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HomeMy WebLinkAbout07/14/1994CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 14th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson (attended at 8:56 p.m.), Goodwin, Humphrey, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Police Captain Ertckson, Administrative Intern Grawe, Parks & Recreation Director Johnson, Community Development Director Kelley, 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. MOTION: of Sterling, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Don Hains, 836 CODE ENFORCE- Oriole Drive, commented on a neighbor's house destroyed by fire in MENT ISSUES March and the problems getting it cleaned up. He said the person was running an auto repair shop in the garage and asked how this situation can be prevented. He has sold his home and is moving to Lakeville. Councilmember Humphrey said the house was on the code enforcement list and repeated calls were made to it. The Fire Marshal was also involved in the process, but it still took an unusually long time to be cleaned up. Mr. Gretz said the City Attorney's office was also involved with the issues and can be asked to give a report at the next meeting. Enforcement o~ home occupation restrictions is difficult and a report can be given on that also on 3uly 28th. MOTION: of Humphrey, seconded by Goodwin, removing the School District Agreement from the agenda; moving minutes of July 5, 1994, to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 3 - Nays - 0. CONSENT AGENDA JUNE 30, 1994' MINUTES RES. 1994-217 STAR CABLE TV SALE TO MARCUS CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, the regular meeting of June 30th, 4 - Nays - 0. approving the minutes of 1994, as written. Ayes MOTION: of Humphrey, seconded by Goodwln, adopting Resolution No. 1994-217 ratifying approval of the sale of Star Cablevision to Marcus Cable Partners, L.P. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1994 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving the Second Amendment of Agreement with Independent School District No. 196 related to the Indoor Sports Facility, waiving the School District's option to purchase the City's interest; dedicating revenue toward repayment of bonds for the second arena; and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the Ground Lease with Independent School District 196 for the site for the second arena at Apple Valley High School and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-218 completing vacation of a pathway easement along the west side of the plat of Altmagnet Landing and directing recording of the necessary documents. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Ooodwin, adopting Resolution No. 1994-219 awarding the purchase of a Dump Body and Snow Plow Equipment for the Street Department to Midland Equipment Company, the lowest bidder meeting specifications, in the amount of $31,689.08. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving an agreement with David K. Wasson for conducting psychological assessments of the Police Chief candidates and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving contracting with Katharine D. Widen for tree inspection services, of up to one day per week, at $32.00 per hour and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated July 14, 1994. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA MOTION: of Humphrey, seconded by Sterling, approving the minutes of the special meeting of July 5th, 1994, as corrected, with the motion on page 1 concerning Gedarwick reading: "remove from the table". Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 8:20 p.m. to consider Project 94-446, Foxmoore Ridge Two Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. AMEND SCHOOL DISTRICT ARENA AGREEMENT ARENA GROUND LEASE RES. 1994-218 VACATE EASEMIqT ALIMAGNET RES. 1994-219 AWARD SNOW PLOW EQU!~! POLICE CHIEF PSY, ASSESSMTS CONTRACT TREE INSPECTI~i '. HIRE PART-TIME EMPLOYEES JULY 5, 1994 MINUTES PUBLIC HEARIN~ CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1994 Page 3 Mr. Gordon reviewed the preliminary engineering report. questions or comments from the Council and the audience. hearing was declared closed at 8:22 p.m. The Mayor asked for There were none and the MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-220 ordering installation of Project 94-446, Foxmoore Ridge Two Utility Improvements. Ayes - 4 - Nays - 0. RES. 1994-220 ORDER PROJ. 94-446 Mayor Branning called the public hearing to order at 8:23 p.m. to PUBLIC HEARING consider Project 94-457, Middle School No. 6 Utility and Street PROJ. 94-457 Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report and said the two cul de sacs, on Exley Avenue and 128th Street, will be constructed with center islands to prevent parking in the middle. Councilmember Goodwin said he is opposed to putting islands in cul de sacs. Other developers have been told they could not be installed and allowing them here would set a precedent. Counctlmember Humphrey said this situation is different because there are no homes around the cul de sacs and Snow can be plowed to the outside curbs. Mr. Gordon said the residents are also requesting no parking in the cul de sacs, but no commitment has been made on that. Another meeting with the residents is set for July 28, 1994. Councilmember Goodwin said he is opposed to prohibiting parking on these cul de sacs. Other residents living near parks and athletic fields will make the same request. Mayor Branning asked how many cars can park around the perimeter of a cul de sac? Mr. Gordon said probably 16 to 20 vehicles could park there. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:37 p.m. _ MOTION: of Sterling, seconded by Branning, adopting Resolution No. 1994-221 ordering installation of Project 94-457, Middle School No. 6 Utility and Street Improvements, with teardrop cul de sacs, as described in the report, and center islands as alternates. RES. 1994-221 ORDER PROJ. 94-457 MOTION: of Goodwin, seconded by Humphrey, amending the foregoing motion by deleting reference to "center islands as alternates". Ayes - 2 (Goodwtn and Humphrey) - Nays - 1 (Sterling) (Branntng Abstained). AMEND MOTION Vote was taken on the motion as amended. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-222 amending the Land Use Guide Map of the Comprehen- sive Plan, from LI, GI, HD and Buffer to SF, LD and PK, for Cedar Isle Estates as approved by the Metropolitan Council. Ayes - 4 - Nays - 0. RES. 1994-222 CEDAR ISLE COMP PLAN AMENDMENT CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 1994 Page 4 MOTION: of Humphrey, seconded by Sterling, passing Ordinance No. 579 rezoning part of Cedar Isle Estates, located south of 140th Street and east of Galaxie Avenue, from A and I-2 to R-3 and P, as recommended by the Planning Commission. Ayes ~ 4 - Nays - 0. ORDINANCE 579 CEDAR ISLE REZONING MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 580 amending Appendix A of the City Code by rezoning Cedar Isle Countryhomes, located north of 146th Street and east of Galaxie Avenue, to Planned Development, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE 580 CEDAR ISLE PLANNED DEV, MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-223 and 1994-225 approving the final plats and subdi- vision agreements of Cedar Isle Countryhomes and Cedar Isle Estates, respectively, and authorizing the Mayor and Clerk to sign the same. RES. 1994-223 & 225 CEDAR ISLE PLATS Scott Johnson, of Arcon Construction, was present and said they are ready to start construction in these areas. They plan to start on a model home next week. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1994-224 awarding the contract for Project 94-428, Cedar Isle Estates Utility and Street Improvements, to Arcon Construction, the low bidder, in the amount of $914,063.83. Ayes - 4 - Nays - O. RES. 1994-224 AWARD CONTRACT PROJ, 94-428 SET EDA MEETING MOTION: of Goodwin, seconded by Humphrey, setting an informal meeting for the Economic Development Authority at 7:00 p.m., on July 19, 1994, to consider development proposals for property at the northeast corner of County Road 42 and Cedar Avenue. Ayes - 4 - Nays - 0. Councilmember Humphrey said one proposer for this site has requested sketch plan review by the Planning Commission on July 20, 1994. Since the EDA would have to Join in on any development proposal, such proposals should not come to the Planning Commission until the EDA has considered them. It was agreed they should not be presented to the Planning Commission yet. Ms. Boland reported on the interview process for the Police Chief POLICE CHIEF position. Six candidates will be interviewed by the panel tomorrow. INTERVIEWS By Monday, they will have a recommendation on two or three finalists for the Council to interview on July 21st. The Council will conduct individual interviews during the day and could set a special meeting to take action following that. Jerry Oldani, the consultant will be present on July 21st also. CITY OF APPLE VAI3.~Y Dakota County, Minnesota July 14, 1994 Page 5 MOTION: of Sterling, seconded by Goodwin, setting a special meeting SET SPECIAL at 4:00 p.m. on July 21, 1994, to consider candidates for MEETING the position of Police Chief. Ayes - 4 - Nays - 0. The Council discussed recent meetings of the MVTA, League of Minnesota INTERGOVERN- Cities Committees, Metro East Development Partnership and Municipal MENTAL ISSUES Legislative Commission. (Councilmember Erickson attended during this time.) With respect to economic development issues, Councilmember Humphrey suggested asking Janna King to give an overview of where the City is at with the various organizations and what services are being done. The Council also discussed housing issues being considered by the Municipal Legislative Commission in response to the Orfield legislation. MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, check registers dated July 7, 1994, in the amount of $424,398.86; and July 14, 1994, in the amount of $7,428,003.21. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:10 o'clock p.m.