HomeMy WebLinkAbout02/14/1991CITY OFAPPLE VALLEY
Dakota County, Minnesota
February 14, 1991
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,
Minnesota, held February 14th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall.
PRESENT: Mayor Holton; Councilmembers 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 Asselanis,
Finance Director Ballenger, Planning Intern Benson, Personnel Director Boland,
Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner
Kelley 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. The
Mayor welcomed members of Weeblos Troop 205 and Apple Valley High School DECA Club
who were in attendance.
MOTION: of Goodwin, seconded by Sterling, approving the agenda for
tonight's meeting as amended. Ayes - 4 - Nays - 0.
APPROVE AGENDA
JAN. 31, 1991
MINUTES
PROCLAIM FREE
ENTERPRISE MONTH
PROCLAIM
DECA WEEK
MOTION: of Sterling, seconded by Goodwin, approving the minutes of
the regular meeting of January 31st, 1991, as written. Ayes
- 4 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, proclaiming February 10th
through 16th, 1991, as "Free Enterprise Month" in support of
the Apple Valley Distributive Education Clubs of America
Chapter (DECA). Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Sterling, proclaiming February llth
through 15th, 1991, as "DECA Week" in support of students
pursuing careers in the fields of marketing, distribution and
management. Ayes - 4 - Nays - 0.
Shelly Asmus and Stacy Jacobson, members of Apple Valley High School DECA Club,
were present and thanked the Council for its support and described some of their
activities.
Mayor Holton asked if any one 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 DISCN.
CONSENT AGENDA
MOTION: of Goodwin, seconded by Humphrey, approving all items on the
consent agenda with no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 14, 1991
Page 2
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-25 accepting, with thanks, the donation of part of Lot
2, Block 15, Cedar Knolls (Parcel D) to the City from
Thorson-Cornwell Company. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-26 accepting, with thanks, the donation of $100 to the
Police Department from Joyce McCabe. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-27 accepting, with thanks, the donation of $200 to the
Police Department's D.A.R.E. Program from McNamara
Contracting Oo., Inc. Ayes - 4 -Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-28 declaring Outlot C, Falcon Ridge Trail, as surplus
land, no longer needed for access purposes, and allowing it
to be combined with Lot 1, Block 1, Falcon Ridge Trail, for
residential purposes. Ayes - 4 - Nays - O.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-29 approving special assessment divisions: 18907 -
Galaxie Park 3rd; 18917 - Section 34 Unplatted; 18935 -
Future Carrollton Commercial; 18944 - Biewald 1st Addition;
and 18954 - Hesli Addition. Ayes - 4 - Nays - O.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-30 approving Amendment No. 1 to the Local Government
Information Systems (LOGIS) Joint Powers Agreement and
authorizing the Mayor and Clerk to sign the same. Ayes - 4 -
Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, authorizing the expenditure
of up to $25,000.00 from the Park Dedication Fund for
relocating the old First Federal Building to Valleywood Golf
Course as recommended by the Park & Recreation Advisory
Committee. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, receiving notice of the
Economic Development Authority meeting being set for February
28, 1991, at 8:00 p.m. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-31 approving specifications for Chain Link Fencing
around the Public Works Complex and authorizing advertising
for bids to be received at 2:00 p.m. on March 5, 1991. Ayes
- 4 - Nays - 0.
RES. 1991~25
CEDAR KNOLLS
PROPERTY DONATN.
RES. 1991-26
POLICE DONATION
RES. 1991-27
POLICE DONATION
RES. 1991-28
OUTLOT C, FALCON
RIDGE TRAIL
CHANGE OF USE
RES. 1991-29
ASSESSMENT
DIVISIONS
RES. 1991-30
AMEND LOGIS
J.P. AGREEMENT
PARK DEDICATION
EXPENDITURE FOR
GOLF BUILDING
EDA MEETING
NOTICE
RES. 1991-31
TAKE BIDS PUBLIC
WORKS FENCE
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 14, 1991
Page 3
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-32 approving specifications for Reroofing the City Hall
Building and authorizing advertising for bids to be received
at 2:00 p.m. on March 14, 1991. Ayes - 4 - Nays - 0.
