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HomeMy WebLinkAbout12/29/1993CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 29th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Councilmembers Erickson, Goodwin (attended at 9:52 p.m.) and Sterling. ABSENT: Councilmember Humphrey. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, Personnel Director Boland, Community Development Director Gretz, Associate Planner Hickok, Parks and Recreation Director Johnson, City Planner Kelley, Public Works Director Miranowski and Police Chief Rivers. 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. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA DEC. 9, 1993 MINUTES DEC. 15, 1993 MINUTES DEC. 16, 1993 MINUTES RES, 1993-300 HONEYWELL ENERGY PROG. 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. MOTION: of Sterling, seconded by Erickson, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Erickson, approving the minutes of the regular meeting of December 9th, 1993, as written. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving the minutes of the budget hearing of December 15th, 1993, as written. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving the minutes of the special meeting of December 16th, 1993, as written. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-300 approving a letter of intent for a no-cost decision schedule and authorization to enter into an agreement with Honeywell, Inc., as the provider of a self-funding energy conservation program. Ayes - 3 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-301 authorizing transfer of $100,000 from the Liquor Fund to the General Fund for 1993. Ayes - 3 - Nays - 0. RES. 1993-301 LIOUOR TRANSF. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-302 authorizing the transfer of $180,260.00 from the Police Relief Fund to the General Fund for 1993. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, authorizing the expendi- ture of $9,975.77 from the 1994 LGA Contingency Fund for Police Department moving costs as described in the Police Ohief's memo dated December 16, 1993. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, authorizing the Police Department to retain two confiscated weapons for its own use, rather than destroying them, as described in Police Captain Erickson's memo dated December 22, 1993. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, adopting Resolution No. 1993-303 receiving the preliminary engineering report on Project 93-435, Lampert's Parking Lot Improvements, and setting a public hearing on it at 8:00 p.m. on January 27, 1994. Ayes - 4 - Nays - 0. of Sterling, seconded by Erickson, adopting Resolution No. 1993-304 directing the City Engineer to prepare plans and specifications for Project 93-435. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, approving Change Order No. 3, to the contract with Richard Knutson, Inc., for Projects 93-404 and 93-410, High Point and Pennock Point Improvements, in the amount of an additional $2,000.00. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, approving change orders to contracts for Police Facility construction, as listed in the Personnel Director's memo dated December 16, 1993, in the amount of an additional $1,077.00. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, approving hiring George Horvat for the full-time position of Maintenance Worker I at City Hall effective December 30, 1993, in accordance with the AFSGME contract, as listed in the Personnel Report dated December 29, 1993. Ayes - 3 - Nays - 0. of Sterling, seconded by Erickson, approving hiring Scan McKnight for the full-time position of Police Officer effective January 3, 1994, in accordance with the LELS Contract, as listed in the Personnel Report dated December 29, 1993. Ayes - 3 - Nays - 0. RES. 1993-301 POLICE RELIEF FUND TRANSFER POLICE MOVE EXPENDITURE WEAPONS DESTRUCTION RES. 1993-303 PROJ. 93-435 SET HEARING RES. 1993-3~ PROJ. 93-435 PLANS & S?ECS CHA~GE ORDER 3 PROJ. 93-404 & 93-410 CHANGE ORDERS POLICE STN, HIRE HORVAT MAINTENANCE HIRE McKNIGHT POLICE OFFICER CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Page 3 MOTION: of Sterling, seconded by Erickson, approving hiring the seasonal employees as listed in the Personnel Report dated December 29, 1993. Ayes - 3 - Nays - 0. HIRE SEASONAL EMPLOYEES CENTEX/FISCHER DEVELOPMENT END OF CONSENT AGENDA Mr. Kelley reviewed the Planning Commission report on the Centex/ Fischer residential development proposed for the area north of 140th Street between Fountain Court and Findlay Avenue. It would have 150 single family residential lots and an addition to Greenleaf Park. Mr. Melena said part of the park dedication from this site will be taken in land and part in cash. The cash is intended to be used toward acquiring 72 acres for a youth athletic complex south of 140th Street and east of the Central Maintenance Facility. Gouncilmember Erickson asked if the area is adequately served with park? Mr. Kelley said the Parks & Recreation Committee recommended the addition to Creenleaf Park shown and the trail connection to 140th Street. The Council questioned eliminating sidewalk on the major loop street and installing the pathway link to 140th Street instead. They discussed whether the pathway could be kept open in winter and used as a route to schools and the athletic complex. Mayor Branning said the future extension of Findlay Avenue, east of this subdivision, will have sidewalk on both sides per policy. Councilmember Erickson suggested it may be time to review the sidewalk policy again. Mayor Branning asked why the preliminary plat shows five cul de sacs? Mr. Kelley said the three southern ones are adjacent to 140th Street which has limited access. Mr. Melena said a street connection could be made for the northwest cul de sac which would reduce the park land area and result in a larger cash dedication needed for the athletic complex. The two southeast cul de sacs could be connected by a loop street. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-305 authorizing submitting the Comprehensive Plan amendment (from SF, LD and PK to SF and PK) for the Centex/Fischer site to the Metropolitan Council, as recommended by the Planning Commission, subject to further consideration by the City Council after Metropolitan Council approval. Ayes - 3 - Nays - 0. RES. 1993-305 CENTEX/FISCHER COMP. PLAN AMENDMENT Mayor Branning said he would like to hold discussion of sidewalks until the next meeting when more Councilmembers will be present. He asked Staff to revisit issues of alternate access to future Findlay Avenue (perhaps an outlot); number of cul de sacs in the plat; and amount of park land versus cash dedication being provided. He also asked that paragraph 15, related to scenic easements, of the draft plat approval resolution be reviewed for enforceability. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Page 4 Councilmember Erickson asked why all two-story house plans are shown in Centex's plans? Dan Blake, representing Centex, was present and said those have been the best selling plans, however, they respond to market conditions and change as demand changes. MOTION: of Ertckson, seconded by Sterling, tabling consideration of the Centex/Fischer development preliminary plat, engineering report, and plans and specifications until January 13, 1994. Ayes - 3 - Nays - O. TABLE CENTEX/ FISCHER PLAT Mr. Hickok reviewed the Planning Commission report on the proposed ACADEMY PLACE Academy Place development located at Heywood Avenue and 143rd and DEVELOPMENT 144th Streets. It would have 20 multi-family units with individual utility connections. This would complete the Academy Village planned development at a density not exceeding 12 units per acre. Mayor Branning said he is concerned about that the four row house units on Block 3 will look out of character with the rest of the development. He suggested it be reduced to two units. Councilmember Sterling agreed and noted that because of the slope from Garden View Drive there is not enough space for four units. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-306 approving the preliminary plat of Academy Place 1st Addition and directing preparation of a subdivision agree- ment with conditions, as recommended by the Planning Commission; except allowing 18 units, two units on Block 3, in the subdivision. RES. 1993-31 ACADEMY PRELIM. PLAT Herb Wensmann, the developer, was present and asked if Block 3 could be eliminated from the plat? Mr. Kelley said it could or, since this is preliminary plat approval, the final plat could be prepared without Block 3 and approval on it would lapse after two years. Vote was taken on the motion. Ayes - 3 ~ Nays - O. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-307 authorizing issuance of building permits for 18 units in Academy Place 1st Addition, with 50 percent brick exterior on the units and the balance aluminum or steel siding, and the exterior of the units on Blocks 2 and 3 compatible with existing surrounding quad units. Ayes - 3 - Nays - O. RES. 1993-307 ACADEMY PLACE BLDG. PERMITS RES. 1993-308 TAX INCREMENT AMENDMENT HEARING MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-308 initiating the process for consideration of development district and tax increment financing amendments and authorizing Staff to schedule public hearing(s) tentatively for the meeting of February 10, 1994, as described in Mr. O'Meara's letter dated December 23, 1993. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Page 5 Councilmember Sterling said she will not be at the meeting of February 10, 1994. Vote was taken on the motion. Ayes - 3 - Nays - 0. Mr.