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HomeMy WebLinkAbout10/27/1994CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 27th, 1994, 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, Community Development Director Kelley, Planning Intern Kragness, Public Works Director Miranowski, and Police Chief Willow. Mayor Branning called the meeting to order at 8:04 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - 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. Charlotte Elm, LWV FLAG of the League of Women Voters of Northern Dakota County, presented a PRESENTATION "VOTE" flag to the City. The League is presenting these flags, to seven cities, to be flown the day before and on election day to remind citizens to vote. The flag will be flown on the Southport Centre flag poles. MOTION: of Sterling, seconded by Humphrey, removing Mistwood plat correction certificate from the agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA OCT. 13, 1994 MINUTES RES. 1994-323 LEGION SR. PARTY DONATION CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Humphrey, approving the minutes of the regular meeting of October 13th, 1994, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1994-323 accepting, with thanks, the donation of $1,000 from Apple Valley American Legion Post 1776 towards the senior citizens' holiday party. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the 1995 Joint Powers Agreement for the South Metro Drug Task Force and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. S. METRO DRUG J.Po AGREEMENT MOTION: of Sterling, seconded by Humphrey, approving a grant appli- cation to the Minnesota Board of Government Innovation and Cooperation for Joint City GIS Services, as described in the Community Development Director's memo dated October 27, 1994, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. JOINT CITY GI8 GRANT APPLICATION CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1994 Page 2 MOTION MOTION MOTION MOTION MOTION MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Humphrey, granting a setback variance for McDonald's allowing expansion of the parking lot to within 10 feet of the west side lot lino on Lot 5, Block 1, Levine Subdivision, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving payment of the Commissioners~ condemnation award, of $73,768.20, to Eleanor C. Petter, related to construction of 132nd Street in White Oak Ridge, as recommended by the City Attorney. Ayes - 5 - Nays - O. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-324 awarding the contract for Project 94-462, Zoo Environmental School Utility Improvements, to Schield Construction, the low bidder, in the amount of $187,209.49. Ayes - 5 - Nays - O. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-325 receiving the preliminary engineering report on Project 94-467, Hunters Wood Townhomes Utility Improvements, and setting a public hearing on it at 8:00 p.m. on November 9, 1994. Ayes - 5 - Nays - O. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-326 approving a subdivision grading permit for Briar Knoll Addition as recommended by the City Engineer. Ayes 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1994-327 approving grading/excavation permit for the Evergreens of Apple Valley, at the northwest corner of 147th Street and Pennock Avenue, as recommended by the Community Development Director. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving the Apple Valley Government Access Channel 21 Operations Manual as recommended by the Cable TV Committee. Ayes 5 - Nays - 0. of Sterling, seconded by Humphrey, receiving Notice of Pay Equity Compliance for 1994 from the Minnesota Department of Employee Relations. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated October 27, 1994. Ayes 5 - Nays - O. END OF CONSENT AGENDA McDONALD ' S PARKING VARIANCE AWARD PETTER 132ND STREET CONDEMNATION RES. 1994-324 AWARD CONTRACT PROJ, 94-462 RES. 1994-325 SET HEARING PROJ. 94-46 RES. 1994-326 BRIAR KNOLL GRADING PERMIT RES. 1994-327' EVERGREENS GRADING PERMIT CHANNEL 21 MANUAL PAY EQUITY COMPLIANCE HIRE SEASONAL EMPLOYEES CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1994 Page 3 Steve Mattson, of Juran & Moody, the City's fiscal consultant, pre- sented a proposal for negotiated sale of the City's general obligation improvement bonds at a net effective interest rate of 5.936 percent. G.O. IMP. BOND SALE PROPOSAL MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1994-328 providing for the issuance and sale of the City's $5,095,000 General Obligation Improvement Bonds of 1994, Series B, to Juran & Moody, Inc., at a net interest rate of 5.936 percent, and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - O. RES. 1994-328 $5,095,000 G.O. BOND SALE Mayor Branning called