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HomeMy WebLinkAbout07/08/1993CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 8th, 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: Acting City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Cook, City Planner Kelley, Associate Planner McMonigal, Lead Dispatcher Nelson, Police Chief Rivers and Community Development Director Welsch. Mayor Brarming 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 Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA AUDIENCE DISC. 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 present to speak. MOTION: of Humphrey, seconded by Goodwin, moving consideration of Police Dispatch recording system and disposition of property at northwest corner of County Roads 38 and 11 to the regular agenda, adding approval of temporary on-sale liquor licenses for the Zoo to the consent agenda, and approving all items on the consent agenda. Ayes ~ 5 - Nays - 0. CONSENT AGENDA MOTION: CONSENT AGENDA ITEMS of Humphrey, seeonded by Goodwin, approving the minutes of the regular meeting of June 17th, 1993, as written. Ayes - 5 - Nays - 0. JUNE 17, 1993 MINUTES JUNE 24, 1993 MINUTES RES. 1993~140 FIRE DEPT. DONATION -' MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of June 24th, 1993, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-140 accepting, with thanks, the donation of a 1981 Pontiac from Mr. & Mrs. Raymond T. Holm, Jr. to the Fire Department for training purposes. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving issuance of a party permit t6 Lois Anderson, for Anderson Diesel Truck Service, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5-3(g)(1), valid on July 25, 1993, only. Ayes - 5 - Nays - 0. ALIMAGNET PARTY PERMIT CITY OF APPLE VALLEY Dakota Coumty, Minnesota July S, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-141 awarding the contract for purchase of a Three- Position Dispatch Console, for the Police Facility, to Modular Communications Systems, the low bidder, in the total amount of $130,537.80. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-142 approving specifications for the Card Access Door Control System and Closed Circuit TV System, for the new Police Facility, and authorizing advertising for receipt of bids at 2:00 p.m., on August 3, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, tabling consideration of Whitney Plaza fence and trash enclosure issues, as described in Mr. Hickok's memo dated July 2, 1993, until July 22nd, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving the Animal Impound and Boarding Services Agreement with Cedar View Animal Hospital, Ltd., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, granting setback variances to allow construction of a new house to within 20 feet of the front lot line and 30 feet of the rear lbt line on Lot 8, Block 1, Royal Oak Estates, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving issuance of an excavation permit for regrading the rear yard on Lot 4, Block 1, Palomino Hills 2nd Addition (119 Sabra Court). Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-143 receiving the preliminary engineering report on Project 93-399, Cherry Oaks 2nd Addition Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on August 19, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993~144 directing the City Engineer to prepare plans and specifications for. Project 93-399, Cherry Oaks 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-145 requesting the Minnesota Commissioner of Transportation 'to review speed limits on Garden View Drive, between County Road 42 and Palomino Drive and extend the 30 mph speed limit north to 143rd Street and reduce the 45 mph limit to 40 mph. Ayes - 5 - Nays - 0. RES. 1993-142 AWARD DISPATCi~ CONSOLE RES. 1993-147 TAKE BIDS CA,:: ACCESS & CCq~i TABLE WHITNEY' PLAZA FENCE SCREENING. CEDAR VIEW ANIMAL SERV. AGREEMENT SETBACK VARIANCE ROYAL OARS FD~CAVATION PERMIT PAL. HILLS 2ND . RES. 1993-1~3 SET HEARING PROJ, 93-399 .... RES. 1993-144 PLANS & SPECS. PROJ, 93-399 RES. 1993-145 GARDEN VIEW DR CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1993 Page 3 MOTION: of Humphrey, seconded by Goodwin, accepting the Department of Natural Resources 1993 Oak Wilt Supression Grant, in the amount of $35,000, and authorizing the Mayor and Clerk to sign the contract documents. Ayes - 5 ~ Nays - 0. 1993 DNR OAK WILT GRANT HRAA.V. FAMILY HOUSING REIMBURSEMENT MOTION: of Humphrey, seconded by Goodwin, authorizing reimbursement of $40,000 of City development charges to the Dakota County HRA for development of it Apple Valley Family Housing Development (Cedar Knolls Townhomes), as described in Ms. McMonigal's memo dated July 8, 1993. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving the promotion of Jon Getting to the position of Parks Technical Specialist effective July 9, 1993, as described in the Personnel Report dated July 8, 1993. Ayes - 5 - Nays - 0. GETTING ~ROMOTION MOTION: of Humphrey, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated July 8, 1993. Ayes - 5 - Nays - 0. HIRE SEASONAL ~MPLOYEES MOTION: of Humphrey, seconded by Goodwin, approving issuance of temporary on-sale liquor licenses to the Minnesota Zoological Garden, for use during after-hours functions, on July 18, 25 & 26, 30 and August 1; August 8, 13 & 15, 17, 20 to 22 and 29, 1993; and September 5, 1993; by the Minnesota Department of Public Safety, Liquor Control Division. Ayes - 5 - Nays - 0. ZOO TEMPORARY ON-SALE LIQ. LICENSES END OF CONSENT AGENDA Police Captain Cook reviewed his memo, dated July 1, 1993, recommend- POLICE AUDIO ing award of the contract for a Dispatch Audio Recording System, for RECORDING the new Police Facility, to Magnasync/Gomverse, the only bidder meet-' SYSTEM ing specifications. Kim Griffiths, representing Dictaphone Corporation, was present and stated she believed the specifications were unfair and written to require proprietary equipment. She commented on the cost effectiveness of the Dictaphone system. Councilmember Erickson asked Ms. Griffiths if Dictaphone knew its equipment did not meet the specifications before submitting its bid? She said it did. John DuBois, the City's communications consultant, reviewed the committee/user process used to develop the specifications requiring state-of-the-art technology~' in the equipment; that is a microprocessor based digital recording system with hard disk archiving. Dictaphone uses a plastic magnetic tape as the recording medium which is non-compliant. The compliant bid was well within the budget. Mayor Branning asked if the specifications were written so more than one bidder could comply? Mr. DuBois said yes they could if they chose to build this type of system. The technology itself is not proprietary. CITY OF APPLE VALLEY Dakota County, Minnesota 0uly 8, 1993 Page 4 The Mayor expressed concern that only one bid was received complying with the specifications. Councilmember Erickson said he understands the advantages of the system specified and the bidder should not be penalized because it is the only manufacturer at this time. Mr. Sheldon said the bid law is set up for the benefit of the City, not bidders. A specific system has been requested in the specifications. The fact that only one complying bid was received is immaterial. The appropriate procedures were ~ followed in the bid process. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1993-146 awarding the contract for purchase of a Dispatch Audio Recording System, for the Police Facility, to Magnasync/Comverse Corporation, the low bidder meeting specifications, in the total amount of $36,594.00. Ayes - 4 - Nays - 0 (Sterling Abstainad). RES. 1993-14~ AWARD AUDIO RECORDING SYSTEM Mr. Gretz reviewed the letter dated June 11, 1993, from the Burnsville DETACHMENT/ City Attorney requesting the City to consider annexing the property at ANNEXATION NW the northwest corner of County Roads 38 and 11 to Burnsville. The C.R. 38 & 11. site is a small triangle left when the new intersection was constructed. It was acquired by Mn/DOT and Dakota County as part of the right-of-way and is now excess property~ Gary Fuchs, Burnsville Assistant City Attorney, was p~esent and said Cooperative Powe~ owns 23 acres in that quadrant on which a three-acre substation is located. Burnsville is purchasing part of the property and Cooperative Power asked for assistance in acquiring the triangle. It intends to combine it with the remainder of the property and plat the area. MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1993-147 approving concurrent detachment by Apple Valley and annexation by Burnsville of property in Section 20, on the northwest corner of the intersection of County Roads 38 and 11, subject to approval of the Minnesota Municipal Board and pa~qnent of associated costs by Burnsville and/or Cooperative Power Association. Ayes - 5 - Nays - 0. RES. 1993-147- DETACH/ANNEX NW CORNER C.R. 38 & 11 Mayor Branning called the public hearing to order at 8:50 p.m. to PUBLIC HEARINC consider Project 93-408, The Woodwinds Utility and Street Improve- PROJ. 93-408._ ments, and noted receipt of the affidavit of publication of the hearing notice. Mr. Cordon reviewed the preliminary engineering report dated June 10, 1993, and said this is the Schwanz property, being developed by Lundgren