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HomeMy WebLinkAbout10/14/1993CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 14th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PiLESENT: Mayor Branning, Councilmembers Ertckson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Intern Gerbule, Police Captain Cook, Community Development Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Public Works Director Miranowski, Lead Dispatcher Nelson and Police Chief Rivers. 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 Humphrey, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays ~ 0. APPROVE AGENDA AUDIENCE DISC. AAA PEDESTRIAN SAFETY AWARD Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. Police Chief Rivers said the City has again received the AAA Pedestrian Safety Award. He presented the award, for the year 1992 to the Mayor. Mayor Branntng noted that Brandon Holle, a member of Scout Troop 205 was attending the meeting. Brandon said he is working on a communications merit badge and one of the requirements is to attend a Council meeting and report on it to the Troop. MOTION: of Humphrey, seconded by Goodwin, approving all items on the CONSENT AGENDA consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of September 23rd, 1993, as written. Ayes - 5 - Nays - O. SEPT. 23, 1993 MINUTES PROCLAIM WORLD FOOD DAY PROCLAIM UNFUNDED MANDATES DAY PROCLAIM ARTS &HUMANITIES MONTH MOTION: of Humphrey, seconded by Goodwin, proclaiming October 16, 1993, as "World Food Day" and urging all citizens to join in working with emergency food programs. Ayes - 5 - Nays - O. MOTION:. of Humphrey, seconded by Goodwin, proclaiming October 27, 1993, as "National Unfunded Mandates Day" to inform citizens about the impact of such mandates on local spending and taxes. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, proclaiming October as "National Arts and Humanities Month" recognizing the contributions of those who work to keep the arts and humanities a part of our lives. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION:. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-234 accepting, with thanks, the donation of a car to the Fire Department by Alan Cross. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-235 accepting, with thanks, the donation of a used Kimball organ to the Parks & Recreation Department by Nancy and Wayne Gavin. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving issuance of a Ghrtstmas Tree Sales Lot license to Robert Jorgenson, d/b/a B & J Tree Farm, for a lot at Cub Foods, from November 25 to December 31, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwln, approving issuance of an Off-Sale Beer License to Birch Bru, Inc., d/b/a SuperAmerica #4342, at 15020 Garrett Avenue, expiring December 31, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-236 awarding the contract for Radio Communications System Upgrading to Two-Way Communications, Inc., the low bidder, in the amount of $63,463.70. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-237 finding that certain radio equipment and antenna systems have no value to the City and authorizing disposing of them in exchange for their removal by William Schmtdt, of Discom, Inc., as described in John DuBois's letter dated September 23, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-238 approving a conditional use permit for outdoor display and sales for Conoco, Inc., on Lot 1, Block 1, Bor- Nel, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, granting a variance to allow two on-site directional signs, of 3.75 square feet each, on Lot 1, Block 1, East Valley Plaza, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Richard Knutson, Inc., for Project 93-404, Highpoint Utility and Street Improvements, in the amount of an additional $3,551.50. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with Richard Knutson, Inc., for Project 93-404, Htghpoint Utility and Street Improvements, in the amount of an additional $970.00. Ayes - 5 - Nays - 0. RES. 1993-234 FIRE DONATION RES. 1993-235 PARKS & REC. DONATION B & J TREE CHRISTMAS TREE LOT SUPERAMERIGA BEER LICENSE RES. 1993-236 AWARD RADIO RES. 1993-237 DISPOSE OF OLD RADIO EOUIP. RES. 1993-238 CONOCO CONDL. USE PERMIT SIGN VARIANCE EAST VALLEY PLAZA CHANGE ORDER 1 PROJ, 93-404 CHANGE PROJ. 93-404 CITY OF APPLE Dakota County, Minnesota October 14, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with CECA Utilities, Inc., for Project 93- 415, Miscellaneous Utility Improvements, in the amount of an additional $3,025.