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HomeMy WebLinkAbout04/08/1993CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 8th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Councilmembers Erickson, Goodwin, and Sterling. ABSENT: Councilmember Humphrey. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Dougherty, City Engineer Cordon, Personnel Director Eoland, Assistant Finance Director Eklund, Police Captain Erickson, City Planner Kelley, Assistant Public Works Director Miranowski, Recreation Supervisor Quale, Police Chief Rivers, Assistant City Administrator Weldon and Community Development Director Welsch. 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 Erickson, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA MAR. 25, 1993 MINUTES 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 pre- sent to speak. MOTION: of Sterling, seconded by Erickson, removing Cedar Knolls HRA Family Housing final plat approval from the agenda, as requested by the petitioner, and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Erickson, approving the minutes of the regular meeting of March 25th, 1993, as written. Ayes - 4 - Nays ~ 0. MOTION: of Sterling, seconded by Erickson, approving issuance of a temporary on-sale liquor license to the Minnesota Zoological Garden by the Minnesota Department of Public Safety, Liquor Control Division, for an after-hours event on April 25, 1993. Ayes - 4 - Nays - 0. ZOO TEMPORARY LIQUOR LICENSE RES. 1993-71 AWARD CONTRACT PROJ. 92-398C MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-71 awarding the contract for Project 92-398C, Police Facility Grading, Parking Lot and Utility Improvements, to Gartzke Construction, the low bidder, in the amount of $139,119.00. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1993 Page 2 MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-72 reauthorizing the final plat of Cobblestones 3rd Addition (replat part of Cobblestones II), waiving the requirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-73 approving the final plat and subdivision agreement for Timberwick Tenth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays ~ 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-74 approving a subdivision grading permit for Highpoint, from April 15 to May 15, 1993, as recommended by the City Engineer. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, tabling consideration of the Palomino Drive/County Road 11 intersection realignment until April 22, 1993. Ayes - 4 ~ Nays - 0. MOTION: of Sterling, seconded by Erickson, tabling consideration of an amendment to delete the "hotel first" requirement in Planned Development No. 144 (Apple Valley Development Partnership/Hunters Wood) until April 22, 1993. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, adopting Resolution NO. 1993-75 accepting, with thanks, the donation of football instructional video tapes (valued at $199.50) from Midwest Coca-Cola Bottling Company for use the Parks and Recreation Department. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, approving use of the following neighborhood parks for youth athletic programs during 1993: Dslaney, Duchess, Faith, Fred J. Largen, Galaxie, Greening, Greenleaf, Hagemeister, Huntington, Longridge, Moeller, Redwood South, Tintah, and Wildwood: as requested in ths Recreation Supervisors memo dated April 1, 1993. Ayes ~ 4 - Nays - O. MOTION: of Sterling, seconded by Erickson, approving hiring the seasonal employees as listed in the Personnel Report dated April 8, 1993. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Weldon said the construction manager has reviewed the bids re- ceived April 2, 1993, for Bid Package No. 2 of the new Police Facility RES. 1993-72 FINAL PLAT COBBLESTONES 3 RES. 1993-73 FINAL PLAT TIMBERWICK 10 RES. 1993-74 GRADING PERMIT HIGHPOINT TABLE PALOMINO CR 11 INTERSEC TABLE P.D. 144 HUNTERS AMENDMENT RES. 1993-75 MIDWEST BOTTLG DONATION 1993 NEIGHBOR- HOOD PARK USAGE HIRE SEASONAL EMPLOYEES POLICE STN. BID PACKAGE CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1993 Page 3 construction. Five major contracts are recommended for award at this time. The remaining contracts will be brought to the Council for consideration at its meeting of April 22, 1993. John Bossardt, the Construction Manager, reviewed each of the recommendations included in his analysis dated April 7, 1993. Thus far, the bids are under the budget and further alternates can be considered. Mayor Branning asked for separate discussion of alternates before considering those on April 22, 1993. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1993-76 awarding contracts for portions of Police Facility Bid Package No. 2, to the respective low bidders, as follows: 02200 Earthwork, Glen Rehbein Excavation, Inc., $26,709.00; 02520 Concrete Paving, Hollenbaek & Nelson, Inc., $30,000.00; 03310 Concrete, Northland Concrete & Masonry Company, $79,000.00; 04200 Unit Masonry, Hollenback & Nelson, Inc., $387,490.00; and 16000 Electrical, Ridgedale Electric, Inc., $205,000.00; and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. RES. 1993-76 AWARD GONTRAGTS POLICE STN BID PACKAGE 2 Wilt Anderson, 5441 West 134th Street, said he looked and the building plans and noticed there is only one lavatory on the second floor. Since the project is under budget, he recommended considering adding a second lavatory. The Mayor said this will be taken under advisement. Mr. Melena said the second reading of an ordinance amending conditions PERSONS IN under which persons are permitted in liquor license premises after LIQ. PREMISES business hours was scheduled for this meeting. However, Councilmember AFTER HOURS Humphrey requested it be tabled until he can be present. Gouncilmember Goodwin said