Bros. Construction, at the northeast corner of 140th Street and Pilot Knob Road. The Mayor asked for questions or comments from the Council and the audience. Wilton Anderson, 5441 W~st 134th Street, asked what ~ype of housing will be developed on the site? Brian Olson, rapresenting the developer, was present and said it will be detached single family houses. There were no other questions or comments and the hearing was declared closed at 8:58 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1993 Page 5 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-148 ordering installation of Project 93-408, The Woodwinds Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1993-148 ORDER PROJ. 93-408 RES. 1993-149 TAKE BIDS PROJ. 93-408 RES. 1993-!50 FINAL PLAT WOODWINDS 1ST MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-149 approving plans and specifications for Project 93- 408, The Woodwinds 1st Addition Utility and Street Improvements, and authorizing advertising for receipt of bids at 2:00 p.m. on August 5, 1993. Ayes ~ 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-150 approving the final plat and subdivision agreement for The Woodwind~ 1st Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-151 authorizing the City Attorney to negotiate for acquisition of property for construction of improved access to Pilot Knob Road from The Woodwinds and use the power of eminent domain, if necessary, for such acquisition. Ayes - 5 - Nays - 0. RES. 1993-151 ACQUIRE ACCESS THE WOODWINDS/ PILOT KNOB RD. Police Chief Rivers gave the first reading of an ordinance amending City Code Section 11-4 providing for placement of garbage containers for collection of contents. Mr. Welsch said the purpose of the amend- ment is to more clearly describe that garbage containers cannot be placed at the curb for collection at both detached single family and townhome residences. GARBAGE GAN PLACEMENT ORDINANCE FIRST READING Mayor Branning asked the Attorney to review language in the section again to determine if it can be simplified. Re suggested the requirements for placement be publicized again, by utility bill enclosures or newsletter articles. The Gouncil accepted the first reading of the ordinance. MOTION: of Goodwin, seconded by Sterling, tabling consideration of amending the Comprehensive Plan Land Use Guide Plan Map by changing the designation of Lot 1, Block l, Valley Commercial Park 2nd Addition, from retail business to general business, until August 19, 1993, as requested by the petitioner. Ayes - 5 - Nays - 0. TABLE SEEIAND COMP. PLAN AMENDMENT Police Chief Rivers reviewed the actions of Police Officers Mike POLICE OFFICER Eliason and JoEllen Bruhn in responding to a robbery at Midway Bank ~OMMENDATION on June 25, 1993. Thanks to their response and investigative work, the suspect was identified and arrested within 24 hours of the incident. Nearly ail the money taken was recovered. The Officers were present and Mayor Branning commended them for their actions. CITY OF APPLE VALLEY Dakota County, Minnesota July 8, 1993 Page 6 Councilmember Erickson noted that several key employees have left the EMPLOYEE City or will be leaving shortly. He asked if it might be beneficial ATTITUDE to proceed with a confidential employee attitude survey to determine SURVEY if there is a problem. He suggested using a consultant to survey job satisfaction, working conditions, etc. Mayor Brannin~ said he has asked Staff to prepare information on the recent personnel changes. He commented on wor~ing with Mr. Welsch, for the past five years and the accomplishments during that time. He said Mr, Welsch has accepted an opportunity to work for the City of Roseville, The Mayor noted there has not been a great deal of turnover in City employees, but if there is a problem the Council should find out. Counctlmember Sterling thanked Police Captain Erickson for the ex- cellent traffic control during the solar car "Sunrayce" finish on June 26, 1993. She also expressed appreciation to all Staff and Committee members for their work on the 4th of July celebration. SUNRAYGE & JULY 4TH THANK YOU Mayor Branning noted that 1994 will be the City's 25th anniversary and said he would like to see something a little different or unique for the 4th of July celebration next year. Mayor Branning expressed appreciation to all City Staff for the extra STORM WORK efforts during and aftsr the storm last week. APPRECIATION MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated June 30, 1993, in the amount of $425,955.52; and July 7, 1993, in ~he amount of $5,004,156.09. Ayes - $ - Nays - 0. CLAIMS & BIf~ MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:35 o'clock p.m.