RES. 1991-32
TAKE BIDS CITY
HALL REROOFING
RELEASE BOND
HUNTINGTON SOUTH
RES. 1991-33
NO PARKING
CSAH 33
PROJ. 90-363
PRELIM. REPORT
PROJ. 91-368
PRELIM. REPORT
EMBASSY ESTATES
TOWNHOMES
MOTION: of Goodwin, seconded by Humphrey, approving release of the
$6,000.00 subdivision financial guarantee for Huntington
South. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-33 prohibiting parking on County Road 33 (Diamond Path)
between 140th and 145th Streets in accordance with M.S.A.
standards. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer
to prepare a preliminary feasibility report on Project 90-
363, Galaxie Avenue Extension to 160th Street and Street
Overlays. Ayes - 4 - Nays - 0.
MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer
to prepare a preliminary feasibility report on Project 91-
368, Galaxie Avenue Widening Between 140th and 147th Streets.
Ayes - 4 - Nays - 0.
END OF CONSENT AGENDA
Mr. Kelley reviewed the Planning Commission report on the proposed
Embassy Estates Townhomes located north of 144th Street, between
Embry Path and Emerald Way, for 54 townhouse lots.
Councilmember Humphrey questioned the width of the accesses to 144th Street. Mr.
Kelley said the east access is 24 feet wide and the west access is divided with
each lane being 20 feet wide. Councilmember Humphrey asked that the 24-foot wide
access be widened, at least in the area where it connects with 144th Street.
Councilmember Sterling questioned grading of a swale over the pipeline easement.
She also said she would like to see as much additional visitor parking as possible
provided. Mr. Kelley reviewed the grading to help contain any potential petroleum
leaks. He said all units have 20-foot setbacks and double garages which would
allow two vehicles to be parked in driveways. A total of 32 additional parking
spaces are provided, in several areas, which could perhaps be expanded.
MOTION: of Goodwin, seconded by Humphrey, approving the preliminary
plat of Embassy Estates Townhomes, as recommended by the
Planning Commission, with widening the east driveway access
and additional parking, and directing preparation of a
subdivision agreement. Ayes - 4 - Nays - 0.
EMBASSY ESTATES
PRELIMINARY PLAT
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 14, 1991
Page 4
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No.
1991-34 authorizing issuance of building permits for Embassy
Estates Townhomes, and attaching conditions thereto, as
recommended by the Planning Commission. Ayes - 4 - Nays - O.
RES. 1991-34
EMBASSY ESTATES
BUILDING PERMIT
MOTION: of Humphrey, seconded by Sterling, adopting Resolution No.
1991-35 receiving the preliminary engineering report on
Project No. 91-367, Embassy Estates Utility Improvements, and
setting a public hearing on it at 8:00 p.m. on March 14,
1991. Ayes - 4 - Nays - 0.
RES. 1991-35
SET HEARING
PROJ. 91-367
Mr. Welsch reviewed his memo dated February 11, 1991, concerning the AIRPORT SITE
airport site selection planning process. He reviewed the public PLANNING
meeting schedule for providing information. Recommendations need to
be made to the Site Task Force of the Metropolitan Council by June of 1991. It
will then make a recommendation on one site. The Metropolitan Council will adopt
one new site to review and review proposals for expansion of the existing airport.
The ultimate decision on a new site or expansion of the existing airport will be
made by the Legislature.
It is suggested the Planning Commission conduct a type of town meeting with
citizens and Metropolitan Airport/Metropolitan Council planners. The purpose of
the meeting is to discuss and provide feedback on the impact a new airport might
have on the City.
MOTION: of Humphrey, seconded by Goodwin, directing the Planning
Commission to hold a public town meeting on airport site
selection planning at 7:30 p.m. on April 17, 1991. Ayes - 4
- Nays - 0.
