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HomeMy WebLinkAbout05/13/1993CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 13th, 1993, 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 Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Per- sonnel Director Boland, Police Captain Cook, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Public Works Director Miranowski, Police Chief Rivers and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:00 p.m. The Gouncilmembers 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 - 5 - Nays - 0. APPROVE AGEND~ Merrily Tipler, Coordinator, and Jan Smith, Event Co-Chair, of the RING-AROUND Ring-Around-The-Arts Festival, updated the Council on plans for the THE-ARTS event. It will be held June 19, 1993, from 10:00 a.m. to 7:00 p.m. UPDATE and includes professional artists, performers,'stage acts and a band. Promotional posters are being printed now and will be distributed in the area. Mayor Branning asked if anyone was present to address the Council at this time on any ~item not on this meeting's agenda. AUDIENCE DISC. Jack Wilson, 965 Redwood Drive, asked for assistance in getting per- GAR SHOW mission to place signs for a Corvette Club car show on June 26, 1993. SIGNAGE He was advised by Staff that such temporary signs are not allowed on the ring route. The show will be at Apple Place Bowl and they would like temporary signs from 10:00 a.m. to 11:00 p.m. advertising the show. The Mayor asked Staff to review the request and report back to the Council for its meeting of May 27, 1993. Gouncilmember Sterling noted that June 26th is also the final day of the solar- powered car race which ends at the Zoo. It is anticipated that a lot of car enthusiasts will be in town for the finish. Denise Louis, 893 Golding Lane, and Cozette O'Neill, 901 Golding Lane, asked the Council to reconsider authorization to use Greening Park for organized soccer games. If games must be played there, they asked that it be the last park scheduled. VAAUSE OF GREENING PAR}% Councilmember Goodwin said last year VAA was able to find enough space for games, but this year they are out of fields. Until more fields are developed, the choices are either use neighborhood parks or limit the number of children who can participate. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Page 2 Mayor Branning asked Staff to work with VAA to see what can be done about scheduling. Jeff Krause, of VAA, was present and said they would do so. Mazy Flynn, 914 Cortland Drive, said she lives near the park and her family e~Ooys the activities occurring and is in favor of it continuing. MOTION: of Goodwin, seconded by Sterling, moving the excavation permit for Northwestern Aggregates and ALF Ambulance items, to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA APR. 22, 1993 MINUTES CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of April 22nd, 1993, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-95 accepting, with thanks, the donation of $75.00 from First Bank for the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. RES.' 1993-95 D.A.R.E. DONATION MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-96 accepting, with thanks, the donation of $200.00 from Bonestroo, Rosene, Anderlik & Associates, Inc., for the Parks and Recreation Department. Ayes - 5 - Nays - O. RES. BRA PARKS DONATION 1SD 196 POLICE/D. A. R. E. AGREEMENT kES. 1993~97 CEDAR KNOLLS POLICE PROJECT GRANT JULY 4TH BINGO AM. LEGION AUXILIARY MOTION: of Goodwin, seconded by Sterling, approving the D.A.R.E. and Police Liaison Services Agreement with Independent School District No. 196, providing for payment to the City of $44,200.00 for the 1993-1994 school year, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-97 approving a cooperative agreement with the Office of Drug Policy, in the Minnesota Department of Public Safety, for the Cedar Knolls Community Oriented Policing Project, to provide a grant of $12,000 with $4,200 of local matching funds, and authorizing Police Captain Cook to execute necessary documents for the project. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving the Minnesota Lawful Gambling Application for Authorization to Conduct Excluded Bingo by Apple Valley American Legion Auxiliary Unit 1776 on July 4, 1993, at Apple Valley Community Center. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Ooodwin, seconded by Sterling, approving the issuance of temporary on-sale 3.2 beer licenses, at Eastview Athletic Complex, to American Legion Post 1776, on May 21 and 22, 1993; and to Midwest Sport Events, Inc., on June 5 & 6 and 12 & 13, 1993; July 10 & 11, 1993; and August 21 & 22, 1993 (with July 17 & 18 and August 28 & 29 as rainout alternate dates). Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, receiving notice of the change of corporate officers of Pizza Huts of the Northwest, Inc., as required in connection with its on-sale beer license. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, receiving notice of the City of Farmington's proposed petition to the Minnesota Municipal Board for annexation of portions of Empire and Castle Rock Townships. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, approving a special use permit for temporary seafood sales by Fabian Seafood, at George's Market parking lot, 220 County Road 42, from April 1, 1993, through March 31, 1994. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, receiving the final published copy of Ordinance No. 554 amending portions of City Code Section 3-46(b)(7) regulating persons in licensed liquor establishments after permissible time for sales expires. Ayes - 5 ~ Nays - 0. of Goodwin, seconded by Sterling, receiving the City's response on SLS Partnership's petition for review of the Court of Appeals decision regarding Eaton Mobile Home Park and notice of the Supreme Court's acceptance of the review on April 29, 1993. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1993-98 approving the specifications for a standby diesel generator set and installation for the Water Treatment Plant and Well No. 6 and authorizing advertising for bids on June 8, 1993, at 2:00 p.m. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, approving Change Order No. 1 to the contract with CECA Utilities for Project 92-403, Gardenview Place Utility Improvements, in the amount of an additional $23,361.92. Ayes - 5 - Nays - 0. of Goodwin, seconded by Sterling, adopting Resolution No. 1993-99 appointing Personnel Director Lynn Boland as the City's Alternate Commissioner and serve on the Technical Work Group of the Minnesota Valley Transit Authority. Ayes ~ 5 - Nays - 0. EASTVIEW TEMPORARY BEER LICENSES PIZZA HUT CHANGE OF OFFICERS FARMINGTON ~aNNEXATION PETITION FABIAN SEAFOOD ~PECIAL USE ORDINANCE 554 P, ECEIVE FINAL COPY SLS/EATON PARK SUPREME ~OURT REVIEW RES. 1993-98 TAKE BIDS .%~TP GENERATOR CHANGE ORDER 1 PROJ. 92-403 RES. 1993-99 MVTA~LTERNATE ~OMMISSIONER CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Page 4 MOTION: of Goodwin, seconded by Sterling, receiving notice of the Arbitrator's award, on May 6, 1993, upholding the City's <~!o)~!issal of Police Officer Charles Bengston on April 6, 1992. Ayes - 5 - Nays - 0. BENGSTON ARBITRATION AWARD HIRE HANSON BLDG. OFFICIAL HIRE SF~SON~L EMPLOYEES MOTION: MOTION: of Goodwin, seconded by Sterling, approving hiring Steven T~ Hanson for the fulltime position of Building Official, at a star~ !nC annual salary of $45,200, effective May 24, 1993. Ayes - 5 - Nays - O. of Goodwin, seconded by Sterling, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated May 13, 1993. Ayes - 5 - Nays - O. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Humphrey, referring the application of Model Stone CompAny/Northwestern Aggregates for a 1993 sand and gravel excavation permit to the City Attorney for review and preparation of a resolution of approval. Ayes - 5 - Nays - O. REFER MODEL STONE EXCffgATE PERMIT TO ATTORNEY The Council received a memo from the City Attorney's office dated May 13, 1993, concerning proposed amendments to the A.L.F. Ambulance Joint Powers Agreement. Mr. Sheldon said, after review of the pro- posed amendments, additional changes and clarifications are recommended Agreement. He asked that the amendments be referred back to the A.L.F. further consideration. A.L.F. JOINT POWERS AMEND, to the Board for TABLE A.L.F. AMENDMENTS A.L.F. 1994 BUDGET MOTION: of Goodwin, seconded by Humphrey, tabling consideration of proposed amendments to the A.L.F. Ambulance Joint Powers Agreement for further review by its Board. Ayes - 5 - Nays * O. MOTION: of Humphrey, seconded by Goodwin, approving A.L.F. Ambulance's proposed 1994 budget with total expenses of $887,691 and a per capita subsidy by the cities of $.50. Ayes - 5 - Nays - O. Mayor Branning called the public hearing to order at 8:31 p.m. to PUBLIC HEARING consider on-sale wine and beer licenses for Oscars Pizza Classics OSCARS PIZZA restaurant and noted receipt of the affidavit of publication of the LICENSES hearing notice. Mr. Melena reviewed the Police report on the applica- of The Carpenter's Apprentice, Inc., for the licenses at 7634 West 150th Street. Peter Koelz, the owner, and Todd Eastgate, a manager, were present. