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HomeMy WebLinkAbout10/23/1993CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 23rd, 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, Personnel Director Boland, Intern Gerbule, Police Captain Cook, Community Development Director Gretz, Parks and Recreation Director Johnson, City Planner Kelley and Public Works Director Miranowski. 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. The Mayor asked everyone to observe a moment of silence in memory of Connie Scheid, member of the Park Committee, who died in an accident on November 12, 1993. MOTION: of Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Branning acknowledged receipt by the City of a certificate from DCQC CERTIF. the Dakota County Quality Council. 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. AUDIENCE DISC. CONSENT AGENDA NOV. 9, 1993 MINUTES PROCLAIM 3D PREVENT MONTH SOUTH METRO J.P. AGREEMENT MOTION: of Sterling, seconded by Humphrey, moving consideration of the contract for auction services and City Hall conference room construction 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 Humphrey, approving the minutes of the regular meeting of November 9th, 1993, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, proclaiming December as "National Drunk and Drugged Driving (3D) Prevention Month" and urging the public to become aware of impaired driving causes and prevention activities. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, approving the 1994 Joint Powers Agreement for the South Metro Drug Task Force and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION MOTION: MOTION MOTION: MOTION: of Sterling, seconded by Humphrey, approving issuance of a temporary on-sale liquor license by the Minnesota Liquor Control Commissioner to the Minnesota Zoological Garden for an event on December 4, 1993. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, continuing tabling of Lampert Yards conditional use permit for outdoor storage until the fence material issue has been resolved, as recommended in the Community Development Director's memo dated November 18, 1993. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving Bonestroo, Rosene, Anderlik & Associates, Inc.'s, revised 1994 hourly general engineering rates as contained in its letter dated November 11, 1993. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1993-257 requesting use of off-system MSA funds for Project 93-421, Turn Lane on County Road 42 at Garrett Avenue. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1993-258 requesting use of off-system MSA funds for Project 93-421, Turn Lane on Cedar Avenue at 143rd Street. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, accepting Project 93-429, Yalleywood Golf Course Parking Lot Improvements, as final and authorizing final payment on the contract with McNamara Contracting Co. in the amount of $48,421.69. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, approving various change orders to the contracts for Police Facility construction, in the total amount of an additional $3,806.45, as described in the Personnel Director's memo dated November 23, 1993. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1993-259 authorizing installation of stop signs on Essex Trail southbound at 140th Street, and on Garrett Avenue northbound at 153rd Street. Ayes - 5 - Nays - 0. of Sterling, seconded by Humphrey, adopting Resolution No. 1993-260 restricting parking on all public streets within the boundaries of the Downtown Ring Route Streets and authorizing installation of stgnage. Ayes - 5 - Nays - 0. ZOO TEMPORARY LIO. LICENSE CONTINUE TABLE LAMPERT YARDS OUTDOOR C.U,P, BRA 1994 RATE SCHEDULE RES. 1993-257 OFF-SYSTEM MSA PROJ. 93-421 RES. 1993-2~ OFF-SYSTEM PROJ. 93-A21 FINAL PAYMENT PROJ. 93-4~9 POLICE GORST. CHANGE ORDERS RES. 1993-259 INSTALL STOP SIGNS RES. 1993-260 NO PARKING IN RING ROUTE CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1993 Page 3 MOTION: of Sterling, seconded by Humphrey approving renewal of the agreement for Risk Management and Employee Benefits Consulting Services with American Risk Services Inc., for 1994, at an annual fee of $7,800, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. 1994 INSURANCE CONSULTANT AGREEMENT COMMUNICATIONS COORDINATOR POSITION HIRE PART-TIME EMPLOYEES MOTION: of Sterling, seconded by Humphrey, approving the position description for Communications Coordinator, dated October 1993, within the Personnel Plan, and authorizing recruitment to fill the position on a half-time basis. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey approving hiring the part- time and seasonal employees as listed in the Personnel Report dated November 23, 1993, and noting retirements of Yvonne Jacobson and Richard Tuthill. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Melena reviewed the Park Department's request to retain one of the VEHICLE trucks scheduled for auction for one more year. The auction is set AUCTION for 10:00 a.m. on December 4, 1993, at the Central Maintenance Facility. MOTION: of Sterling, seconded by Erickson, withdrawing Unit 223 from the sale and approving the auction sale contract with Schlegel Auction Company to conduct an auction of City vehicles on December 4, 1993, at 10 percent of the sale total, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. SCHLEGEL AUCTION SALE AGREEMENT CITY HALL REMODELING CITY HALL CONF. ROOM CONSTRUCTION Councilmember Humphrey said he asked to discuss construction of a con- ference room in City Hall because he would like to review remodeling plans for the entire building before proceeding with part of it. MOTION: of Sterling, seconded by Erickson, authorizing the expen- diture of up to $9,290.00 for installation of doors and construction of a conference room in City Hall, as described in the Personnel Director's memo dated November 23, 1993. Councilmember Goodwin said he understands remodeling will be needed after the Police Department moves. This work could proceed, but he agrees with reviewing the plans before other work is done. Mayor Brar~ing commented on inefficiencies of the existing City Hall and expressed concern about spending more money on remodeling. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Branning) (Humphrey Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1993 Page 4 Mayor Branning called the public hearing to order at 8:14 p.m. to ~UBLIC NEARING consider vacating a drainage and utility easement on part of Lot 32, EASEMENT Block 1, Morningview, and noted receipt of the affidavit of publication VACATION of the hearing notice. Mr. Kelley said the property is being replatted as Morningvtew 9th Addition and new easements will be provided with that plat. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:15 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-261 completing vacation of a drainage and utility easement on part of Lot 32, Block 1, Morningview, and authorizing recording the necessary documents with Dakota County. Ayes - 5 - Nays - 0. RES. 1993-261 VACATE EASEMNT MORNINGVIEW Mr. Kelley reviewed the Planning Commission report on the proposed WOODWINDS 2ND Woodwinds 2nd Addition located at the northeast corner of 138th Street DEVELOPMENT and Pilot Knob Road. The plat will include one outlot which will be maintained by the homeowner's association and provide space for an entrance monument for the development. MOTION: of Sterling, seconded by Erickson, passing Ordinance No. 563 rezontng the proposed Woodwinds 2nd Addition (replat of Lots 1 through 4, Knottywoods) from R-1 to RCL as recommended by the Planning Commission. Ayes - 5 - Nays ~ 0. ORDINANCE REZONE WOODt WINDS 2ND MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 1993-262 approving the preliminary plat of Woodwinds 2nd Addition (replat of Lots 1 through 4, Knottywoods) and directing preparation of a subdivision agreement with conditions as recommended by the Planning Commission. RES. 1993-262 WOODWINDS 2ND PRELIM. PLAT Councilmember Humphrey asked what will happen to the triangular area southeast of the plat. Brian Olson, of Lundgren Bros., the developer, was present and said it was going to be used for an entrance monument for the rest of the development. When the final plat for a future phase is prepared, it will be combined with an adjoining lot. Vote was taken on the amendment. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwtn, directing the Engineer to prepare a preliminary feasibility report for public improve- ments to serve Woodwinds 2nd Addition. Ayes - 5 - Nays - 0. WOODWINDS 2ND PRELIM. REPORT Mr. Melena reviewed the proposal to prepare the site at the southwest ENDERES TOOLS corner of 149th Street and Pilot Knob Road for the Enderes Tools DEVELOPMENT building. The building pad area will need to be ready for March construction. The tax increment financing package is being reviewed by the City's attorney and another meeting is set for Monday. CITY OF APPLE VATJ-~Y Dakota County, Minnesota November 23, 1993 Page 5 Mr. Gordon said the costs sho~rn in the engineering report have been revised since the report was prepared. The projected cost for the site Enderes Tools will be acquiring is $70,000 and the cost for parcel 01-02600-010-75 is $77,000. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-263 directing the City Engineer to prepare plans and specifications for Project 94-444, Enderes Tools Utility and Street Improvements. Ayes - 5 - Nays - 0. RES. 1993-263 PLANS & SPECS. PROJ. 94-444 Mr. Sheldon said documents allowing the City right of entry and waiver of trespass on the site have been sent to the property owner to allow the project to proceed. MOTION: of Sterling, seconded by Goodwin, authorizing acceptance of the Right of Entry and Waiver of Trespass from LGS Concord providing for construction of Project 94-444, Enderes Tools Utility and Street Improvements. Ayes - 5 - Nays - 0. ENDERES TOOLS SITE RIGHT OF ENTRY RES. 1993-264 ENDERES TOOLS REZONE HEARING MOTION: of Sterling, seconded by Ertckson, adopting Resolution No. 1993-264 setting a public hearing, before the Planning Commission, on December 15, 1993, to consider rezoning the Enderes Tools site, southwest of 149th Street and Pilot Knob Road, from "A" to "BP". Ayes - 5 - Nays - 0. Mr. Gretz reviewed the preliminary engineering report for Project 94- 140TH STREET 440, 140th Street Reconstruction Between Galaxie Avenue and Johnny RECONSTRUCTION Cake Ridge Road. The road would be lowered and widened to 52 feet. The report assumes that the equivalent cost of widening the road, at $59.60 per front foot, will be paid for by assessments to undeveloped abutting property. The cost of lowering the road and utilities will be paid directly by adjoining property owners. Councilmember Erickson expressed concern about traffic detours during construction. Mr. Gretz said a temporary or permanent signal will be installed at County Road 38 and Galaxie to encourage use of that route. Mr. Melena said including incentives in the contract for early completion can also be helpful. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-265 setting a public hearing at 8:00 p.m. on December 9, 1993, to consider Project 94-440, 140th Street Recon- struction Between Galaxie Avenue and Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. RES. 1993-265 SET HEARING PROJ. 94-440 RES. 1993-266 PLANS & SPECS. PROJ. 94-440 CITY HALL HOLIDAY HOURS MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1993-266 directing the City Engineer to prepare plans and specifications for Project 94-440, 140th Street Recon- struction. Ayes - 5 - Nays - 0. The Mayor noted that City Hall will be closed on Thursday and Friday, November 25 and 26, 1993, for the Thanksgiving holiday weekend. CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 1993 Page 6 The Council received a letter dated November 19, 1993, from Star STAR CABLE Cablevision advising that Marcus Gable Partners will be acquiring the SALE TO cable television system. Formal notice and a request to transfer the MARCUS GABLE franchise will be submitted to the City. An open house to introduce the new company will be held on November 30, 1993, beginning at 5:30 p.m., at the Holiday Inn in Burnsville. The Council received notice that the 35W Solutions Alliance will be hiring a lobbyist for the 1994 legislative session. Any recommenda- tions for lobbyists or firms should be submitted to Burnsville by December 8, 1993. 35W SOLUTIONS LOBBYIST NLC ACTIVITIES The Council received a letter containing information on activities scheduled by the League of Minnesota Cities at the National League of Cities Conference. Councilmember Sterling said she will be attending a policymakers' dinner on November 30, 1993, in Burnsville. BURNSVILLE MEETING Gouncilmember Humphrey said there is an opening on the citizens TRANSIT ISSUES advisory committee to Metro Mobility. Anyone interested in applying can contact him. A meeting on the "fast bus" proposal was held at City Hall this morning. Dakota County Legislators were invited to attend and those who did seemed receptive to improvements to allow for a pilot program of such buses on the freeways. MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check registers dated November 18, 1993, in the amount of $1,132,024.62; and November 23, 1993, in the amount of $4,957,874.47. Ayes - 5 - Nays - O. CLAIMS &_____BILLS MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:58 o'clock p.m.