P.C. AIRPORT
TOWN MEETING
Mr. Melena reviewed the memos dated February 8 and 11, 1991, concern- STREET LIGHT
lng the street light utility fund. He showed a map of undeveloped FUNDING
areas and areas currently without street lights which will not pay a
fee at this time. Within the ring route district, are 167 acres which would be
charged at one rate. Thers are 421 acres of commercial/industrial property outside
the ring route which would be charged another rate. The basis for the rates is a
"residential equivalent" suggested at $1.00 per month per single family home. At
the $1.00 rate, 2,872 current customers would have an increase on their bills,
5,496 would hays a decrease and 79 would have no change.
Currently only residential customers pay a street light charge. To implement the
new city-wide rates, Mr. Melena suggested the commercial/industrial rates be set at
50 percent or $4.91 per acre in the ring route and $2.61 per acre for other areas.
Councilmembar Sterling asked why ring route street lights remain on all night? Mr.
Melena said Dakota Electric does not meter the lights, but charges a flat rate per
light rather than based on electrical usage. Changing timing on the lights would
not affect the cost. In franchise renegotiations, provision of street lighting is
one of the issues that will be discussed.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 14, 1991
Page 5
Mayor Holton noted that as state funding is reduced, the City is going to have to
continue to find other methods to finance services which will probably include more
reliance on fees.
MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 503
amending City Code Section 18-3 apportioning costs for the
City street lighting system and providing for billing with
sewer and water utility bills; and adopting Resolution No.
1991-36 establishing street light utility rates of $1.00 per
single family/duplex residential unit, $.75 per multiple/
mobile home unit, $4.91 per acre for property in the ring
route, and $2.61 per acre for other commercial/industrial
property; effective April 1, 1991. Ayes - 4 - Nays - 0.
ORDINANCE 503
ESTABLISH STREET
LIGHT UTILITY &
RES. 1991-36
SETTING RATES
CABLE COMMITTEE
VIDEO TAPE
EXPENDITURE
HISTORICAL COM.
DISBAND AND
RECOGNITION
MOTION: of Humphrey, seconded by Sterling, authorizing the
expenditure of $8,686.00 from the Cable TV Fund for
production of an eight-minute video tape promoting the City
by Moving Pictures, as recommended by the Cable TV Committee.
Ayes - 4 - Nays - O.
MOTION: of Goodwin, seconded by Humphrey, approving the action of the
Historical Committee to disband effective March 1, 1991, and
inviting the members to attend a recognition ceremony at the
March 14, 1991, meeting to thank them for their service.
Ayes - 4 - Nays - O.
Steve Mattson, of Juran & Moody, was present and presented a proposal BOND
for refinancing two of the City's outstanding bond issues. All of the REFINANCING
issues were reviewed and there are seven issues that fit the parameters
where refinancing, at lower interest rates, would benefit the City. He presented
schedules on $2,065,000 G.O. Improvement Bonds of 1987 and $5,000,000 G.O. Water
Revenue Bonds of 1987 at this time. He asked to present a proposal to sell the
other five issues next week.
The two issues, presented at this time, would be a negotiated sale of $4,875,000
crossover refunding bonds. This sale results in a $288,904.62 net present value
reduction to the City.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No.
1991-37 accepting the offer of Juran & Moody, Inc., to
purchase the City's $4,875,000 General Obligation Crossover
Refunding Bonds of 1991, Series A, at a net interest rate of
6.329 percent, providing redemption of 1987 bonds and
providing for issuance of new bonds. Ayes - 4 - Nays - 0.
RES. 1991-37
$4,875,000
CROSSOVER REFUND
BOND SALE
SET SPECIAL
MEETING
MOTION: of Goodwin, seconded by Humphrey, setting a special meeting
at 3:00 p.m. on February 21, 1991, to consider setting a sale
of City bonds. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
February 14, 1991
Pats 6
Mr. Melena said agreements with Ryan Construction on the Southport SOUTHPORT
Centre project included a "best effort" clause to construct a Class RESTAURANT SITE
I restaurant on the site. Bill McHale, of Ryan Construction, and Tim
Bloom, of Coldwell Banker, were present to discuss the issue. Mr. McHale said,
thus far, they have made 58 contacts in an attempt to locate a restaurant with no
success. They need to develop the remaining two sites and will be proposing a
freestanding Walgreen Drug Store north of 153rd Street and a multi-tenant building
north of Baker's Square.
