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HomeMy WebLinkAbout12/09/1993CITY OF APPLE VATJ.F~ Dakota County, Minnesota December 9, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 9th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning, Councilmembers Erickson, Coodwin, 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, Intern Cerbule, Community Development Director Gretz, Associate Planner Hickok, Parks and Recreation Director Johnson, City Planner Kelley, Public Works Director Miranowski 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 led by a member of Scout Troop 204. MOTION: of Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mayor Branning asked if anyone was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Helen Schultz, SR. CITIZEN 14632 Embry Path, representing the senior citizens, expressed a need SPACE NEEDS for more meeting space. Bob Backer, 5248 - 149th Street, also spoke to the need for space. The Mayor asked them to submit names of individuals from their organization who would be willing to work on a task force with City Staff and look at the issue. Krista Baumgartner, of Apple Valley High School DECA Club, was present DECA CLUB and commented on the Club's purpose; to promote a greater understanding of the free enterprise system. She read a proclamation for Free Enterprise Week and asked the Council to consider it. MOTION: of Sterling, seconded by Erickson, proclaiming January 17 to 21, 1994, as "Free Enterprise Week" and urging citizens to increase their understanding of the American free enterprise system. Ayes - 5 - Nays - 0. PROCLAIM FREE ENTERPRIS~WK. MOTION: of Humphrey, seconded by Sterling, moving consideration of the juvenile detention facility, Valleywood sod change order, and athletic field usage policy to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of November 23rd, 1993, as written. Ayes - 5 - Nays - 0. NOV. 23, 1993 MINUTES CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1993 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-267 supporting Dakota County's Water Resources Education Plan and Policy Statement and participation by providing input in the planning process and review of the final plan. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1993-268 approving division of special assessments on property as follows: No. 19880, Timberwick 10th Addition; No. 19903, Pennock Point; No. 19908, Woodwinds 1st Addition; No. 29937, Cedar Pointe; No. 19972, Cherry Oak Estates 2nd Addition; and No. 20028, Cedar Pointe Condos. Ayes 5 Nays - 0. - - of Humphrey, seconded by Sterling, adopting Resolution No. 1993-269 requesting the Dakota County Board to authorize traffic studies to determine the feasibility of traffic signals at the intersection of Johnny Cake Ridge Road and GSAH 42. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, receiving a letter of understanding, signed by Kevin McNamara on December 1, 1993, concerning purchase of approximately 72 acres for park land purposes east of the Central Maintenance Facility. Ayes - Nays - 0. - 5 of Humphrey, seconded by Sterling, approving reduction of subdivision financial guarantees for: Huntington 3rd, Huntington 4th, and Huntington 5th, reduce to 0; Apple Ponds 3rd and Apple Ponds 4th, reduce to 0; Gardenview Place 1st, reduce to $8,000; and Gardenview Place 2nd, reduce to $32,250. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1993-270 approving the final plat of Nordic Woods Sixteenth Addition (replat of Lot 3, Block 3, Nordic Woods lst), waiving requirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the same. Ayes 5 ~ Nays - 0. - of Humphrey, seconded by Sterling, receiving the preliminary engineering feasibility report on Pro3ect 94-445, The Woodwinds 2nd Addition Utility and Street Improvements. Ayes - $ . Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1993-271 approving application for 1994 Community Develop- ment Block Grant funding for the housing rehabilitation revolving loan program and transfer of funds from the existing economic development loan program for a total of $258,092.00 in the program. Ayes - 5 - Nays - 0. RES, 1993-267 COUNTY WATER RES. 1993-268 ASSESSMENT DIVISIONS RES. 1993-269 SIGNAL STUDy ~CRR & CR 42 McNAMARA LETTER ON PURCHASE SUBDIVISION BOND REDUCTION RES. 1993-270 NORDIC 16TH F_INAL PLAT ~ECEIVE REPORT ~ROJ, 94-445 RES. 1993-271 1994 CDBG APPLICATION CITY OF APPLE VAT3.~Y Dakota County, Minnesota December 9, 1993 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Sterling, approving Change Order No. 3, revised, to the contract with McNamara Contracting, for Project 92-384, Apple Valley Ford Improvements, in the amount of an additional $79,307.40 for Garrett Avenue. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 4 to the contract with McNamara Contracting, for Project 92-384, Apple Valley Ford Improvements, in the amount of an additional $2,222.60. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with Gartzke Construction, for Project 92-3980, Police Facility Parking Lot, in the amount of an additional $1,290.