CITY OF APPLE VALLEY
Dakota County, Minnesota
August 8, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 8th, 1996, 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 Molenda, City Engineer Gordon, Finance Director Ballenger, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow.
Mayor Branning 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.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0.
AUDIENCE
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.
CONSENT AGENDA
MOTION: of Sterling, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Sterling, seconded by Erickson, approving the minutes of the regular meeting of July 25th, 1996, as written. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-174 appointing individuals to serve as judges for the September 10, 1996, Primary Election. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-175 approving the application for Exemption from Lawful Gambling License of Apple Valley Firefighters’ Relief Association for an event on September 21, 1996, at Fire Station No. 1; and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, approving amendments to previously approved applications for Exemptions from Lawful Gambling Licenses of Sons of American Legion, Squadron 1776, for events on September 13-14, 1996, and November 11, 1996; by excluding tipboards and including paddlewheels as gambling activities. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, approving issuance of a 1996 license for coin-operated amusement devices at Grizzly’s Bar & Grill, 15020 Glazier Avenue. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, approving the revised fee schedule for City Attorney services effective January 1, 1997, as listed in Severson, Sheldon, Dougherty & Molenda, P.A. ‘s, letter dated July 23, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-176 requesting the Dakota County Advisory Planning Commission to approve an address change for Anchor Bank (Apple Valley Commercial 4th Addition) from 7101 West 147th Street to 14665 Galaxie Avenue. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, approving reduction of subdivision financial guarantees for: Cedar Isle Estates 2nd Addition, from $37,350.00 to $24,380.00; Diamond Path Townhomes, from $52,050.00 to $23,675.00; and Mistwood, from $177,925.00 to $66,437.00. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-177 approving the final plat and subdivision agreement for East Valley Plaza 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-178 awarding the contract for Repair of Water Damaged Wood Gym Floor at Apple Valley Community Center to Schaefer Hardwood Floors, the low bidder, in the amount of $39,998.00. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-179 receiving the preliminary engineering report for Project 96-518, Palomino Cliffs Utility Improvements, and setting a public hearing on it at 8:00 p.m., on September 12, 1996. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-180 directing the City Engineer to prepare plans and specifications for Project 96-518, Palomino Cliffs Utility Improvements. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, accepting Project 94-439, Diamond Path Townhomes Improvements, as final and authorizing final payment on the contract with Brown & Cris, Inc., in the amount of $6,564.35. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-181 authorizing installation of stop signs at various intersections with Garrett Drive and on north-bound Elkhart Road at its intersection with Elkwood Drive. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1996-182 approving the Grant Agreement with the Minnesota Department of Public Safety accepting $75,000 for hiring a new Police Officer, under the Community Oriented Policing Grant Program, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, approving an Agreement with Frank Madden & Associates for labor negotiation consultant services, at an hourly rate of $90.00, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Erickson, receiving notice of the Fire Chief’s appointment of Charles Russell and Robert Stahl to the position of Captain at Fire Station No. 1. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
PROJECT 96-520, WYNDEMERE 3RD ADDITION UTILITY & STREET IMPROVEMENTS
Mayor Branning reconvened the public hearing, continued from July 25, 1996, at 8:03 p.m. to consider Project 96-520, Wyndemere 3rd Addition Utility & Street Improvements. Mr. Gretz said application has now been made for the final plat containing 13 single family lots. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:04 p.m.
MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1996-183 ordering installation of Project 96-520, Wyndemere 3rd Addition Utility and Street Improvements - 5 - Nays - 0.
EASEMENT VACATION IN WYNDEMERE ADDITION
Mayor Branning called the public hearing to order, at 8:05 p.m., to consider vacation of an unused utility easement in Wyndemere Addition, and noted receipt of the affidavit of publication of the hearing notice. Mr. Kelley reviewed his memo dated August 5, 1996, describing the request. The Mayor asked for questions or comments form the Council and the audience. There were none and the hearing was declared closed at 8:08 p.m.
MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1996-184 completing vacation of the utility and drainage easement, recorded as Document No. 444948, over Outlot F, Wyndemere; and authorizing the Clerk to record the necessary Notice with Dakota County. Ayes - 5 - Nays - 0.
TRANSIT TAX LEVY
Mr. Kelley reviewed his memo dated August 5, 1996, concerning language which will appear on property tax statements where cities have exercised the option to levy transit taxes. Attorneys for the Minnesota Valley Transit Authority suggested that all cities in the joint powers organization ask the county to use the same language on the notices to advise that transit tax levied by the City reduces the tax levied by the Metropolitan Council.
MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1996-185 requesting the Dakota County Auditor to include a statement on parcel specific property tax notices stating: "The city’s proposed tax for 1997 includes an amount of $___ for transit services under a local levy option. The proposed tax limit of the Metropolitan Council for 1997 (under Metro. Spec. Tax Dists. below) has been decreased by a similar amount as a result of the city’s option." Ayes - 5 - Nays - 0.
PURCHASE OFFER FOR ARMORY SITE
Mr. Gretz reviewed his memo dated August 5, 1996, concerning a purchase offer of $450,000 for Lot 2, Block 1, Apple Valley Armory, from Tim Duoos, of Lyndale Garden Centers. Mr. Duoos has advised that he will not extend the offer beyond tonight. Mr. Gretz also reviewed 1995 appraisals ranging from $1.99 per square foot to $4.50 per square foot for the 3.1-acre site. The current offer is $2.84 per square foot. The high appraisal of $4.50 per square foot was based on the entire site being usable and was modified to $3.60 per square foot. The Council also received a letter from Bachman’s, dated August 2, 1996, expressing concern about the sale.
Mayor Branning questioned the urgency in acting on the offer and noted the garden center use will require a conditional use permit. He expressed concern about lack of time to start Planning Commission proceedings and by approving the sale, the Council would in effect be approving the conditional use.
Councilmember Goodwin said the site has been reviewed for other possible uses including park use. It is not large enough for athletic field space and there is too much traffic for a play area. This is the best proposal that has been presented.
MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1996-186 approving the sale of Lot 2, Block 1, Apple Valley Armory, to Tim Duoos, Lyndale Garden Center; for $450,000 subject to revisions to the Purchase Agreement as the City Administrator and City Attorney deem to be in the best interest of the City and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 1 (Branning).
DNR OAK WILT SUPPRESSION RECOGNITION
The Council received an invitation to a ceremony recognizing plowing of the 1,000,000th foot of oak wilt control line. The Department of Natural Resources is hosting the event, to recognize oak wilt suppression efforts, on August 20, 1996, at 12:30 p.m., in Pioneer Park in Blaine.
ROAD CHARGE LAWSUIT
Mr. Gretz advised the Council that the Supreme Court agreed to hear the appeal of the lawsuit against the City of Eagan by Country Joe Builders. This case is similar to an action filed against Apple Valley and we will be awaiting the outcome.
PLANNING COMMISSION VACANCY
The Mayor noted that a vacancy remains on the Planning Commission. The Council agreed to accept applications until September 1, 1996, and make an appointment during September.
CLAIMS AND BILLS
MOTION: of Humphrey, seconded by Erickson, to pay the claims and bills, check registers dated July 31st, 1996, in the amount of $1,979,426.68; and August 7th, 1996, in the amount of $2,470,135.68. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:52 o’clock p.m.