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HomeMy WebLinkAbout09/09/1993CITY OFAPPLE VALLEY Dakota County, Minnesota September 9, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 9th, 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, Personnel Director Boland, Community Development Director Cretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley and Police Chief Rivers. 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 Humphrey, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA 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 Sterling, seconded by Goodwin, moving consideration of August 30, 1993, minutes; Lancer Food Service Liquor License application; Poli~e Telephone System; and land use change at 146th Street and Pennock to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Goodwin, approving the minutes of the regular meeting of August 19th, 1993, as written. Ayes - 4 - Nays - 0 (Ooodwin Abstained). AUG. 19, 1993 MINUTES PROCLAIM WASTE REDUCTION WEEK RES. 1991-190 SONS OF LEGION GAMBLING EXEM. MOTION: of Sterling, seconded by Goodwin, proclaiming September 27 to October 2, 1993, as "Waste Reduction Week" in Apple Valley and supporting recycling activities being conducted in connection with it. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-190 approving an Exemption from Lawful Gambling License for Sons of American Legion Post 1776 for an event on October 2, 1993, at the Apple Valley American Legion Post and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-191 approving an Exemption from Lawful Gambling License for Sons of American Legion Post 1776 for an event on November 5, 1993, at the Apple Valley American Legion Post and waiving any waiting period for State approval. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, approving issuance of a temporary on-sale 3.2 beer license to American Legion Post 1776 for use at Fire Station No. 1 on September 18, 1993. Ayes - § - Nays - O. of Sterling, seconded by Goodwtn, authorizing issuance of a temporary on-sale liquor license to the Minnesota Zoo by the Minnesota Department of Public Safety, Liquor Control Division, for an event on September 14, 1993. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving issuance of a Christmas Tree Sales Lot license to Boy Scout Troop 205 for a lot on Lot 1, Block 2, Hamlet I, from November 26 to December 25, 1993. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving the amended Joint Powers Agreement to Provide Ambulance Service with the Cities of Farmtng~on and Lakeville, as approved by the ALF Board at its meeting of August 24, 1993, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 'I993-192 receiving the preliminary engineering report on Project 93-433, Garrett Avenue Construction Between 153rd and l$Sth Streets, and setting a public hearing on it at 8:00 p.m. on September 23, 1993~ Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, adopting Resolution No. 1993-193 directing the City Engineer to prepare plans and specifications for Project 93-433, Garrett Avenue Construc- tion Between 153rd and 155th Streets. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1993-194 approving specifications for a Replacement VHF Police Radio System and authorizing advertising for bids to be received at 2:00 p.m. on October 5, 1993. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, adopting Resolution No. 1993-195 rejecting all bids received on September 2, 1993, for Project 93-399, Cherry Oak Estates 2nd Addition Improve- ments, and authorizing readvertising for bids to be received at 10:00 a.m. on September 20, 1993. Ayes - 5 - Nays - 0. RES. 1991-191 SONS OF LEGION GAMBLING EXEM. LEGION TEMP. BEER LICENSE ZOO TEMPORARY BOY SCOUTS CHRISTMAS AMENDED ALF RES. 1993-192 SET HEARING PROJ. 93-435 RES. 1993-193 PLANS & SPECS. PROJ, 93-433 RES. 1993-194 TAKE BIDS P.D. RADIO SYSTEM RES. 1993-1~ REJECT & PROJ. 93-3~9 CITY OF APPLE VALLEY Daketa County, Minnesota September 9, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Sterling, seconded by Goodwin, approving various change orders to the contracts for Police Facility construction, in the total al~ount of an additional $2,083.00, as described in the Personnel Director's memo dated September 9, 1993. Ayes - 4 - Nays - 0. of Sterling, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting for Project 92- 384, Apple Valley Ford Addition Improvements, in the amount of an additional $37,950.00 for constructing a pathway along Pennock Avenue. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, accepting Project 92-403, Gardenview Place Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $6,474.90. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1993-196 approving the final plat and subdivision agreement for Pennock Fifth Addition (replat of Outlet A, Hamlet Manor Homes) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. of Sterling, seconded by Goodwin, adopting Resolution No. 1993-197 approving the corrective plat of Western Service Center Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, granting a setback -variance to allow construction of a porch addition to within 25 feet of the rear lot line on Lot 1, Block 4, Eagle Hills 3rd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, approving and directing sending the response, dated September 9, 1993, to the Long Term Funding Subcommittee of the Dakota County Solid Waste Management Committee, supporting continued program funding, but increasing the flexibility of eligible expenditures. Ayes - 5 - Nays - 0. of Sterling, seconded by Goodwin, adopting Resolution No. 1993-198 establishing no parking zones on: 142nd Street, Guthrie to Pennock, both sides, Monday through Friday, 7:00 a.m. to 3:00 p.m., September 1st to June 15th; south side of 142nd Street, between Pennock and Cedar; east side of Glenda Drive, between 145th and Upper 145th; and north side of Whitney Drive, for 40 feet on either side of Southview School driveway. Ayes - 5 - Nays - 0. POLICE CONST. CHANGE ORDERS CHANGE ORDER 2 PROJ. 93-405 FINAL PAYMENT PROJ. 92-403 RES. 1993-196 FINAL PLAT PENNOCK 5TH RES. 1993-197 FINAL PLAT W, SERV. CTR. VARIANCE EAGLE HILLS 3RD SOLID WASTE MGMT. FUNDING COMMENTS RES. 1993-198 VARIOUS NO PARKING ZONES CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1993 Page 4 MOTION: of Sterling, seconded by Goodwin, authorizing the expendi- ture of up to $36,370 for clean up of the Minnehaha Falls Nursery site, as described in the Public Works Director's memo dated September 3, 1993. Ayes - 5 - Nays - O. MINNEHAHA SITE CLEAN MOTION: of Sterling, seconded by Goodwin, approving continuation, through December 31, 1993, and payment of group insurance benefits, at $487.07 per month, for Kelth Wallace's dependents as described in the Personnel Director's memo dated September 9, 1993. Ayes - 5 - Nays - O. WALLACE DEPENDENT INSURANCE WALLACE SCHOLARSHIP FUND EXPEND. HIRE SECRETARY ~ERKMEISTgR MOTION: of Sterling, seconded by Goodwin, authorizing the expendi- ture of $1,000, from the employee recognition fund, for a scholarship fund established for Bonnie Wallace, daughter of Keith Wallace, as described in the Personnel Director's memo dated September 9, 1993. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring Nelda Werkmeister for the fulltime position of Community Development Secretary, effective September 10, 1993, as described in the Personnel Report dated September 9, 1993. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving hiring the part- time and seasonal employees as listed in the Personnel Report dated September 9, 1993. Ayes - 5 - Nays - 0. HIRE PART-TIME EMPLOYEES END OF CONSENT AGENDA Councilmember Erickson asked about the cable television rate discus- CABLE TV sion at ~he August 30th meeting and questioned why it was brought up RATE DISCN, at a special meeting? Mayor Branning said the Council has authority to act on such items at a special meeting. Gouncilmember Humphrey reviewed the discussion and noted the 0ity still has authority to regulate rates if it so desires. MOTION: of Sterling, seconded by Humphrey, approving the minutes of the special meeting of August 30th, 1993, as written. Ayes - 3 - Nays - 0 (Erickson and Goodwin Abstained). AUG. 30, 1993 MINUTES MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1993-199 setting a public hearing at 8:00 p.m. on September 23, 1993, on the application of Lancer Food Service, Inc., for an on-sale liquor license on the premises of the Minnesota Zoological Garden. Ayes - 5 - Nays - 0. RES. 1993-199 SET HEARING LANCER/ZOO LIOUOR LICENSE Mr. Melena reviewed the memo dated September 9, 1993, concerning a telephone system and cabling for the Police Facility. He asked that action only be taken on renting the telephone system at this time. Additional information is needed on the cabling proposal and it will be back for Council consideration. POLICE CABLING &TEL. SYS brought CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1993 Page 7 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-208 authorizing issuance of a building permit for Dairy Queen on Lot 2, Block 1, Margolis Addition, with conditions as recommended by the Planning Commission and a garage-type door on the trash enclosure; signage to be approved separately. Ayes - 5 - Nays - 0. RES. 1993-208 DAIRY QUEEN BUILDING PERMIT Mr. Doran said the intent is to have more commonality for the site by limiting them to two shared pylon signs. They would be located along County Road 42 and be a maximum of 24 feet high. Mayor Branning asked whether he would consider using a solid, structural base on the signs rather than posts? Mr. Doran said he would take that as direction and come back with a plan for approval. MOTION: of Goodwin, seconded by Humphrey, approving two free- standing signs, maximum 24 feet high and 110 square feet in area, for Margolts Addition, with sign copy to be shared by all owners/tenants, subject to approval of signage plans by City Staff. Ayes - 5 - Nays - 0. MARGOLIS ADDN. SIGNS RES. 1993-209 SET HEARING PR03. 