, as final and authorizing final payment in the amount of $19,230.58. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving an excavation permit to allow up to 100 cubic yards of fill to be placed on Lot 9, Block 1, Hyland Point Shores 2nd Addition. Ayes 4 - Nays - 0. RES. 1992-243 TAKE BIDS FIRE VAN MODIFY EXTEND GALLES PRELIM. PLAT RES. 1992-244 AMOCO ULTIMATE FINAL PLAT RES. 1992-245 GLENDA DRIVE VACATION WHITNEY PLAZA FENCE DESIGN VARIANCE RES. 1992-246 TAKE BIDS PROJ. 91-379 CHANGE ORDER 1 PRO3. 92-395 FINAL PAYMENT' PR03. 92-395 EXCAVATION PERMIT HYLAND PT. SHORES 2ND CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 MOTION: of Humphrey, seconded by Sterling, authorizing proceeding with a study and analysis of the classification of mid- management positions in the personnel plan as described in the Personnel Director's memo dated September 24, 1992. Ayes ~ 4 - Nays - 0. MID-MANAGEMENT CLASSIFICATION ANALYSIS MOTION: of Humphrey, seconded by Sterling, approving a medical leave of absence for Thomas Lagace, for up to one year, beginning on or about November 27, 1992, as recommended by the Personnel Director. Ayes - 4 - Nays - 0. MEDICAL LEAVE LAGACE MOTlON: of Humphrey, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Director's memo of September 24, 1992. Ayes - 4 - Nays - 0. HIRE SEASONAL EMPLOYEES IMAGES IN PRINT CONTRACT MOTION: of HUMphrey, seconded by Sterling, approving a Memorandum of Understanding with Karla Hartmann, d/b/a Images in Print, for contract clerical services from July 1992 through December 1992. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:21 p.m. to con- PUBLIC sider Project 92-399, 13456 Cedar Avenue Utility Improvements, and PROJ. 92-399 noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated August 20, 1992, describing utilities for the Lindquist property. At this time, one house exists on the property. The property is included in the preliminary plat of Cherry Oaks and further improvements will be needed when it is subdivided. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:24 p.m. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992~247 ordering installation Qf Project 92-399, 13456 Cedar Avenue Utility Improvements for the Lindquist Property. Ayes - 4 - Nays - 0. RES. 1992-247 ORDER PROJECT 92-399 RES. 1992-248 PLANS & SPECS PROJ. 92-399 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992~248 directing the Engineer to prepare plans and specifications for Project 92-399, 13456 Cedar Avenue Utility Improvements for the Lindquist Property. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission report concerning Park PARK HILL Hill, a proposal to subdivide Lot 3, Block 2, Farquar Hills, for eight SUBDIVISION single family lots. Lot 1, on the preliminary plat, will need to be increased to meet the minimum 15,000 square-foot size required in the shoreland overlay zone. Playground equipment in Farquar Park was inadvertently located partially on this property and will be relocated by the City. CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 Page 5 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-249 amending the Land Use Map of the Comprehensive Plan by changing Lot 3, Block 2, Farquar Hills, from "LD" to "SF" for Park Hill, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1992-249 PARK HILL COMP PLAN AMEND ORDINANCE 544 REZONE PARK HILL RES. 1992-250 PARK HILL PRELIM, PLAT MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 544 rezoning Lot 3, Block 2, Farquar Hills, from "M-6C" to "R-3" for Park Hill, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992-250 approving the preliminary plat of Park Hill, replat of Lot 3, Block 2, Farquar Hills, with conditions as recommended by the Planning Commission. Councilmember Sterling asked if Lot 1 will be a problem when Pilot Knob Road is widened? Mr. Kelley said there is a 75-foot half right-of-way for the road which should be adequate. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-251 receiving the preliminary engineering report for Project 92-401, Park Hill Utility Improvements, and setting a public hearing on it at 8:00 p.m. on October 22, 1992. Ayes - 4 - Nays - 0. RES. 1992-251 SET HEARING PROJ. 92-401 MOTION: of Erickson,.seconded by Sterling, adopting Resolution No. 1992-252 directing the City Engineer to prepare plans and specifications for Project 92-401. Ayes - 4 - Nays - 0. RES. 1992-252 PLANS & SPECS. PROJ. 92-401 Mr. Kelley reviewed the report on a building permit for a two-story BURNET REALTY office building on Lot 3, Block 1, Bor-Nel (14420 Glenda Drive). A OFFICE BLDG. sign permit request has been made in conjunction with the building permit. This zone allows one ground sign and one building sign. They believe the building sign will not be compatible with the architecture and have indicated they will apply for a variance to allow two ground signs. Mr. Kelley said this has been allowed on other lots and an ordinance is being prepared to allow substitution of a second ground sign instead of a building on double street frontage lots such as this. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1992-253 authorizing issuance of a building permit for a two-story office building on Lot 3, Block 1, Bor-Nel, with conditions as recommended by the Planning Commission, including an assessment agreement for sidewalk and pathway improvements along Glenda Drive and Gedar Avenue. RES. 1992-253 BOR-NEL BLDG. PERMIT CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 Page 6 Coucillmember Sterling asked when sidewalk and pathway will be installed? Mr. Melena said it will depend on future development. There is no agreement for installation on the lot south of this site or the area south of 145th Street. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Welsch advised the Council that the Planning Commission held a POLICE FACILTY special meeting on September 23, 1992, to consider a revised site .SITE PLAN plan for the new Police Facility at the southwest corner of 147th Street and Galaxie Avenue. The revised plan now has the initial Police building on the. southern part of the site and allows for construction of a future City Hall on the northern area adjoining 147th Street. No variances are needed with this revised plan and the Planning Commission recommended approval with the landscape plan revised to correspond to the site. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1992-254 authorizing issuance of a building permit for the Police Facility (phase one) on the southwest corner of 147th Street and Galaxie Avenue, with conditions as recommended by the Planning Commission. RES. 1992-254 POLICE FACILTY BLDG. PERMIT Councilmember Humphrey asked when the actual building plans will be available and whether they should be approved before a building permit is authorized? Mr. Melena said, under the contracts authorized with the construction manager and architect, plans are being prepared and will be coming to the Council later this fall. The layout of the floor plan is finalized. Contracts will be awarded for the site work, jail equipment and elevator separately this year. Councilmember Humphrey said the layout may be finalized, but it has not been approved by the Council. He questioned why a building permit is being considered and whether it should be an excavation permit. Mr. Melena said the intent of using a construction manager was to break up the project into several packages to be considered. Councilmember Humphrey asked if site work could be done without a building permit? Mr. Welsch said it could. The authorization for a building permit means the Building Official can issue a building permit once final plans are submitted to him. Councilmember Humphrey said he is still concerned with exterior design details of the building. Vote was taken on the motion. Ayes - 3 - Nays 0 (Humphrey Abstained). MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1992-255 awarding the contract for Project 92-398A, Police Facility Site Grading, to DLR Excavating, the low bidder, in the amount of $22,540.00. Ayes - 4 - Nays - 0. RES. 1992-255 AWARD CONTRACT PROJ. 92-398A CITY OF APPLE VALLEY Dakota County, Minnesota September 24, 1992 Page 7 Councilmember Sterling said she is serving on the League of Minnesota PROPERTY TAX Cities Revenue Sources Committee and they have discussed methods of TRUST FUND assuring that the Legislature continues to provide funds for property tax relief. The Council received a letter from the City of St. Paul asking cities to support a constitutional amendment which would establish a trust fund for this purpose. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-256 urging the State Legislature to support a constitutional amendment dedicating two cents of each six and one-half cents collected by the State sales tax to a new Property Taxpayers' Trust Fund to protect local property tax relief funds from budget cuts. Ayes - 4 - Nays - 0. RES. 1992-256 PROPERTY TAX TRUST FUND CONST. AMEND. EXTEND DATE CONTRACT AWARD PROJ. 92-384 MOTION: of Humphrey, seconded by Erickson, extending the period for awarding the contract for Project 92-384, Apple Valley Ford Addition Improvements, until March 1, 1993, and accepting the low bidder's offer to hold its bid until that date. Ayes - 4 ~ Nays - 0. The Council meeting was recessed at 9:26 p.m. for the purpose of EDA MEETING conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting, the Council meeting reconvened at 9:39 p.m. The Council received a memo dated September 23, 1992, from Zane Bail UNITED WAY concerning the United Way fund raising campaign. A pair of round CAMPAIGN trip airline tickets was donated Northwest Airlines for use as a donation incentive. Because of ethical concerns, the tickets were declined. The Council received a letter dated September 17, 1992, from the City 1-35W THIRD of Burnsville concerning the 1-35W third lane project. They were LANE PROJECT invited to attend a meeting on the project at Burnsville City Hall on October 1, 1992, at 7:00 p.m. In addition, cities are requested to advise the Commissioner of Transportation of support for the project. MOTION: of Sterling, seconded by Erickson, authorizing sending a letter suppocting construction of a third lane for traffic on 1-35W, between 1-494 and T.H. 13, and urging the Minnesota Department of Transportation to proceed with its program for such construction in 1993 and 1994. Ayes - 4 - Nays ~ 0. SUPPORT 1-35W THIRD LANE PROJECT MOTION: of Sterling, seconded by Humphrey, authorizing sending letters to Senators Durenberger and Wellstone in support of amending revisions to the Federal stormwater program requirements affecting cities, including a moratorium on compliance with permits and delay in meeting quality standards. Ayes - 4 - Nays - 0. STORMWATER PROGRAM REQUIREMENTS CITY OF APPLE VALLEY Dakota County, Minnesota · September 24, 1992 Page 8 MOTION: of Erickson, seconded by Humphrey, to pay the lists of claims and bills, check register dated September 16, 1992, in the amount of $277,083.29; and check register dated September 23, 1992, in the amount of $3,426,845.60. Ayes - 4 .- Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. Tho meeting was adjourned at 9:50 o'clock p.m.