CITY OF APPLE VALLEY
Dakota County, Minnesota
September 12, 1996
Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 12th, 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 Sheldon, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, Assistant to the Administrator Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, Human Resources Manager Margarit, and Public Works Director Miranowski.
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, holding consideration of the Planning Commission appointment until September 26, 1996; and approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0.
AUDIENCE - SCHOOL DISTRICT 196 EBD FACILITY
Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting’s agenda. Fran Scharf, 13801 Diamond Path, commented on meetings concerning School District 196’s proposal to construct a facility for Emotionally and Behaviorally Disabled (EBD) students on its property at 144th Street and Diamond Path. She said the Mayor expressed concern about the exterior building materials of the facility and made a statement that City-owned property at 160th and Pilot Knob Road was available for the facility. The Council commented on their understanding that some type of land swap or field construction might be offered for the site.
Mr. Gretz said Staff discussions involved some type of land swap or in-kind services for the land, but a formal proposal was not made to the School District. The Superintendent indicated that the District would not be willing to spend anything on acquiring land from the City. Since the City acquired the land in a settlement involving Dakota County and Lakeville, a proposal would have to be discussed with those entities also. Mayor Branning said he believes land given for a public purpose could be used by the School, but he only speaks for himself and not the entire Council.
Shari Reuer, 4814 West 143rd Street, urged the Council to view tapes of recent School Board meetings and expressed concern about traffic on 144th Street, near Diamond Path School, if the facility is constructed where the School District proposes. The Mayor said the issue and traffic report are scheduled to be considered by the Planning Commission at its meeting of September 18, 1996.
CONSENT AGENDA
MOTION: of Humphrey, seconded by Goodwin, moving consideration of a grading permit at 12053 Gantry Lane to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of August 22nd, 1996, as written. Ayes - 4 - Nays - 0 (Goodwin Abstained).
MOTION: of Humphrey, seconded by Goodwin, proclaiming September 23-28, 1996, as "Lawsuit Abuse Awareness Week" and supporting efforts to increase public awareness of lawsuit abuse and its effect on the community. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-199 accepting, with thanks, the donation of $2,000.00 from Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving closing 147th Street, between Glazier and Galaxie Avenues, on September 14 and 15, 1996, for the Ring-Around-the-Arts Festival and approving other associated activities as described in the Recreation Supervisor’s memo dated August 29, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving issuance of a 1996 Christmas Tree Sales Lot License to Boy Scout Troop 205, on the northwest corner of 142nd Street and Cedar Avenue. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving issuance of a 1996 Cigarette Sales License to Gerard Busman, d/b/a Tobacco City, at 7540 West 149th Street. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin adopting Resolution No. 1996-200 approving an application for Exemption from Lawful Gambling License for Apple Valley American Legion Auxiliary, Unit 1776, for an event on October 11, 1996; and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-201 approving and setting a public hearing on 1996 Special Assessment Rolls No. 396 through 411, in the total amount of $5,330,882.00, at 8:00 p.m., on October 10, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-202 approving and setting a public hearing on 1996 Special Assessment Roll No. 412, delinquent utility charges, in the total amount of $28,443.88, at 8:00 p.m., on October 10, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-203 approving entering into a Sub-grant Agreement with the Division of Emergency Management for Federal disaster assistance with expenses resulting from the May 1996 storm, and authorizing Police Captain Cook to execute the necessary documents. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, authorizing applying for a $50,000 Mighty Ducks Grant from the State of Minnesota for repairs to the High School Sports Arena as described in the Parks & Recreation Director’s memo dated September 6, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-204 approving submission of the 1997 Landfill Abatement Funding Application, in the amount of $26,931.00, to Dakota County. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-205 electing to continue to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1997. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure of $1,937.00 to participate in the League of Minnesota Cities Rights-of-Way Fund, as described in the City Administrator’s memo dated August 27, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-206 approving membership, as an associate member, and participation in the Suburban Rate Authority and designating Charles Grawe as the City’s Director on the Board and John Gretz as the Alternate. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow construction of a porch addition to within 24 feet of the rear lot line at 14115 Garden View Court (Lot 8, Block 1, Palomino Lakeside Estates) as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow construction of a drive-thru canopy to within 34 feet of the west side lot line for Walgreen’s on Lot 5, Block 1, Southport Centre; as recommended by the Planning Commission. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-207 approving a subdivision grading permit for The Summit, with conditions as recommended by the City Engineer. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-208 approving the final plat and subdivision agreement for Hunters Wood Townhomes 5th Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-209 receiving the preliminary engineering report for Project 96-516, Kwik Trip Addition Trunk Utility Improvements, and setting a public hearing on it, at 8:00 p.m., on October 10, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-210 approving specifications for an "All-Wheel Steer Backhoe Loader" for Street Maintenance and authorizing advertising for receipt of bids, at 2:00 p.m., on October 1, 1996. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 4, revised, to the contract with Arcon Construction for Project 94-428, Cedar Isle Estates Improvements, in the amount of an additional $32,193.31. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with Arcon Construction for Project 95-488, Cedar Isle Estates 2nd Addition Improvements, in the amount of an additional $2,695.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with CECA Utilities for Project 96-508, Woodwinds 4th & 5th Additions Improvements, in the amount of an additional $17,970.37. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, accepting Project 94-428, Cedar Isle Estates Improvements, as final and authorizing final payment on the contract with Arcon Construction in the amount of $20,717.36. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, accepting Project 95-473, High School No. 4 Improvements, as final and authorizing final payment on the contract with S. J. Louis Construction in the amount of $5,000.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, accepting Project 95-488, Cedar Isle Estates 2nd Addition Improvements, as final and authorizing final payment on the contract with Arcon Construction in the amount of $20,320.06. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Hunters Wood Townhomes 3rd Addition, from $92,750.00 to $76,250.00; and Hunters Wood Townhomes 4th Addition, from $74,525.00 to $64,325.00. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving the Contracts for Use of the Fire Safety House with the City of Rosemount, for Fire Prevention Week activities at Fire Station No. 2 on October 9, 1996; and at Fire Station No. 3 on October 10, 1996; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, approving hiring the part-time and seasonal employees as listed in the Personnel Report and Addendum dated September 12, 1996. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
GRADING PERMIT, 12053 GANTRY LANE
Councilmember Sterling asked for discussion on the grading permit for 12053 Gantry Lane and questioned whether the trees to be saved would be adequately protected. Mr. Kelley said the tree protection fence will actually be installed farther from the trees than shown on the sketch. Mr. Miranowski said four-foot snow fencing could be used if the Council requires it.
MOTION: of Sterling, seconded by Humphrey, approving issuance of a grading permit for excavation of 300 cubic yards of material on Lot 2, Block 2, Briar Oaks of Apple Valley; as described in the Assistant Planner’s memo dated September 9, 1996.
John Vogelbacher, the petitioner, was present and said all the trees around the rearyard are on his property and he is taking precautions to protect the ones to remain. He has already purchased silt fencing to protect the trees and will supervise the excavation.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
PROJECT 96-518, PALOMINO CLIFFS UTILITY IMPROVEMENTS
Mayor Branning called the public hearing to order, at 8:30 p.m. to consider Project 96-518, Palomino Cliffs Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated July 30, 1996. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:34 p.m.
MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1996-211 ordering installation of Project 96-518, Palomino Cliffs Utility Improvements - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Erickson, approving plans and specifications for Project 96-518, Palomino Cliffs Utility Improvements, for private installation in accordance with the Subdivision Agreement. Ayes - 5 - Nays - 0.
APPLE VALLEY HEALTH CARE CENTER REVENUE BOND REFINANCING
Mayor Branning called the public hearing to order, at 8:35 p.m. to consider Apple Valley Health Care Center Revenue Refunding Bonds, and noted receipt of the affidavit of publication of the hearing notice. Stephen Rosholt, representing the nursing home, described the proposed issuance of refunding bonds to lower the interest rate on the nursing home financing. Mark Applebaum, of Piper Jaffrey, who will be buying the bonds; and Pearl Lemieux, of Apple Valley Health Care Center; were present.