The multi-tenant building will have a Blockbuster Video Store, Wendy's Restaurant
and two other tenants. The Wendy's requires a drive-through lane. The agreement
with the City precludes freestanding Class II restaurants, but they are allowed in
a multi-tenant building. Mr. Melena said the proposal has not been submitted yet.
Councilmember Goodwin commended Mr. McHale for the way the project has developed,
but expressed concern about a Class II restaurant, in that location, and questioned
whether it is necessary for a restaurant to be on that site. Mr. Welsch said if
the Council is interested in pursuing a restaurant, it may need to provide some
assistance.
Councilmember Humphrey asked that the Council discuss restaurant issues further at
its informal meeting on February 21, 1991.
Mr. Welsch said the Planning Department has been reviewing conceptual 127TH & CEDAR
uses for the site at 127th and Cedar, of which the City now owns half. PARK & RIDE
It has been considered as a potential park and ride site for commuters SITE CONCEPTS
along with various combinations of housing and open space uses. Under
the terms by which Thorson-Cornwell is donating the property, the City will own the
entire site in 1993.
Mayor Holton asked how many park and ride spaces would be needed? Mr. Melena said
150 to 200 spaces are estimated and partial development could begin once a long
term plan for the property is determined. The Council asked for further discussion
of the concepts at the March 21, 1991, informal meeting.
The Council received a letter dated February 5, 1991, from the City
Attorney concerning the DWI ease appeal of Michael J. McCauley. Mr.
Melena noted that appeal was withdrawn and the Court imposed sentence.
Submitted for information only.
DWI APPEAL
STATUS REPORT
Councilmember Humphrey reviewed the memo dated February 14, 1991, con- MTVA BUDGET
corning proposed transit budget cuts. He distributed a memo from STATUS REPORT
Beverly Miller, of the MVTA, providing additional information on legal
opposition to these reductions by the opt-out cities. The Regional Transit Board
will be discussing the budget further at its meeting on February 19, 1991.
Legislators are being contacted for support in restoring the cuts and in providing
direct payment to the MVTA rather than funneling funds through the RTB.
CITY OF APPLE VAT~.WY
Dakota County, Minnesota
February 14, 1991
Page 7
The Council received a tentative schedule of the discussion items for
its February 21, 1991, informal meeting set to begin at 3:00 p.m.
INFORMAL MEETING
AGENDA
SET INFORMAL
MEETINGS
MOTION: of Humphrey, seconded by Sterling, setting informal meetings
at 2:00 p.m. on February 21, 1991, and at 5:00 p.m. on
February 26, 1991, to interview applicants for the Council
vacancy. Ayes - 4 - Nays - 0.
The Council discussed the type of questions to be used for the interviews. They
concurred that suggestions for specific questions should be submitted to the
Personnel Director by 3:00 p.m. on February 19th. The questions will be assembled
in written format for the interviews which will begin at 5:00 p.m.
The Council received a memo dated February 11, 1991, outlining the
1991 meeting schedule. Unless changed, regular meetings are set for
second and fourth Thursdays of each month at 8:00 p,m. and informal
meetings are set for the third Thursday of each month at 6:00 p.m.
No action was taken on the schedule.
1991 MEETING
SCHEDULE
CLAIMS & BILLS
MOTION: of Goodwin, seconded by Humphrey, to pay the claims and
bills, checks numbered 82489 through 82584 and 82593 through
82761, in the total amount of $6,154,934.28. Ayes - 4 - Nays
MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - O.
The meeting was adjourned at 10:41 o'clock p.m.