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving various change orders to the contracts for Police Facility construction, in the total amount of an additional $1,129.00, as described in the Personnel Director's memo dated October 14, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-239 requesting the Minnesota Department of Transporta- tion to participate in rerouttng and reconstructing the intersection of County Road 11 and Palomino Drive at a cost of $115,300. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving payment of the Gity's 1993 annual allocation to the Vermillion River Watershed Management Organization in the amount of $8,010.65. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving issuance of a. dance permit for a Parks and Recreation Department sponsored dance at Apple Valley Community Center on October 30, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, authorizing the expendi- ture of $2,500.00 toward the cost of the 1993 employee recognition party. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving membership in the Fire Department of the 14 individuals listed in the Fire Chief's memo dated October 11, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving hiring Richard Glewwe as a fulltime Park Maintenance Worker, effective October 15, 1993, as described in the Personnel Report dated October 14, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwln, approving hiring the part- time and seasonal employees as listed in the Personnel Report, and Addendum, dated October 14, 1993. Ayes - 5 - Nays - 0. of Humphrey, seconded by Goodwin, approving compensation Inga Cerbule, Cultural Exchange Intern, at the rate of $6.15 per hour as described in Personnel Director's memo dated October 14, 1993. Ayes - 5 - Nays - 0. CHANGE ORDER 2 PROJ. 93-415 POLICE CONST. CHANGE ORDERS RES. 1993-239 MnDOT C.R. 11 & PALOMINO ~OST SHARE VERMILLION WMO 1993 PAYMENT PARK & REC. DANCE PERMIT EMPLOYEE RECOGNITION EX FIRE DEPT. MEMBERSHIP HIRE GLEWWE PARK MNTC. MIRE PART-TIME EMPLOYEES INTERN COMPENSATION END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1993 Page 4 Mayor Branning called the public hearing to order at 8:08 p.m., to PUBLIC HEARING consider ProJ eot 93-431, Mornlngview 9th Addition Utility Improvements, PROJ. 93-431 and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report, dated September 16, 1993, and noted that costs of the improvements are proposed to be assessed to the 28 townhouse units being constructed. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-240 ordering installation of Project 93-431, Morningview 9th Addition Utility Improvements. Ayes - 5 - Nays - O. RES. 1993-240 ORDER PROJ. 93-431 MOTION: of Humphrey, seconded by Ooodwin, adopting Resolution No. 1993-241 approving plans and specifications for Project 93- 431 and authorizing advertising for bids to be received on October 25, 1993, at 10:00 a.m. Ayes - 5 - Nays - 0. RES. 1993-241 TAKE BIDS PROJ. 93-431 Mr. Johnson reviewed his memo dated October 8, 1993, concerning the GABLE TV RATE Cable TV Committee's recommendation to file certification of rate re- REGULATION gulation with the FCC. If this is done, the City will also need to adopt rate regulation policies and procedures consistent with the rules and regulations of the FCC. Lisa Washa, of Star Cablevision, was present to answer questions. MOTION: of Humphrey, seconded by Eriokson, approving filing FCC form 328, Certification to Regulate Basic Cable Service Rates and Initial Finding of Lack of Effective Competition. FILE GABLE RATE RE~)L~TN, Councilmember Goodwin said he would like to discuss the duties involved in cable administration for the City and believes it is no longer appropriate in the Parks & Recreation Department. Mr. Melena said the 1994 budget includes a half time communications coordinator position to take over these duties. Mayor Branning asked for a report on the proposed position at the next meeting. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1993-242 approving the Rate Regulation Policies and Procedures allowing public participation in rate regulation proceedings as required by the FCC. Ayes - 5 - Nays - 0. RES. 1993-242 GABLE RATE POLICIES Mr. Johnson reviewed the Cable TV Committee's recommendation concern- GABLE TV lng extension of Star Cablevision's franchise in exchange for wiring FRANCHISE the new Police Facility. Based on advice of legal counsel at its EXTENSION October 5, 1993, meeting, the Committee versed its initial recommenda- tion to extend the franchise. Under the existing franchise, cable would be brou to the facility within 12 months at no charge. Dakota County, Minnesota October 14, 1993 Page 5 MOTION: of Sterling, seconded by Humphrey, authorizing reimbursement of approximately $1,000 to Star Gablevlslon, from the Police construction budget, for costs incurred to date in bringing cable to the Police Facility, and not proceeding with franchise extension as recommended by the Cable TV Committee at its meeting of October 5, 1993. Ayes - 5 - Nays - 0. RESCIND STAR GABLE TV FRANCHISE EXTENSION DENY PRELIM. PLAT EXTENSION MET COUNCIL SAND & GRAVEL COMP. PLAN AMENDMENT PURCHASE E - 9 - 1-1 PHONE SYSTEM MOTION: of Goodwin, seconded by Erickson, denying the request for extension of the preliminary plat approval of Galles Addition as recommended by the City Attorney in his letter dated October 11, 1993. Ayes - 5 - Nays - 0. Mr. Melena reported that the Metropolitan Council met today, as a Com- mittee of the Whole, and discussed the City's Gomprehenslve Plan amendment for sand and gravel mining south of County Road 42. It was unanimously approved and now goes to the entire Metropolitan Gouncil at its meeting on October 21, 1993. MOTION: of Humphrey, seconded by Ertckson, approving outright purchase of the Enhanced 9-1-1 Emergency Telephone System for the new Police Facility, awarded by Resolution No. 1993- 217, in the amount of $66,594.24, and financing the purchase by use of equipment certificates. Ayes - 5 - Nays - 0. Ms. Boland reviewed the Police Facility construction schedule and bud- POLICE CONST. get. The contract calls for completion by January 30, 1994. It now BUDGET appears the building will be ready by December 31, 1993, and moving for the Police Department is planned the first week in January. Costs are within the budget of $3,200,000 with $12,409.77 unallocated as the total contingency. Mr. Gordon reported on the status of remaining 1993 construction pro- CONSTRUCTION jects as contained in his memo dated October 11, 1993. They are on PROJECT REPORT schedule and should be completed by the end of the month. Mayor Branning asked to review parking needs at the Apple Valley Ford site with Staff. MOTION: of Humphrey, seconded by Goodwin, approving the acquisition of part of the Garrett Avenue/155th Street right-of-way, for $10,500.00, and the Agreement relating to special assessments on the Winkler property and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. GARRETT/155TH ACQUISITION & ASSESSMENTS RES. 1993-243 GARRETT R-O-W PLAT WAIVER MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-243 granting a waiver of platting for property being acquired as Garrett Avenue/155th Street right-of-way and combining it with the City-owned tax parcel identified as 01-03400-029-26. Ayes - 5 - Nays - 0. Mayor Branning said the Association of Metropolitan Municipalities is TAB VACANCY soliciting nominations to fill a vacancy on the Transportation Advisory CITY OF APPLE VALLEY Dakota County, Minnesota October 14, 1993 Page 6 Board (TAB) and any one interested should contact him. Councilmember Humphrey noted that he is still a member of TAB even though he has been appointed to the RTB. However, because he is on the RTB he can no longer serve as the City's representative on the MVTA Board. MOTION: of Humphrey, seconded by Sterling, appointing Mayor Branning as the City's representative on the Minnesota Valley Transit Authority (MVTA) Board. Ayes - 5 - Nays - 0. BRANNING MVTA REP, Mr. Melena introduced Inga Cerbule, Chief of Municipal Enterprise Department for Riga, Latvia. She will be here for two months on a cultural exchange internship program. Ms. Cerbule thanked the Council for the opportunity to be here and work in the City. CULTURAL EX- Councilmember Sterling said she is serving on the LMC 1994 Conference Planning Committee. She distributed a list of topics and ideas for conference sessions and asked the Council for their input by prioriti- zing items on the list and returning it to her by October 19, 1993. LMC CONFERENCE PLANNING Mayor Branning reported that the Dakota County League of Governments DCLG FORMATION met last night and is continuing with structuring its formation. The next meeting will be November 10, 1993, hosted by the City of Lakeville. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated September 30, 1993, in the amount of $18,879,190.06; October 7, 1993, in the amount of $1,052,685.57; and October 14, 1993, in the amount of $780,608.66. Ayes ~ 5 - Nays - 0. MOTION: of Erlckson, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0.' The meeting was adjourned at 8:54 o'clock p.m.