93-424 RES. 1993-210 PLANS & SPECS. PROJ. 93-424 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1993-209 receiving the preliminary engineering report on Project 93-424, Margolts Addition Utility Improvements, and setting a public hearing on it at 8:00 p.m. on September 23, 1993. Ayes - 5 - Nays - 0. MOTION: of Erlckson, seconded by Goodwin, adopting Resolution No. 1993-210 directing the City Engineer to prepare plans and specifications for Project 93-424, Margolis Addition Utility Improvements. Ayes - 5 - Nays - 0. Mr. Gretf 'keviewed the Forestry Specialist's memo dated August 31, COUNTY ROAD 46 1993, describing a proposal for tree planting and landscaping along TREE PROPOSAL County Road 46 west of Cedar Avenue. Dave Walock, 15981 Heath Court, was present representing the neighborhood. He spoke in favor in the plan and asked the Council to authorize funds for it to proceed. He thanked Staff for working with them in their concerns. MOTION: of Erickson, seconded by Sterling, authorizing the expenditure of $11,600 for tree and shrub planting along the south side of County Road 46 between Harwell Avenue and Harmony Way, as described in the Forestry Specialist's memo dated August 31, 1993. Ayes - 5 - Nays - 0. COUNTY ROAD 46 PLANTING AUTHORIZATION UNISYS INFO. TECHNOLOGY PLAN Mr. Ballenger said the Information Technology Plan, previously auth- orized by Unisys has been completed. Laird Beaver, of Unisys, along with Dave Dvorak, Jan Lumer and David McMeekin were present. Mr. Beaver gave an overview of the plan and reviewed the specific proposal to prepare a network design and integration plan for the City. CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1993 Page 8 Mr. Melena said authorization is requested to proceed with the network design and integration plan at this time. Unisys has also prepared a proposal for the Police computer aided dispatch system. It is suggested this proposal and options be discussed further at the September 16th, 1993, informal meeting. MOTION: of Humphrey, seconded by Goodwin, authorizing Unisys Corpor- ation to proceed with its proposal for a Network Design and Integration Plan, as outlined in its letter dated September 7, 1993, at a cost of $4,000. Ayes ~ 5 - Nays - 0. UNISYS NETWORK DESIGN PLaN Mr. Melena said an amendment to the City's liquor licensing ordinance ZOO & GOVERNMT has been prepared to provide for liquor licensing on the Zoo premises CENTER LIQUOR and for serving liquor at the Dakota County Western Service Center. ORDINANCE Mr. Sheldon gave the first reading of the ordinance which would es- FIRST READING tablish a new license "concessionaire's on-sale intoxicating liquor license". It would also allow holders of on-sale liquor licenses in the City to serve liquor at events conducted at the Western Service Center. A fee for temporary on-sale liquor licenses would be set at $35.00. The Council accepted the first reading. MOTION: of Goodwin, seconded by Branning, authorizing City DAK. membership in the Dakota Citizen's Forum and approving FORUM payment of 1993-1994 dues in the amount of $250.00. Ayes - MEMBERSHI~ 5 - Nays - 0. Mr. Melena reminded the CoUncil that he will be out of the City from September 19 to 22, 1993, attending the International City Management Association's annual conference. MELENA ICMA CONFERENC~ Mr. Melena said the Chair of the Planning Commission has been advised NORRIS P.C. that Jim*~orris will be submitting his resignation from the Planning RESIGNATION Commission. It will be forwarded to the Council when it is formally received. Councilmember Erickson asked to review any current applications for commissions or committees on file. Councilmember Sterling said she was contacted by Peter Solinger, a LATVIAN former Councilmember from Rochester, about a program he works with INTERN involving the Baltic States. They are bringing nine interns to the United States for two months, and he asked if one could be placed in Apple Valley. The individual suggested for the City, Inga Serbule, is already working in government in Riga, Latvia. The City would determine where she spends her time and what she does while working here. MOTION: of Sterling, seconded by Humphrey, accepting the proposal of SOROS Foundation to place an intern from Riga, Latvia, with the City for approximately two months. Ayes - 5 - Nays - 0. ACCEPT INTERN CITY OF APPLE VA?3.