Mr. Rosholt said the City is required to issue the bonds by the Federal Tax Code, in order for them to be tax exempt, but the City is not liable for repayment. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:40 p.m.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-212 providing for the issuance and sale of $3,835,000 Nursing Home Revenue Refunding Bonds, Series 1996, for Apple Valley Health Care Center; and authorizing execution of the necessary documents. - 5 - Nays - 0.
PROPOSED 1997 BUDGET AND TAX LEVY
Mr. Gretz reviewed the proposed 1997 budget and tax levy which the Council is required to adopt, for hearing purposes, by September 16, 1996. The levy adopted at this time would be the maximum levy; it could be reduced, but not increased.
MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1996-213 approving the proposed 1997 budget with total revenue of $24,552,716 and total expenditures of $23,996,891 and a proposed net tax levy of $8,647,375. Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-214 approving the proposed 1997 transit tax levy in the net amount of $873,122.
Mr. Ballenger said the transit tax will be shown as a separate item on the truth in taxation notices rather than combined with the City levy. It will include an explanation that this was previously included with the levy for other taxing jurisdictions.
Vote was taken on the motion. Ayes - 5 - Nays - 0.
MOTION: of Erickson, seconded by Humphrey, setting a special meeting for the purpose of holding a public hearing on the proposed 1997 budget and tax levy, at 7:00 p.m., on December 12, 1996, to be continued to December 19, 1996, if necessary. Ayes - 5 - Nays - 0.
PALOMINO DRIVE VACATION
Mr. Kelley reviewed his memo dated September 6, 1996, concerning completion of vacation of "old" Palomino Drive at the intersection of County Road ll. The reconstructed portion is now open to traffic.
MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1996-215 completing vacation of "old" Palomino Drive from a point midway between the two intersections of Hunters Way west to County Road 11. Ayes - 5 - Nays - 0.
ADULT ESTABLISHMENTS REGULATIONS
Ms. Bodmer gave the first reading of ordinances regulating adult establishments. She reviewed the process and issues considered by the Urban Affairs Committee and the Planning Commission in developing the ordinances as detailed in her memo dated September 9, 1996. The zoning amendment adds Section A1-78 to Appendix A of the City Code which provides for buffer zones of 1,000 feet between adult establishments and sensitive uses and requires a spacing distance of 1,000 feet between one adult use and another.
The other ordinance adds Article III to Chapter 4 of the City Code and requires licensing of adult establishments and uses and sets license fees. Adult Establishments (those with over 25 percent of the floor area devoted to adult materials/activities) and Adult Use Accessory - High Impact (those with less than 25 percent of the floor area devoted to adult materials, but materials are consumed on-site) require licensing. Adult Accessory Use - Limited Impact (adult materials are purchased or rented and consumed off-site) do not require licensing.
The Council accepted the first readings and thanked the Urban Affairs Committee for its work on the ordinances. Second readings will be scheduled for the September 26, 1996, meeting.
CABLE TV ADVISORY COMMITTEE
Councilmember Humphrey commented on the refranchising issues being considered by the Cable TV Advisory Committee and suggested it be expanded to six members. In light of changing technology, he suggested it be named Telecommunications Advisory Committee and the scope of duties expanded.
MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1996-216 amending Resolution No. 1984-207 by expanding the Cable TV Advisory Committee to six members and renaming it "Telecommunications Advisory Committee". Ayes - 5 - Nays - 0.
MOTION: of Humphrey, seconded by Sterling, appointing Jerry Brown and John Magnusson to fill vacancies on the Telecommunications Advisory Committee for terms expiring March 1, 1997. Ayes - 5 - Nays - 0.
COUNCIL ITEMS AND COMMUNICATIONS
The Council noted that the Ring-Around-the-Arts Festival is this weekend, September 14-15, 1996, on 147th Street, west of Galaxie Avenue.
It was noted that the Firefighters’ Relief Association annual "Booya Day" will be September 21, 1996, at Fire Station No. 1.
CLAIMS AND BILLS
MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated August 28th, 1996, in the amount of $1,058,474.54; September 4th, 1996, in the amount of $2,552,778.86; and September 11th, 1996, in the amount of $2,017,987.54. Ayes - 5 - Nays - 0.
MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:13 o’clock p.m.