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:32 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Page 5 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-100 approving issuance of on-sale wine and beer licenses to The Carpenter's Apprentice, Inc., d/b/a Oscars Pizza Classics, at 7634 West 150th Street, effective May 14, 1993, subject to approval by the Minnesota Gommissioner of Public Safety. Ayes - 5 - Nays - 0. RES. 1993-100' OSCARS PIZZA WINE & BEER Ellen DeVries, 13780 Duluth Drive, presented a petition from The 138TH & DULUTH Oaks and Summerfield neighborhoods requesting some type of traffic TRAFFIC control on Duluth Drive. Their concerns result from an increased PETITION number of cars on the street and the speed of traffic. They suggested a stop sign at 138th and Duluth, roadside plantings and a pathway along the park, reduced speed limit, local traffic only signs and additional police patrol during morning and evening hours. Michael Philipp, 4884 West 138th 8treet, said they are concerned about safety in the neighborhood. He understands the City is taking traffic studies in the area and they would be interested in the results. Mayor Branning read the memo dated May 11, 1993, from the Assistant Public Works Director describing traffic counts being conducted in five areas of the City this week. The data will be compiled and referred to the traffic consultant, Glen VanWormer, for analysis. MOTION: of Humphrey, seconded by Sterling, accepting the Public Works Department recommendation to have Glen VanWormer, of SEH Consulting Engineers, analyze and prepare traffic studies: on Whitney Drive, between Cedar and Gardenview; and on Gardenview, between Walnut and 140th; and the intersections of 137th and 140th, 138th and Duluth, and 128th and Diamond Path. TRAFFIC CONSULTANT STUDIES Councilmember Erickson said there appears to be an urgency in the 138th and Duluth Drive area and he asked that this area be done first and a report made at the May 27th meeting. Vote was taken on the motion. Ayes ~ 5 - Nays - 0. The Council received a letter dated April 27, 1993, from Bossardt POLICE Corporation containing a listing of local project experience of the FACILITY contractors awarded contracts for the new Police Facility construction CONTRACTORS at the April 22, 1993, meeting. Mr. Melena reviewed the list of recom- mended alternates for Council action, as contained in Ms. Boland's memo dated May 10, t993. He noted that approval of these alternates will not take the project over budget. MOTION: of Humphrey, seconded by Goodwin, approving Alternates to the Police Facility construction contracts, as listed in Ms. Boland's memo dated May 10, 1993, as follows: No. 10, POLICE FACILITY ALTERNATES CITY OF APPLE VALLEY Dakota County, Minnesota M~y 13, 1993 PaNe ~ polics lockers, add $12,870; No. 11, detention lockers, deduct $1,439; No. 12, counter shutter, add $2,779; No. 14, Dwy~: kitchen unit, add $2,779; No. 15, electric strikes, add $~,613; No. 17, sound monitoring, add $15,000; No. 19, 60 mil. roof, add $1,500; No. 22 roof equipment, deduct $44,230; and No. 23, prefab roof equipment, add $34,100. Ayes ~ 5 - Nays - 0. MOTION: of Ntlmphrey, seconded by Goodwin, approving the Property Transfer Agreement and Amendment to Replacement Agreement to Joint Powers Agreement with Dakota County related to the site west of Galaxie Avenue, between 147th Street and County Road 42, concerning construction, parking and maintenance responsibilities and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. GOVERNMENT CENTER/POLICE SITE AGREEMENT MOTION: of Humphrey, seconded by Sterling, approving the Consulting Engineer Agreement with John R. DuBois for designing and specifying, at a cost not to exceed $12,000, radio com- munications equipment for the new Police Facility and authorizing the Mayor and Clerk to sign the same. DuBOIS RADIO CONSULTANT AGREEMENT Councilmember Goodwin expressed frustration that implementation of central dispatch services has not proceeded in Dakota County. Mayor Branning asked him, Police Chief Rivers and the City Administrator to discuss its status with Dakota County in the next six weeks and report back. Vote was taken on the motion. Ayes - 5 - Nays ~ 0. Mr. Kelley reviewed the Planning Commission report on the request for a Comprehensive Plan amendment and rezoning to allow general business use at the southeast corner of 146th Street and Pennock Avenue. Tom Baker, representing the petitioner, was present. The request does not include a specific development proposal. 