~Y Dakota County, Minnesota September 9, 1993 Page 5 MOTION: of Ertckson, seconded by Goodwin, approving installation and rental of Vista Digital Centrex Service for the Police Facility from Vista Telephone Company, the low quote, at an approximate monthly rental of $1,884.25, as described in the Personnel Director's memo dated September 9, 1993. Ayes - 5 - Nays - 0. POLICE VISTA TELEPHONE SYS. RENTAL Mayor Branning asked if it was correct that no building plan was sub- LAND USE mitred in connection with the request for a land use change at the CHANGE DENIAL southeast corner of 146th Street and Pennock Avenue. Mr. Kelley said that is correct. Only a concept plan of a possible building was submitted. MOTION: of Branntng, seconded by Sterling, adopting Resolution No. 1993-200 making a finding of fact concerning a request for land use changes and denying the Comprehensive Plan amendment and rezoning requested on Lot 1, Block 1, Valley Commercial Park 2nd Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1993-200 DENY V.C. PARK 2ND LAND USE CHANGES RES. 1993-201 1994 BUDGET & TAX LEVY MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-201 adopting the proposed 1994 budget, with revenues of $20,739,786 and expenditures of $20,380,726; and proposed 1993 tax levy, collectible in 1994, of $5,919,474; and setting the required public hearing at 7:00 p.m. on December 15, 1993, with continuation to December 16, 1993, at 7:00 p.m. if necessaryl Mr. Melena reviewed the budget proposal and said no tax rate increase is proposed; it is estimated at 24.69 percent. Councilmember Goodwin noted, for clarification, that this is preliminary approval and does not set the budget yet. It is subject to hearing and final adoption. Mr. Melena said, with preliminary approval, the Council cannot increase this budget, but can make decreases. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed the Planning Commission report and recommendation on the proposed Margolis Addition; a redevelopment of Lot 1, Block 2, Natwick's Addition. MARGOLIS ADDN. DEVELOPMENT MOTION: of Erickson, seconded by Humphrey, passing Ordinance No. 560 rezoning Margolis Addition (Lot 1, Block 2, Natwick's Addition) from GB (general business) to IAB (retail business) as recommended by the Planning Commission. ORDINANCE 560 REZONE M_ARGOLIS ADDN. Councilmember Goodwfn said he is disappointed there will not be a Dairy Queen on the site. He understands the corporate offices are trying to resolve the franchise issue, but is concerned that it will be sold to another restaurant if the property is rezoned without a commitment from Dairy Queen. CITY OF APPLE VALLEY Dakota County, Minnesota September 9, 1993 Page 6 Kelly Doran, the developer, was present and said he is trying to work with Dairy Queen to locate to the site. He committed not to sell the lot designated for Dairy Queen for any other purpose for 60 days. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Branning asked to discuss site plans for the restaurants before acting on the preliminary plat. Mr. Doran reviewed the Taco Bell site and described modifications to accommodate traffic flow and provide adequate parking. The sites will share driveways and have cross parking easements. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. RES. 1993-202 1993-202 approving the preliminary plat of Margolis Addition and directing preparation of a subdivision agreement, with conditions, as recommended by the Planning Commission. Ayes 5 - Nays - 0. MARGOLIS ADDN. PRELIM, PLAT MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-203 approving a conditional use permit for a class II restaurant, with drive-thru window, on Lot 4, Block 1, Margolis Addition, for Brueggers Bagels, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1993-203 BRUEGGERS C,U,P. MOTION: of Sterling, seconded by Branning, adopting Resolution No. 1993-204 approving a conditional use permit for a class II restaurant, with drive-thru window, on Lot 1, Block 1, Margolts Addition, for Taco Bell, as recommended by the Planning Commission. Ayes - 5 - Nays ~ 0. RES. 1993-204 TACO BELL MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 'I993-205 approving a conditional use permit for a class II restaurant, with drive-thru window, on Lot 2, Block 1, Margolis Addition, for Dairy Queen, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1993-205 DAIRY QUEEN C.U.P. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-206 authorizing issuance of a building permit for Brueggers Bagels/Proex on Lots 4 and 5, Block 1, Margolis Addition, with conditions as recommended by the Planning Commission and garage-type doors on the trash enclosures; signage to be approved separately. Ayes - 5 - Nays - 0. RES. 1993-206 BRUEGGERS/PROEX BUILDING PF~RMIT MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-207 authorizing issuance of a building permit for Taco Bell on Lot 1, Block 1, Margolis Addition, with conditions as recommended by the Planning Commission and a garage-type door on the trash enclosure; signage to be approved separately. Ayes - $ - Nays - 0. RES. 1993-207 TACO BELL BUILDING PgRMIT CITY OF APPLE VALLk~Y Dakota County, Minnesota September 9, 1993 Page 9 Gouncilmember Sterling advised the Council that she has accepted an invitation to participate on Independent School District No. 196's Youth Connection Council. If anyone has suggestions for her to pass along, they should contact her. STERLING ISD 196 COUNCIL CLAIMS & BILLS MOTION: of Humphrey, seconded by Goodwtn, to pay the claims and bills, check registers dated September 1, 1993, in the amount of $9,054,188.57; and September 9th, 1993, in the amount of $820,790.78. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, to adjourn. The meeting was adjourned at 10:36 o'clock p.m. Ayes - 5 - Nays - 0.