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HomeMy WebLinkAbout11/12/1992CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 12th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Administrative Intern Bail, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, 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. Members of Boy Scout Troop 229 led the Councilmembers and everyone in attendance in the pledge of allegiance to the flag. Mayor Holton introduced Rob Swanson, Scoutmaster of Boy Scout Troop SCOUT GOOD 499. This Troop was visiting Florida in August during Hurricane NEIGHBOR Andrew. Daniel Johnson, a member of the Troop, described their CERTIFICATES experiences in a shelter in Miami where they assisted with food dis- tribution and cleanup. Mayor Holton distributed "Good Neighbor" certificates to the Troop members: Cris Carpenter, Steven Clayton, Larry Crisp, Brian Gadient, Scott Hawkinson, Daniel Johnson, Brad Thompson, Brian Thompson and Michael Thompson and adult leaders, Robert Swanson and Steve Johnson. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Holton asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Police Chief AAA PEDESTRIAN Rivers informed the Council that the City has again received the AAA SAFETY AWARD Pedestrian Safety Award. He presented the Award to the Mayor and noted that.the City has now had 10 consecutive years without a pedestrian fatality. MOTION: of Goodwin, Seconded by Erickson, moving consideration of the Christmas Tree Sales Lot Permit and personnel items to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA OCT. 22, 1992 MINUTES NOV. 5, 1992 MINUTES CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Erickson, approving the minutes of the regular meeting of October 22nd, 1992, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving the minutes of the special meeting of November 5th, 1992, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota Novembe 12, 1992 Page 2 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-280 accepting, with thanks, the donation of $100 toward the purchase of a park picnic table from the Briar Oaks Neighborhood. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-281 adding clay-coated magazines to the list of targeted recyclables, as defined in City Code Section 11-1, to be collected by licensed haulers as part of the residential recycling program effective January 1, 1993. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving the First Amendment of Agreement Dated October 23, 1974, with Independent School District Nol 196 for the Indoor Sports Facility, related to insurance and liability responsibility, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, rejecting the Memorandum of Understanding from Dakota County, dated October 20, 1992, designating the City as primary agency for administration of the Uniform Street Naming and Addressing System. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-282 setting a public hearing, at 8:00 p.m., on December 10, 1992, to consider 1993 renewal applications for on-sale liquor, beer and wine licenses. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, approving issuance by the Minnesota Department of Public Safety of temporary on-sale liquor licenses for the Minnesota Zoological Garden on December 10, 11, 12 and 31, 1992; and for the Apple Valley Chamber of Commerce, at 14955 Galaxie Avenue, on November 13, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving the Joint Stipulation of Dismissal and Order for Judgment to settle acquisition, by condemnation, of right-of-way for Galaxie Avenue from Wayne and Joanne Pahl and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving release of the $18,746.00 financial guarantee from Dr. Walter-Hansen to assure completion of the relocation of the old First Federal Bank Building to 14520 Pennock Avenue. Ayes - 5 - Nays - O. RES. 1992-280 BRIAR OAKS PARK DONATION RES. 1992-281 MAGAZINE RECYCLING AMEND SPORTS FACILITY AGREEMENT REJECT RESP. FOR STREET NAMING SYS' RES. 1992-282 1993 ON-SALE RENEW HEARING TEMPORARY ON-SALE LIQUOR LICENSES SETTLE PAHL GALAXIE AVE. CONDEMNATION RELEASE DR. HANSEN BLDG. GUARANTEE CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 3 MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-283 approving specifications for a standby diesel generator at the Nordic Booster Station and authorizing advertising for bids to be received at 2:00 p.m. on December 3, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-284 awarding the sale of a 1985 Dump Truck with snow removal equipment to Johnson Motor Sales, Inc., the highest bidder, in the amount of $23,157.00. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-285 awarding contracts for supplying certain road materials for 1992-93 to Fischer Sand & Aggregate, McNamara Contracting and Edward Kraemer & Sons, low bidders, based on quantities to be purchased. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, approving reduction of subdivision financial guarantees as follows: Pilot Knob Estates 8th Addition, from $119,175.00 to $28,835.00; Embassy Estates 2nd Addition, from $43,367.00 to O; and Apple Ponds 3rd Addition~ from $35,117.50 to $10,700.00. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, approving Highway Easements for Dakota County Project 46-04, to provide locations for pad-mounted transformers for Dakota Electric on parts of Outlot A, Longridge 2nd Addition; and "Park" in Morningview 6th Addition; and authorizing the Mayor and Clerk to sign the same. Ayes- 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving Change Order No. 1 to the contract with Hydrocon, Inc., for Project 92-379, HRA Cedar Knolls Townhomes Utility Improvements, in the amount of an additional $14,913.00 for installation of Project 92-397, Olson/Safari Pass Utilities. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, accepting Project 92-393, Embassy Estates 3rd Addition Utility Improvements, as final and authorizing final payment on the contract with Volk Sewer & Water, Inc., in the amount of $200.00. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, receiving the Finance Director's memo dated November 9, 1992, concerning reforestation and tree preservation funding and approving establishment of a Reforestation Escrow Fund. Ayes - 5 - Nays - 0. RES. 1992-283 TAKE BIDS GENERATOR RES. 1992-284 AWARD SALE OF TRUCK & EOUIP. RES. 1992-285 AWARD PURCHASE ROAD MATERIALS SUBDIVISION BOND REDUCTION C.R. 46 DAKOTA ELECTRIC EASEMENTS CHANGE ORDER 1 PROJ. 92-379 FINAL PAYMENT PROJ. 92-393 ESTABLISH REFORESTATION ESCROW FUND CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 4 MOTION: of Goodwin, seconded by Erickson, amending the waiting period for an employee to add dependent dental insurance coverage, from three years to one year from the date of application for such coverage, effective January 1, 1993. Ayes - 5 - N~ys - 0. DEPENDENT DENTAL INS. WAITING PERIOD MOTION: of Goodwin, seconded by Erickson, approving contracting through LOGIS for 1993 employee group health insurance with Group Health Plan, MedCenters and Medica, as described in the Personnel Director's memo dated November 12, 1992. Ayes - 5 - Nays - 0. LOGIS 1993 GROUP HEALTH INSURANCE END OF CONSENT AGENDA Councilmember Sterling questionad conditions for issuance of licenses CHRISTMAS TREE for Christmas Tree Sales Lots and whether they should be issued for SALES LOTS temporary businesses. Mayor Holton said he thought licenses were only going to be issued to nonprofit groups. Mr. Sheldon said he would have to review the conditions and the item could be held over if desired. MOTION: of Erickson, seconded by Humphrey, approving issuance of a Christmas Tree Sales Lot license to David Garin, d/b/a Stamper's Choice, on Outlot A, Apple Valley 9th Addition (206 County Road 42), for the period November 15th through December 26, 1992. GARIN CHRISTMS TREE LOT Councilmember Erickson said he would like to review licensing conditions after the first of the year Councilmember Humphrey said he would like to allow only nonprofit groups to be licensed. Councilmember Sterling asked if the property owner has consented to the license? She was advised that it has. Vote was taken on the motion. Ayes - 5 ~ Nays - 0. Councilmember Sterling asked in which department the Community Service CSO REPLACEMNT Officer Intern will be working? Mr. Melena said this is a replacement for an individual who left and is in the Police Department. The financial coding system was recently changed and department "20" is Police. MOTION: of Sterling, seconded by Erickson, approving hiring Cory Breitung for the fulltime position of Maintenance Worker I, in the Utilities Department, and Jonathan Holle for the parttime position of Community Service Officer, in the Police Department, as listed in the Personnel Director's memo dated November 12th, 1992. Ayes - 5 - Nays - 0. HIRE UTILITIES MAINTENANCE & CSO EMPLOYEES PUBLIC HEARING AMEND TIF DISTRICT 7 Mayor Holton called the public hearing to order at. 8:15 p.m. to con- sider amending the Master Development District and enlarging Tax Increment Financing District No. 7, and noted receipt of the affidavit of publication of the hearing notice. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 5 Mr. Melena said two items are being considered. First is amendment of the Master Development District to allow up to $671,000 of additional public improvement or development costs to be made or incurred in the redevelopment district. Second is enlargement of Tax Increment Financing District No. 7 to add the Minnehaha Falls Garden Center property and Lot 2, Block 1, Apple Valley Office Addition, to the district. In order to add the Garden Center site to the district, as requested for redevelopment, it must be connected by land which is why the Sports Clinic parcel is included. Dr. Todd, of the Sports Clinic, was present and said he wants to be assured that this action will not result in condemnation of his building. Mr. Melena said that is not proposed, it is only proposed to include his property in the tax increment district. The Council received resolutions of the County Board and Apple Valley Planning Commission finding that the proposal is consistent with policies for use of tax increment financing. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 8:20 p.m. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-286 approving Amendment of Master Development Program and Enlargement of Master Development District and Enlarge- ment of Tax Increment Financing District No. 7 and Amendment of its Tax Increment Financing Plan by including the Minnehaha Falls Garden Center site and Lot 2, Block 1, Apple Valley Office Addition, properties. Ayes - 5 - Nays - 0. RES. 1992-286 AMEND MASTER DEV. DISTRICT & TIF DIST. 7 PROJ. 92-400 REMOVE FROM AGENDA Mayor Holton noted that Project 92-400, Sunset Addition Utility Im- provements, has been Cemoved from the agenda because the Engineer determined the necessary utilities are already in place. Sharon White, representing the group organizing a "Ring-Around-the- RING-AROUND- Arts" festival, was present to request use of the City's logo in its THE-ARTS LOGO advertising. The first festival is being planned for June 19, 1993. A contest was held at the High School to select a logo for the festival and the winning entry incorporated the City's logo; thus the request to use it. MOTION: of Erickson, seconded by Goodwin, approving a Trademark License Agreement with the "Ring-Around-the-Arts" festival committee allowing it to use the City's logo in advertising and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. RING-AROUND- THE-ARTS LOGO AGREEMENT Mr. Johnson reviewed his memo dated November 9, 1992, advising the DNR FISHING Council that the DNR has awarded a grant to the City to construct a DOCK GRANT fishing pier at Lac Lavon. It will be installed at Lac Lavon, in 1993, and the existing dock, donated by the In-Fisherman Club, will be relocated to Farquar Lake. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 6 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-287 accepting, with thanks, the donation of a fishing pier for Lac Lavon, valued at up to $15,000, from the Minnesota Department of Natural Resources. Ayes - 5 - Nays - O. RES. 1992-287 LAC LAVON DOCK DONATION POLICE FACILTY EOUIPMENT Mr. Weldon reviewed his memo dated November 6, 1992, concerning bids received for the new Police Facility elevators and detention equip- ment. John Bossardt, the Construction Manager, was present and recommended awarding the contracts. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1992-288 awarding the contract for Police Facility Elevator Equipment, to Lagerquist Elevator, the Iow bidder, in the amount of $37,200.00. Ayes - 5 - Nays - O. RES. 1992-288 AWARD CONTRACT P,D. ELEVATOR MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-289 awarding the contract for Police Facility Detention Equipment, to Ackley Dornback, Inc., the low bidder, in the amount of $57,836.00. Ayes - 5 - Nays - O. RES. 1992-289 AWARD CONTRACT P.D. DETENTION Mr. Gretz reviewed the provisions of Minnesota Statutes 169.14 allow- SCHOOL SPE] lng local authorities to establish reduced speed limits in school ZONING zones. Such speed limits are in effect when children are present and cannot be lower than 15 mph or more than 20 mph below the established speed limit on the street if it is 40 mph or greater. He recommended that if the Council were to take this action on Garden View Drive, in the vicinity of Southview School, the speed limit not be reduced below 20 mph. Councilmember Humphrey said Garden View Drive is not adjacent to a playground and has wide sidewalks on both sides of the street. He is not in favor of taking action on the speed limit until a complete traffic study, including accident information, is provided. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of establishing'school zone speed restrictions on Garden View Drive in the vicinity of Southview/Valley Middle Schools until a traffic study of the corridor is completed. Ayes 4 - Nays - 1 (Erickson). TABLE GARDEN VIEW SCHOOL SPEED ZONE GREENLEAF SCHOOL/GALAXIE PARKING Mr. Melena reviewed the Police Department's memo dated October 30, 1992, concerning parking on Galaxie Avenue at Greenleaf School. On- street parking is not prohibited at this time, but is recommended to be implemented with the ability to allow limited parking on the west side of the street during special events. Councilmember Erickson questioned the safety of people getting in and out of vehicles on Galaxie when parking is only allowed occasionally. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 7 Councilmember Humphrey said he does not believe parking should be allowed on the street. It should be prohibited and a letter sent to the principal so advising. The school has additional property available to expand parking if needed. Councilmember Sterling said some action needs to be taken, either prohibit parking or install warning flashers. Mayor Holton said he has contacted gravel haulers and they will be re-routing trucks to Cedar instead of Galaxie. Me asked for information on what type of school events cause parking problems and how frequently they occur. MOTION: of Sterling, seconded by Humphrey, tabling consideration of restricting parking on Galaxie Avenue in the vicinity of Greenleaf School for more information on traffic counts, number of events causing problems and how many additional parking spaces would be provided. Ayes - 5 - Nays - 0. TABLE GALAXIE/ GREENLEAF SCHOOL PARKING Mr. Gretz reviewed the letter dated November 4, 1992, from MnDOT re-' PALOMINO DRIVE porting on the speed limit study conducted on Palomino Drive. It SPEED STUDY indicates that the current 45 mph speed limit is proper on the western portion of the road. It also referenced the 35 mph limit on the eastern portion of the road, which was not studied, and suggested a study might be-appropriate. The Council noted that this portion of the road passes by two parks as well as the park-and-ride lot at Christus Victor Church and, though a uniform speed limit might be good, it should be left as is. Mr. Welsch reviewed the request of Valley Olds/Pontiac/GMG for a con- VALLEY OLDS ditional use permit to allow outdoor storage of new and a limited OUTDOOR number of body damaged and employee vehicles. Bernie Wagnild, repre- STORAGE C.U.P. senting the company, was present to answer questions. The Planning Commission recommended approval except for the requirement of reconfiguring the southwest corner of the parking lot. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1992-290 approving a conditional use permit for outdoor storage of motor vehicles for Valley Olds/Pontiac/GMG on Lots 1, 2, 3 and 8, Block 5, Valley Commercial Park 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1992-290 VALLEY OLDS OUTDOOR STORAGE C.U.P. Mr. Kelley reviewed the report on the proposed Summerfield Townhomes SUMMERFIELD development located at the southeast corner of 140th Street and Essex TOWNHOMES Avenue. The developer has requested rezoning to "M-3C" which would PROPOSAL allow vinyl or aluminum siding and reduce building setbacks. The reduced setback would allow the developer to add porches to the units without requiring variances. He gave a slide presentation of exterior materials on various multi-family dwellings throughout the City. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 8 MOTION: of Sterling, seconded by Humphrey, passing Ordinance No. 546 rezoning the proposed Summerfield Townhomes property, at 140th Street and Essex Avenue, from "A" to "M-3C", as recommended by the Planning Commission. ORDINANCE 546 REZONE SUMMER- FIELD TOWNHOME Counoilmember Erickson asked Mr. Diedrich, the developer, if he agrees with the Planning Commission recommendation to include porches and bay windows on the rear of the buildings? Mrf Diedrich said he is trying to keep the cost of the units down and would provide these as options. They will be shown in the model. Councilmember Humphrey questioned whether additional green space should be reserved for a playground area. Councilmember Goodwin said he is concerned about the appearance of buildings located next to existing single family homes. Mr. Diedrich commented on the improved quality of vinyl siding he intends to use and a desire by owners of townhomes for less exterior maintenance. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1992-29 1992-291 approving the preliminary plat of Summerfield PRELIM. Townhomes, with 23 units, and directing preparation of a SUMMERFIELD subdivision agreement with conditions as recommended by the TOWNHOMES Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-292 authorizing issuance of building permits for Summerfield Townhomes, with conditions as recommended by the Planning Commission, except that 75 percent of the units abutting single family lots must have either a porch or a bay window. RES. 1992-292 BLDG. PERMIT SUMMERFIELD TOWN-HOMES Councilmember Goodwin asked if other options to break up the linear appearance of the backs of the buildings were considered? Mr. Kelley said use of brick or staggered setbacks were considered. The developer believed the cost of brick would prohibitive and staggered setbacks caused other problems. MOTION: of Erickson, seconded by Sterling, amending the foregoing motion by requiring that, in addition to the 75 percent requirement for a porch or a bay window, a minimum of eight of the units must have porches. Ayes - 5 - Nays - 0. AMEND MOTION MOTION: of Erickson, seconded by Sterling, amending the foregoing motion by relocating the three parking spaces shown in the center island to another area on the property and retaining the area as open space. Ayes - 5 - Nays - 0. AMEND MOTION Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 9 MOTION: of Sterling, seconded by Ooodwin, adopting Resolution No. 1992-293 receiving the preliminary engineering report for Project 92-402, Summerfield Townhomes Utility Improvements, and setting a public hearing on it at 8:00 p.m. on November 24, 1992. Ayes - 5 - Nays - 0. RES. 1992-293 SET HEARING PROJ. 92-402 RES. 1992-294 PLANS & SPECS. PROJ. 92-402 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-294 directing the Engineer to prepare plans and specifications for Project 92-402. Ayes - 5 - Nays - 0. The Council received the draft copy of the Final Environmental Impact FEIS GRAVEL Statement for new sand and gravel mining operations south of County MINING SOUTH Road 42. Mr. Melena said the series of actions required are proposed OF C.R. 42 to follow "Scenario D"; beginning with publication of availability of the document in the EQB Monitor January 4, 1993, and completing it with final publication of the findings February 15, 1993. Councilmember Humphrey asked if other activities, such as Comprehensive Plan amendment and rezoning, could proceed during this time? Mr. Melena said applications could proceed pending determination of adequacy scheduled for January 27, 1993. Mayor Holton expressed concern that approvals are not done in a piecemeal fashion even though the entire scope of the FEIS has been reduced. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-295 receiving the "FINAL ENVIRONMENTAL IMPACT STATEMENT - Consolidated End Use Concept - Sand & Gravel Operations & Reclamation Plans" dated October 22, 1992, and submitting notice of availability to the EQB for publication on January 4, 1993, in accordance with the time line shown in "Scenario D". Ayes - 5 - Nays - 0. RES. 1992-295 RECEIVE FEIS GRAVEL MINING SO. OF C.R. 42 Mr. Melena reviewed the memo requesting vacation of a portion of the 140TH STREET 140th Street right-of-way, east of Galaxie Avenue, reducing it to 50 VACATION feet. The majority of the street has 50-foot half right-of way, this section has 75 feet. Maps showing the entire street right-of-way through the City will be prepared.for the hearing. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-296 setting a public hearing at 8:00 p.m. on December 10, 1992, to consider vacating part of the right-of-way for 140th Street east of Galaxie Avenue. RES. 1992-296 SET HEARING 140TH VACATION Councilmember Erickson asked that the maps include information as to whether the right-of-way is adequate to allow for future turn lanes where needed. Vote was taken on the motion. Ayes - 5 o Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 1992 Page 10 Mr. Kelley reviewed his memo dated November 12, 1992, explaining the Daketa County HRA's request for a final determination of the sales price for the Cedar Knells Tewnhomes development property. Because major soil correction work was required, it is requested that the price of Parcel 3 be reduced to $3,100.00. HRA CEDAR KNOLLS SITE PURCHASE MOTION: of Erickson, seconded by Goodwin, approving a reduction in the sales price of the final parcel of part of Lot 2, Block 15, Cedar Knolls, to $3,100.00 for the Dakota County HRA Cedar Knolls Townhomes. Ayes - 5 - Nays - 0. REDUCE PRICE HRA CEDAR ICNOLLS SITE Mr. Sheldon reviewed his letter dated November 3, 1992, concerning GRACE CHURCH acquisition of Pennock Avenue right-of-way from Grace Lutheran Church. PENNOCK R-O-W It is expected the acquisition can be completed for $33,000. Because of the time involved for the Church Council to accept the offer, it is requested that condemnation proceedings be instituted to complete the settlement. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1992-297 authorizing the City Attorney to commence condemnation proceedings for acquisition of Pennock Avenue right-of-way.from Grace Lutheran Church and accept settlement for $33,000. Ayes - 5 - Nays - O. RES. 1992-297 PENNOCK R-O-W CONDEMNATION The Council received a letter from Maynard and Fannie Smith inquiring OFFER FOR as to the purchase price for the 18-acre, City-owned, compost sits in COMPOST SITE Lakeville. Mr. Melena said since the current park dedication charge PROPERTY is $20,000 per acre, this be the asking price for the property. Councilmember Humphrey asked if an appraisal is needed to sell the site? Mr. Sheldon said no it isn't, nor are sealed bids required, but it must be an "arms length" transaction. Councilmember Goodwin said since the City will have a need to purchase land in the future, he would like to see a separate fund dedicated for such purchase. He would like to know the value and has no objection to an appraisal. Councilmember Humphrey asked if sewer and water is available to the site? Mr. Gretz said it is not, the property is outside of the MUSA line. MOTION: of Erickson, seconded by Goodwin, directing the City Administrator to advise Maynard and Fannie Smith that the selling price of compost site land in Lakeville is $20,000 per acre and if requested by the Smiths, an appraisal can be obtained. Ayes - 5 - Nays - 0. SET PRICE FOR COMPOST SITE PROPERTY SET SPECIAL MEETING MOTION: of Goodwin, seconded by Erickson, setting a special meeting at 8:00 a.m. on Wednesday, December 30, 1992, to conduct final end-of-the year business. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota November 12,1992 Page 11 The Council meeting was recessed at 10:20 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 11:00 p.m. Mr. Melena advised the Council that the City's bond rating has been increased to A1 by Moody's Investors Services. BOND RATING Mayor Holton said the Whitney Plaza development has made some changes WHITNEY PLAZA in the building plans for its first phase. He asked that Staff hold an informational meeting to advise residents as to what changes are being' proposed. The type of changes to the building are usually done in-house, but he would like to have the meeting conducted anyway. MOTION: of Humphrey, seconded by Goodwin, setting a public infor- mational meeting, at 7:30 p.m., on Tuesday, November 17, 1992, at City Hall for the purpose of having Staff review proposedWhitney Plaza building changes for interested residents. Ayes - 4 - Nays - 0 (Erickson Abstained). SET WHITNEY PLAZA INFO. MEETING CLAIMS & BILLS MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, check register dated November 11, 1992, in the amount of $1,266,370.53. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:07 o'clock p.m.