the public hearing to order at 8:14 p.m. to con- PUBLIC HEARING sider 1994 Special Assessment Rolls 342 through 350 and 351 and noted 1994 ASSESS- receipt of the affidavit of publication of the hearing notice. The MENT ROLLS City Clerk reviewed the proposed assessments. Roils No. 342 through 350 are for utility and street improvement projects totaling $2,173,017. Roll No. 351 is for delinquent utility charges and other miscellaneous charges to property totaling $4,718.58. No written objections to any of the assessments have been received. The Mayor asked for questions or comments from the Council and the public. Richard Buhl, 7872 West 142nd Street, was present and objected to fees being assessed to his property for forcing compliance with the building code. He said he does not believe the costs should be charged to his property. He made repairs as required, however, neighbors continued to complain. Councilmember Sterling asked Mr. Buhl if he lives in the house now? He said he does not. The Council received a memo from the Public Works Director, dated October 27, 1994, chronicling the events in having the hazardous building repaired and cleaned up. Mr. Miranowski said a number of items, that are not safety issues, remain to be completed before a certificate of occupancy can be issued. The assessment of $3,215.90 is for the City's costs and legal expenses. Mr. Buhl said he has spent a lot of money on rebuilding the house and it is now valued at over $100,000. Mr. Sheldon said the Council could certify the assessment now and change it later if it so determines. The Mayor asked for other questions or comments. There were none and the hearing was declared closed at 8:32 p.m. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-329 approving 1994 Special Assessment Rolls No. 342 to 350, in the total amount of $2,173,017.00, for certification to Dakota County. Ayes - 5 - Nays - 0. RES. 1994-329 ASSESSMENTS 342 TO 350 RES. 1994-330' ASSESSMENT 351 MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-330 approving 1994 Special Assessment Roll No. 351, in the amount of $4,718.58, for certification to Dakota County subject to review of the assessment on Lots 1 and 2, Block 1, Carrollwood Village 5thAddition. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 1994 Page 4 MOTION: of E~ickson, seconded by Sterling, amending the foregoing motion by requesting review of the assessment information on Lots 1 and 2, Block 1, Carrollwood Village 5th Addition, within 30 days or at the November 22, 1994, meeting. Ayes - 5 - Nays - O. AMEND MOTION Vote was taken on the motion as amended. Ayes - 5 - Nays - O. Mayor Branning said he had asked Staff to provide a copy of the City CODE OF of Rosemount's Code of Ethics. He would like it referred to the Urban ETHICS Affairs Committee for a recommendation back to the Council. Councilmember Sterling said she does not believe it should go to the Committee, but be worked on by the Council at an informal meeting. Councilmember Goodwin said he believes this is the type of issue the Council should work on itself. Councilmember Erickson said he understands State legislation now supersedes or makes much of it irrelevant and he would like that clarified before referring it to a committee. Mr. Sheldon said the State Gifts Law does supersede many of the sections in Rosemount's Code. MOTION: of Humphrey, seconded by Goodwin, scheduling discussion of a DISCUSS code of ethics for the November 17, 1994, informal meeting. INFORMAL Ayes - 5 - Nays - 0. Councilmember Goodwin commented on attending the opening of the MVTA's PALOMINO PARK Palomino Hills Park & Ride Lot earlier this evening. He has noticed & RIDE LOT cars still parking on the street and asked whether restrictions should be considered? Mayor Branning said the MVTA is taking steps to notify those still parking on the street and would like two to four weeks to resolve the problem. Councilmember Goodwin commented on recent publicity about Minneapolis' METRO SCHOOL school extracurricular activity problems. The City of Minneapolis is ACTIVITIES asking the Metropolitan Sports Facilities Commission to assist with funding the activities. He said he would like the Parks and Recreation Committee to recommend a position on this request. In view of the situation with schools in Minneapolis and St. Paul, he would promote allowing such assistance for those schools without involving assistance for suburban schools also. The Council concurred with referring the issue to the Parks and Recreation Committee. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills; check registers dated October 20, 1994, in the amount of $430,686.61; and October 26, 1994, in the amount of $1,458,663.39. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:55 o~clock p.m.