~Melena reviewed the proposed Vacant Land Purchase Agreement, pre- YOUTH ATHLETIC pared by the City Attorney, for approximately 72 acres south of 140th ~OMPLEX LAND Street and east of the Central Maintenance Facility. The Council also received a letter dated December 27, 1993, from Michael McNamara concerning the property and a memo dated December 29, 1993, from the City Attorney concerning partnership sale of property. Mr. Melena reviewed funding for the purchase which is intended to come from cash for park dedication on the property north and south of 140th Street and the balance in the current park dedication fund. Councilmember Erickson suggested reviewing the current cash in lieu of land rate for park dedication and making an adjustment if it is not adequate. Councilmember Sterling asked how much grading the property might need to be usable? Mr. Gretz said about 50,000 cubic yards of material will be needed to balance the site and this factor will be reflected in the purchase price. MOTION: of Sterling, seconded by Erickson, authorizing continuing with negotiations for acquisition of property located southwest of 140th Street and Johnny Cake Ridge Road for a central youth athletic complex, proceeding with the Purchase Agreement, and payment of $1,000 earnest money. Ayes - 3 - Nays - 0. ATHLETIC COMPLEX SITE PURCHASE AGRMT TABLE POLICE CHIEF RECRUIT. MOTION: of Branning, seconded by Sterling, tabling consideration of the Police Chief replacement process until all Council- members can be present at a meeting. Ayes - 2 - Nays - 0 (Erickson Abstained). The Council received the City Clerk's memo dated December 27, 1993, MILEAGE concerning the travel policy and mileage reimbursement for elected REIMBURSEMENT officials. Mayor Branning said, rather than expanding the reimburse- ment policy, he would prefer to set car allowances for elected officials; such as $600 per year for each Councilmember and $1,200 per year for the Mayor, and have them paid monthly. MOTION: of Erickson, seconded by Sterling, tabling consideration of amending the travel policy for elected officials' mileage reimbursement until all Councilmembers can be present. Ayes - 2 - Nays - 1 (Branning). TABLE TRAVEL POLICY AMEND. SET INFORMAL MEETING MOTION: of Sterling, seconded by Erickson, setting an informal Council meeting at 7:00 p.m. on January 11, 1994. Ayes 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Page 6 MOTION: of Sterling, seconded by Erickson, approving the 1994 meeting schedule as presented in the City Clerk's memo dated December 27, 1993, except eliminating the informal meetings of January 20th, June 23rd, July 21st and August 18th and moving the March 10th regular meeting to March 8th. Ayes - 3 - Nays - 0. SET 1994 MEETING SCHEDULE MAYORAL TERM ORDINANCE SECOND READING ORDINANCE SETTING MAYORAL TERM Mr. Melena gave the second reading of a proposed ordinance, adding Section 2-3 to the City Code, establishing the mayoral term of office as four years effective with the term beginning January 1, 1995. MOTION: of Sterling, seconded by Branning, passing an ordinance adding Section 2-3 to the City Code establishing the term of office of the Mayor as four years commencing with the ensuing term after the effective date of the ordinance. Mr. Sheldon reminded the Council that this ordinance requires approval by a majority of the entire Council, or three yes votes, to pass. MOTION: of Sterling, seconded by Erickson, tabling consideration of the ordinance until January 13, 1994. Ayes - 3 - Nays - 0. TABLE MOT~QN Mr. Melena gave the first reading of ordinance amending City Code Sec- TOWING CONiL tion 19-77 concerning designation of vehicle towing contractor for ORDINANCE the City. The language would provide that the council designate one FIRST READING or more contractors to serve at the pleasure of the council on such terms and conditions as it may desire. Mr. Sheldon said an extension of the current contract, until April 30, 1994, has been prepared. It allows cancellation on ten days notice and will cover the period until a recommendation can be brought back to the Council. The Council accepted the first reading of the ordinance. The Council received the Public Works Director's memo dated December 27, 1993, concerning Lebanon Cemetery. Mr. Fischer has been contacted about purchasing additional property to expand the cemetery, but he will not be in a position to discuss it further until early February. CEMETERY UPDATE Police Chief Rivers briefed the Council on the hostage incident of CEDAR KNOLLS December 22, 1993. It is still under investigation so certain details HOSTAGE cannot be discussed. He reviewed events leading up to the shooting INCIDENT at the Dexter residence, in Cedar Knolls Mobile Home Park, and des- cribed what occurred while the daughter was held hostage in the home during the day. She was safely released at the end of the day and the County Attorney has brought charges against the individual involved. It is estimated that associated costs for the Police Department were $5,000 and he asked that this be paid from the contingency fund. He thanked all agencies involved for their cooperation and assistance during the day. CITY OF APPLE VALLEY Dakota County, Minnesota December 29, 1993 Page 7 MOTION: of Erickson, seconded by Sterling, setting a special meeting SET EDA of the Economic Development Authority, at 7:00 p.m., on MEETING January 27, 1994 to consider the Economic Growth Partnership Committee proposal. Ayes - 3 - Nays - 0. Mayor Branning reviewed various items of correspondence and meeting MAYOR'S notices he has received. He noted he will be out of town during the CORRESPONDENCE week of January 17th. (Councilmember Goodwin arrived during this time.) MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated December 22, 1993, in the amount of $2,730,259.66; and December 29, 1993, in the amount of $1,350,218.26. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:55 o'clock p.m.