146TH ST. & PENNOCK LAND USE COMP. PLAN AMENDMENT FROM "RB" TO "CB" MOTION: of Goodwin, seconded by Erickson, approving an amendment to the Comprehensive Plan Land Use Guide Plan Map changing the designation of Lot 1, Block 1, Valley Commercial Park 2nd Addition from retail business to general business, as recommended by the Planning Commission. Councilmember Humphrey expressed concern that the change to general business on this lot would exclude professional office uses which already exist on lots just north of it. He also noted that loading docks, shown on a draft site plan, would be visible from 147th Street. Mayor Branning expressed concern that this appears to be spot zoning and loading docks on this type of site, with streets on three sides, cannot be adequately screened. Later in the meeting, a date to discuss downtown development will be set and he suggested this request be tabled until after that time. CITY OF APPLE Dakota County, Minnesota May 13, 1993 Page 7 MOTION: of Branning, seconded by Humphrey, tabling consideration of the foregoing Gomprehensive Plan amendment until June 17, 1993. Ayes - 5 - Nays - O. TABLE COMP~ PLAN AMENDMENT Mr. Welseh noted this is the second reading of a proposed ordinance amending Article IV of Chapter 6 of th~ City Code, Sign Regulations, as contained in Mr. Kelley's memo dated May 13, 1993. As directed, requests for variances to sign size were reviewed and only a few were received in the past couple of years. SIGN ORDINANCE AMENDMENT SECOND READING MOTION: of Humphrey, seconded by Erickson, accepting the second reading and passing Ordinance No. 555 amending portions of Article IV of Chapter 6 of the City Code, Sign Regulations, to allow substitution of a second ground sign for all building signs in limited business zones and reorganizing the tables of sign standards within the chapter. Ayes - 5 Nays - 0. ORDINANCE 555 AMEND SIGN RE.GTrLATIONS The Council received Ms. McMonigal's memo dated May 10, 1993, concern- MET COUNCIL ing the Metropolitan Council's "Options for Change" discussion paper MDIF OPTIONS on the Metropolitan Development and Investment Framework. Mayor FOR CHANGE Branning expressed concern that options the Metropolitan Council presents have underlying impacts which are not being expressed. Mr. Welsch noted this is part of au ongoing study whereby the Met Council hopes to adopt a new framework by the end of 1993 and present recommendations to the Legislature in the 1994 session. Dakota County has also responded on these issues on behalf of all cities in the area. MOTION: of Humphrey, seconded by Sterling, accepting comments on "Options for Change: Metropolitan Development and Investment Framework" and directing their submittal to the Metropolitan Council along with comments prepared by Dakota County. Ayes - 5 - Nays - 0. SUBMIT Md)IF OPTIONS COMMENTS TO MET COUNCIL MOTION: of Goodwin, seconded by Erickson, authorizing soliciting quotations and proposals to select a consultant to conduct study of computerization needs for the City as described in the Finance Director's memo dated May 10, 1993. Ayes - 5 Nays - 0. COMPUTER NEEDS CONSULTANT Reid Hanson, representing owners of the Carroll property, located be- CARROLL CENTER tween Cedar and Galaxie Avenues and 155th and 157th Streets, asked ADDITION the Council to consider approval of the final plat. Because the County is now requesting additional right-of-way along Gedar Avenue, they will only be platting the eastern portion of the property, between Garrett and Galaxie, at this time. Centex Homes is acquiring this portion and is ready to proceed with development. Mr. Kelley said the agreement, exhibit and power of attorney have been signed and he has the copies. CITY OF APPLE VALLEY Dakota County, Minnesota May 13, 1993 Page 8 MO..£O~: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-101 approving the final plat and subdivision agreement ~!o:c C~ii'coll Center Addition and authorizing the Mayor and ~J~l.~rk to sign the same. Ayes - 5 - Nays - O. RES. 1993-101 CARROLL CENTER FINAL PLAT MOTION: of Erickson, seconded by Humphrey, canceling the informal meeting of May 20, 1993. Ayes - 5 - Nays - 0. GANCEL MAY 20 MEETING MOTION: of Humphrey, seconded by Sterling, canceling the informal maet:ing with the Planning Commission on June 2, 1993, and setting an informal meeting at 5:00 p.m. on June 2, 1993, at Redwood Community Center, to discuss Downtown development and goals. Ayes - 5 - Nays - 0. SET INFORMAL DOWNTOWN DEV. MEETING MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, check register dated April 28, 1993, in the amount of $796,773.51; May 6, 1993, in ths amount of $6,225,046.15; and May 12, 1993, in the amount of $5,153,155.82. Ayes - 5 - Nays - 0. ~LAIMS ~ EILLS MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.