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HomeMy WebLinkAbout03/08/1990CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 8th, 1990, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:05 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Humphrey, seconded by Savanick, approving the agenda for tonight's meeting as amended. APPROVE AGENDA Mayor Branning announced that, with this motion, the rezonings on TABLE CEDAR properties west of Cedar Avenue and north of 140th and 138th Streets WEST REZONINGS are being removed from consideration at this meeting. The Council would like further briefing and explanations of the proposed actions at its informal meeting on March 15, 1990. Mr. Welsch said these are cases where the zoning and Comprehensive Plan land use designations are inconsistent. Since the Planning Commission began the process of looking at these inconsistencies, classifications in the zoning ordinance have been changed; such as, R-1A, R-1B and R-1C zones are now R-1, R-2 and R-3, etc. This is causing some confusion as to the actual rezonings being proposed and a further explanation would be beneficial. The Council asked that this be scheduled at 7:00 p.m. on March 15th. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of February 22nd, 1990, as written. Ayes - 5 - Nays - 0. FEB. 22, 1990 MINUTES AUDIENCE DISCN. CONSENT AGENDA ZOO LIQUOR LICENSE Mayor Branning asked if any one 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 Humphrey, seconded by Goodwin, tabling consideration of a policy on advancement of leave time and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a temporary on-sale liquor license for the Minnesota Zoo on April 6, 1990. Ayes - 5 - Nays ~ O. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1990 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving classification of the following tax forfeited lands as non-conservation: Lot 2, Block 2, Forest Park Estates 4th; Lots 3, 4 and 18, Block 1, and Lot 11, Block 2, Forest Point; Outlot A, Hamlet Manor Homes; Lot 1, Block 1, Hidden Ponds; Outlot B, Pinecrest 2nd; and Lot 8, Block 2, and Lots 1 to 8, Block 7, The Oaks of Apple Valley II, as recommended by the Dakota County Board. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, authorizing applying for acquisition of Outlot B, Pinecrest 2nd and Lots 7 and 8, Block 7, The Oaks of Apple Valley II, for future road access use. Ayes ~ 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, granting a setback variance to allow a temporary development sign on the property line of Outlot C, Hyland Points Shores, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-55 approving the final plat and development agreement for Apple Ponds 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal of an excavation permit for North Star Concrete on the Northeast Quarter of the Southwest Quarter of Section 26, subject to requirements of Dakota County Environmental Health Services. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, designating the old fixtures from Liquor Store No. 1 as surplus property and authorizing disposal by sale as recommended by the Liquor Manager. Ayes - 5 ~ Nays - 0. MOTION: of Humphrey, seconded by Goodwin, consenting to the assignment by Dick's Valley Service of the Vehicle Towing and Impounding Agreement for 1990-91 to AAA Auto Salvage, as a subcontractor, and authorizing the City Administrator to send a letter of acknowledgement. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-56 approving specifications for Park cab and chassis with dual rear wheels, 4x4 utility vehicle and window van and advertising for bids to be received at 2:00 p.m. on March 19, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-57 consenting to the appointment by the City Clerk of Marsha K. Moroni as Deputy City Clerk. Ayes - 5 - Nays - O. CLASSIFY TAX FORFEIT LANDS APPLY FOR TAX FORFEIT LANDS SIGN VARIANCE HYLAND POINTE RES. 1990-55 FINAL PLAT APPLE PONDS 2ND RENEW NORTH STAR EXCAVATION PERMIT SELL OLD LIQUOR STORE FIXTURES ASSIGNMENT OF TOWING CONTRACT RES.1990-56 TAKE BIDS PARK VEHICLES RES. 1990-57 MORONI DEP CLERK CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1990 Page 3 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-58 granting a special use permit for Bob's Plants to Go, Robert J. Velander, temporary garden store, at Menard's from April 1st to July 1st, 1990. Ayes - 5 - Nays - 0. RES. 1990-58 BOB'S PLANTS SPEGIAL USE ASST. TO ADMIN. CAR ALLOWANCE HIRE MARBEN & HOFSTAD POLICE OFFICERS INVEST. SEC. RECLASSIFICATION HIRE PARTTIME EMPLOYEES ECONOMIC DEV. AUTHORITY MEETG MOTION: of Humphrey, seconded by Goodwin, approving a car allowance of $200.00 per month for the Assistant to the Administrator effective March 1, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring Michael Marben, effective March 31, 1990, and Randy Hofstad, effective April 28, 1990, as fulltime Police Officers at starting monthly salaries of $2,708.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving reclassification of the Investigation Secretary position in the Police Department to Pay Level 2 in the Personnel Plan as recom- mended by the Personnel Director. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the various seasonal and parttime employees as listed in the Personnel Director's memo dated March 8, 1990. Ayes - 5 Nays - 0. END OF CONSENT AGENDA The Council recessed its regular meeting at 8:15 p.m. to conduct an Economic Development Authority meeting. The regular meeting recon- vened at 8:21 p.m. Mr. Gretz reviewed his memo dated March 2, 1990, concerning, instal- PUBLIC HEARING lation of a residential street lighting system in The Woods Additions. THE WOODS Alternate 1, with 12 mast arm lights, is recommended because it STREET LIGHTS would provide better lighting in the heavily wooded area. Mayor Branning called the public hearing on the street lights to order at 8:23 p.m. and noted receipt of the affidavit of publication of the hearing notice. He asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 8:24 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-59 ordering installation, by Dakota Electric Associ- ation, of street lighting in The Woods and The Woods 2nd Addition as proposed in Alternate 1 with 12 mast arm lights. Ayes - 5 - Nays - 0. RES. 1990-59 ORDER WOODS STREET LIGHTS Consideration of rezoning petitions for property at the northeast TABLED REZONINGS corner of Pilot Knob Road and County Road 38; the northwest corner of Cedar and 140th Street; and the west side of Cedar north of 138th Street were removed from the agenda at the beginning of the meeting. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1990 Page 4 Mr. Welsch reviewed the project summary dated March 1, 1990, concern- .ing rezoning and Comprehensive Plan amendments in the Hidden Ponds area. In this case, the changes recommended would conform to existing land uses on the property. HIDDEN PONDS LAND USES Councilmember Savanick asked if property south of 130th Street, now zoned multiple, was included in the study? Mr. Kelley said it was not because a plat has been approved for that site. Councilmember Humphrey questioned whether it is appropriate to havo Lot 1, Block 1, Hidden Ponds, designated multiple because it is adjacent to single family lots. Mr. Kelley said there is a distinct topographical change as well as a pond separating the usos. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 60 amending the land use map of the Comprehensive Plan by changing designations in the Hidden Ponds area from "MD" to "HD", "LD" and "SF", as recommended by the Planning Commis- sion, subject to approval by the Metropolitan Council. Ayes - 5 - Nays - O. RES. 1990-60 HIDDEN PONDS COMP. PLAN AMENDMENT MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 474 rezoning parts of Hidden Ponds, Hidden Ponds 2nd, Secluded Ponds and Cedar Knolls from "M-SC" to "M-SC", "M-7A", "R-5" and "R-3" as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 474 REZONE HIDDEN PONDS/CEDAR KNLS MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 475 amending City Code Sections 1-24 and B1-52 related to establishment of escrow accounts to recover City costs exceeding the amount collected as a permit or application fee. Ayes - 5 - Nays - O. ORDINANCE 475 ESCROW ACCOUNTS MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-61 setting a public hearing before the Planning Commission at 7:30 p.m. on April 4, 1990, to consider amending City Code Section A1-77 related to establishment of escrow accounts related to costs of processing development petitions. Ayes - 5 - Nays - 0. RES. 1990-61 ESCROW ACCOUNTS P,G. HEARING Mr. Welsch reviewed his memo dated March 5, 1990, concerning revi- EXCAVATION sions to excavation permit regulations. It would generally bring PERMIT REGS. this section of the Code into consistency with the new sand and gravel mining portion of the zoning ordinance. It also includes a provision that as a permit is applied for to open a new excavation area, the same number of acres would be closed down in the existing operation. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 476 amending City Code Sections 6-20 through 6-25 by adding new language consistent with Section A1-48, the sand and gravel district mining requirements. Ayes - 5 - Nays - 0. ORDINANCE 476 EXCAVATION PERMIT REGS. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 1990 Page 5 Mr. Melena reviewed and distributed copies of the unaudited 1989 Liquor Fund financial statements for the Council's information. LIQUOR FUND 89 FINANCES Mr. Melena distributed a memo dated March 7, 1990, to the Council LEGISLATIVE concerning budgetary effects of pending legislation. Due to the BUDGET IMPACTS potential for substantial revenue reductions for cities by the legislature, he said it may be necessary to implement a hiring freeze on fulltime employees as well as defer major purchases until after June 1, 1990. Changes in comparable worth legislation also mean the City will proceed cautiously on union negotiations. Ms. Boland reported on the status of the AFSCME Public Works negoti- ations. They met with the mediator yesterday and the union was scheduled to vote on the latest offer. AFSCME NEGOTIATIONS CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to pay the claims and bills, checks numbered 69753, 74719 through 74798, 74813 through 74869, 75059 through 75140, 75142 through 75150, 75152 through 75211 and 75213, in the total amount of $4,562,029.58. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:20 o'clock p.m.