certain of the licensees would like to have the section allowing employees to enter the premises at 4:00 a.m. passed as soon as possible because it is hindering their ability to complete cleaning. He asked that this section, only, be considered. MOTION: of Goodwin, seconded by Eriekson, accepting the second reading and passing Ordinance No. 553 amending only the portion of City Code Section 3-46(b)(7) changing the starting time during which persons are permitted in licensed liquor establishments from 5:00 a.m. to 4:00 a.m. ORDINANCE 553 SECOND READING & AMEND LIQUOR HOURS SECTION Mayor Branning said a Councilmember has requested delaying action on the entire ordinance and he believes such request should be honored and no action taken tonight. Councilmember Erickson said he does not see a problem with this portion of the proposed ordinance. In the future, he would appreciate knowing the rationale for a tabling request. Vote was taken on the motion. Ayes - 3 - Nays ~ 1 (Branning). CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1993 Page 4 MOTION: of Goodwin, seconded by Sterling, tabling the second reading, until April 22, 1993, of the balance of the proposed ordinance amending City Gode Section 3-46(b)(7) concerning customers in licensed liquor establishments during non-business hours and a permit system to allow certain maintenance or remodeling during the 2:00 a.m. to 4:00 a.m. closing period. Ayes - 4 - Nays - 0. TABLE SECOND READING OF PART OF LIQUOR HRS, ORDINANCE Mr. Melena reviewed the memo dated March 27, 1993, concerning the request of Patsy Meserow, 393 Walnut Lane, for an interpretation of whether a pot-bellied pig would be classified as a housepet. HOUSEPET DEFINITION MOTION: of Goodwin, seconded by Sterling, referring the question of whether a pot-bellied pig is included in the definition of "housepets", under in City Code Section A1-30(c)(8), to the Urban Affairs Committee. Ayes - 4 - Nays - 0. REFER HOUSEPET DEFINITION TO URBAN AFFAIRS The Council received the City Attorney's memo dated April 5, 1993, SLS/EATON PARK containing SLS Partnership's (Eaton's Mobile Home Park) Petition to SUPREME COURT the Minnesota Supreme Court for review of the Court of Appeal's de- PETITION cision. It concerns enforcement of City ordinances and setbacks on mobile homes located in the park. A response will be filed by April 21, 1993. The Council received a letter from Thomas Creighton dated April 1, STAR CABLE 1993, advising of negotiations by Star Cablevision to sell its system~ NEGOTIATIONS Mr. Creighton represented the City in previous franchise negotiations and submitted the information' to advise the City of its rights should a sale occur. Mr. Melena distributed notes from a meeting held in Richfield on April HIGH SPEED BUS 7, 1993, to discuss a High Speed Bus Rapid Transit System. Dakota RAPID TRANSIT County is in favor of the option since it could be implemented almost immediately. It would not preclude adding future light rail transit on which construction is not proposed to begin until 1998. Mayor Branning said if the buses are utilized on more than just the 1-35W corridor, he would support it. MOTION: of Goodwin, seconded by Sterling, referring review of the DISC. GARRETT Garrett Avenue alignment, between County Road 42 and 153rd ALIGNMENT Street, for discussion at the Council's informal meeting on April 15, 1993. Ayes - 4 - Nays - 0. Councilmember Ericksou asked that information provided by the traffic consultant on the Southport Centre site be available at the April 15th meeting. MOTION: of Sterling, seconded by Goodwin, referring review of the median on 153rd Street at its intersection with the South- port/Cub Foods entrances for discussion at the Council's informal meeting on April 15, 1993. Ayes - 4 - Nays - O. DISCUSS 153RD STREET MEDIAN CITY OF APPLE VALLEY Dakota County, Minnesota April 8, 1993 Page 5 MOTION: of Erickson, seconded by Goodwin, to close the meeting, under the provisions of the attorney client exception to the open meeting law, M.S. 471.705, to discuss police internal affairs investigative data. Ayes - 4 - Nays - 0. CLOSE MEETING The meeting was closed at 8:43 p.m. and the Council convened in the Conference Room along with City Attorney Dougherty, City Administrator Melena, Personnel Director Boland, Police Chief Rivers and Attorney William Everett. The Council reconvened in open session at 9:00 p.m. in the Council Chambers at which time the City Attorney restated that the purpose of the closed session was to discuss private police internal affairs investigative data. Councilmember Erickson commented on water supply problems in the City of Milwaukee caused by some type of parasite in the system. He asked Staff to report on what happened and what should be done to prevent it from happening here. Mr. Melena said a report would be prepared. MILWAUKEE WATER PROBLEMS Mayor Branning commented on House File 1675, introduced April 6th, METRO COUNTY which would, in effect, eliminate the county structure of government LEGISLATION in the seven-county metro area. It would require the Metropolitan Council to perform all duties mandated by state law on counties. If this legislation progresses, the City may need to look at taking back functions it has given over to the County, such as the HRA and Board of Review Mayor Branning reminded the Council that the Dakota County Citizens Forum is hosting a community forum on the Orfield Community Stabilization Act on April 9, 1993, at 7:30 a.m., in the Library Meeting Room. MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check register dated March 31, 1993, in the amount of $4,335,009.53; and April 7, 1993, in the amount of $674,754.53. Ayes - 4 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:14 o'clock p,m.