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with Erickson Construction, for Project 93-408, Woodwinds 1st Addition Improvements, in the amount of an additional $11,188.22. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 3 to the contract with McNamara Contracting, for Project 93-405, 1993 Street Maintenance, in the amount of an additional $33,000.00 for storm water pond construction. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 1, revised, to the contract with CECA Utilities, for Project 93-415, Miscellaneous Utility Improvements, in the amount of an additional $40,143.92 for Margolis Addition. Ayes - 5 - Nays - O. of Humphrey, seconded by Sterling, approving Change Order No. 4 to the contract with GEGA Utilities, for Project 93- 415, Miscellaneous Utility Improvements, in the amount of an additional $7,242.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, accepting Project 92- 398C, Police Facility Parking Lot, as final and authorizing final payment on the contract with Gartzke Gonstruction in the amount of $2,575.51. Ayes - 5 - Nays - 0. of Mumphrey, seconded by Sterling, adopting Resolution No. 1993-272 approving renewal of Gambling Premises Permits for Apple Valley Hockey Association at R'Berry's, Greenstreets and Apple Place Bowl by the Minnesota Charitable Gambling Control Board. Ayes - 5 - Nays - 0. CHANGE ORDER 3 PROJ. 92-384 CHANGE ORDER 4 PROJ 92-384 CHA/~GE ORDER 1 PROJ. 92-398C CHANGE OP~ER 1 PROJ. 93-408 CHANGE ORDER 3 PROJ. 93-405 CHANGE ORDER 1 PROJ. 93-415 CHANGE ORDER 4 PROJ. 93-415 FINAL PAYMENT PROJ 92-398C RES. 1993-272 A.V.H.A. GAMBLING PERMITS CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1993 Page 4 MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-273 authorizing writing off uncollectible insufficient fund checks for 1993 in the total amount of $1,981.82. Ayes - 5 - Nays - 0. RES. 1993-273 WRITE OFF NSF CHECKS MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1993-274 amending Flexible Spending Account provisions by allowing a maximum of $5,000 per year for health care expense reimbursement effective January 1, 1994. Ayes - 5 Nays - 0. ' RES, 1993-274 AMEND FLEX. MOTION: MOTION: MOTION: of Humphrey, seconded by Sterling, approving promotion of John Bermel to the position of Police Sergeant effective January 1, 1994, in accordance with pay scale 12 of the Personnel Pay Plan. Ayes - § - Nays - 0. of Humphrey, seconded by Sterling, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated December 9, 1993. Ayes ~ 5 - Nays ~ 0. of Humphrey, seconded by Sterling, extending the medical leave of absence for Thomas Lagaoe until November 29, 1994, as described in the Personnel Report dated December 9, 1993. Ayes - 5 - Nays - 0. BERMEL SGT. PROMOTION HIRE PART-TIME .EMPLOYEES EXTEND LAGACF~ END OF CONSENT AGENDA The Council reviewed Dakota County's request for endorsement of its ~OUNTY JUV. · efforts to pursue bonding for a Juvenile detention and treatment FACILITY facility. Councilmember Sterling said indications are that local - legislators will support the request. No decision has been made on a location yet. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. ~ES. 1993-275 1993-275 supporting Dakota County's efforts to secure state JUVENILE bonding authority for construction of a juvenile detention FACILITY BONDS and treatment facility in Dakota County. Councilmember Ertckson said he would like more information on exactly what a treatment and detention facility is. Mayor Branning said he understands the County will be having much more discussion before this project proceeds. Vote was taken on the motion. Ayes - 5 - Nays - 0. COuncilmsmber Sterling questioned the change order for installing sod GOLF SOD in lieu of seed to complete the Golf Course storm sewer work. Mr. CHANGE ORDER Gordon said sod was requested because the work was done very late in the season. CITY OF APPLE VAIJ.EY Dakota County, Minnesota December 9, 1993 Page 5 MOTION: of Sterling, seconded by Erickson, approving ~hange Order CHANGE ORDER 5 No. 5 to the contract with CECA Utilities for Project 93- PROJ. 93-415 415, Miscellaneous Utility Improvements, in the amount of an additional $20,000 for sod at Valleywood Golf Course. Ayes - 5 - Nays - 0. Councilmember Sterling asked to discuss the proposed athletic field ATHLETIC FIELD usage policy and if there is a current policy to compare with since it USAGE POLICY says "updated"? Mr. Johnson said this is the informal policy that has been in use, but has not been adopted by the Council.' Mayor Branning said he would like to review thc policy further before acting on it. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of TABLE FIELD the athletic field usage policy until the last meeting in USAGE POLICY December. Ayes - 5 - Nays - 0. Mayor Branntng called the public hearing to order at 8:20 p.m. to PUBLIC HEARING consider Project 94-440, 140th Street Reconstruction Between Galaxie 140TH STREET Avenue and Johnny Cake Ridge Road, and noted receipt of the affidavit RECONSTRUCTION of publication of the hearing notice. Mr. Gordon reviewed the prelim- inary engineering report. He noted that the road will be lowered and widened to 52 feet. Storm sewer and water lines will also be lowered. The Mayor asked for questions or comments from the Council and the public. Counctlmember Ertckson asked how long the road will be closed? Mr. Gordon said it will be closed about three months. An incentive for early completion will be included in the contract. There were no other questions and the hearing was declared closed at 8:26 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-276 ordering installation of Project 94-440, 140th Street Reconstruction between Galaxie Avenue and Johnny Cake Ridge Road. RES. 1993-276 ORDER PROJ. 94-440 Mr. Gretz commented on the estimated cost of the project, of which about $500,000 will be specially assessed. Before making a decision, bids should be taken so the costs can be estimated more closely. County Road 42, Galaxie and Pilot Knob Road will he used for the detour because there are traffic signals at the intersections. In addition to street reconstruction, a report is being prepared on water trunk installation which may be cost effective to include due to pending development. Councilmember Humphrey asked how access will be provided to the Central Maintenance Facility during construction? Mr. Gretz said there is a haul road to the south which can be used. Councilmember Erickson asked about the letter from McNamara Contracting objecting to assessments for the project. Mr. Gretz said they agree the road should be lowered, but object to paying for it and want a firmer cost estimate before committing to it. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1993 Page 6 Councilmember Sterling asked if electric lines will be put underground along 140th Street? Mr. Gretz said both Dakota Electric and Vista Telephone will be burying their lines. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Branning called the public hearing to order at 8:36 p.m. to con- sider renewal applications for on-sale liquor, wine and beer licenses for 1994 and noted receipt of the affidavit of publication of the ~UBLIC HEARING LIQUOR LICENSE RENEWALS hearing notice. The Police Chief advised the Council that the applica- tions were on file and issuance is subject to receiving necessary bond and insurance documents and payment of taxes by December 15, 1993. Draft resolutions have been prepared for the on-sale liquor and wine license renewals. On-sale beer licenses can be approved by motion. The applicants are as follows: On-sale intoxicating liquor & special license for Sunday liquor sales - 1. Rich Mgr., Inc., d/"o/a Apple Place, at 14917 Garrett Avenue; 2. HALLADAY'S, INC., d/b/a R'Berry's, at 7721 West 147th Street; 3. Cedar Valley, Inc., d/b/a Apple Valley Greenstreets, at 7543 West 147th Street; 4. Lancer Food Service, Inc., at the Minnesota Zoological Garden. Club on-sale intoxicating liquor & special license for Sunday liquor sales - 1. Apple Valley American Legion Post 1776, at 14521 Granada Drive. On-sale wine license - 1. C.I.A.O., Inc., d/b/a Broadway Station, at 15050 Cedar Avenue; 2. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, at 7534 West 149th Street; 3. The Carpenter's Apprentice, Inc., d/b/a Oscars Pizza Classics, at 7634 West 150th Street; 4. VICORP Restaurants, Inc., d/b/a Bakers Square, at 15200 Cedar Avenue. On-sale nonintoxicating malt liquor or beer - 1. C.I.A.O., Ine., d/b/a Broadway Station, at 15050 Cedar Avenue; 2. Godfather's Pizza, Inc., at 15101 Cedar Avenue; 3. Jade Island Chinese Cuisine, Inc., d/b/a Jade Island, at 7534 West 149th Street; 4. Pizza Huts of the Northwest, Inc., at 7'666 West 149th Street; 5. The Carpenter's Apprentice, Inc., d/b/a Oscars Pizza Classics, at 7634 West 150th Street; 6. VICORP Restaurants, Inc., d/b/a Bakers Square, at 15200 Cedar Avenue; 7. City of Apple Valley, d/b/a Valleywood Golf Course, at 4851 West 125th Street. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:40 p.m. MOTION: of Humphrey, seconded by Sterling, approving renewal for 1994 of on-sale licenses by adopting Resolutions No. 1993- 277 for Rich Mgr., Inc., d/b/a Apple Place; No. 1993-278 for HALLADAY,S, INC., d/b/a R'Berry's; No. 1993-279 for Cedar Valley, Inc., d/b/a Apple Valley Greenstreets; No. 1993-280 RES. 1993-277 TO 285 ON-SALE LIQUOR, WINE &l BEER LICENSES CITY OF APPLE VA?3.k~Y Dakota County, Minnesota December 9, 1993 Page 7 for Lancer Food Service, Inc.; No. 1993-281 for Apple Valley American Legion Post 1776; No. 1993-282 for C.I.A.O., Inc., d/b/a Broadway Station; No. 1993-283 for Jade Island Chinese Cuisine, Inc., d/b/a Jade Island; No. 1993-284 for Oscars Pizza Classics; No. 1993-285 for Bakers Square Restaurant; and approving on-sale beer licenses as listed in the City Clerk's memo dated December 6, 1993. Ayes - 5 - Nays - 0. John Bossardt, Construction Manager for the Police Facility, was pre- POLICE CONST. sent to report on the butlding's progress. It will be completed REPORT about six weeks ahead of schedule; by December 20, 1993. The phones should be working by January 3, 1994, when the Department will be moving in. The dedication ceremony is scheduled for January 22, 1994. The project is under budget and change orders came in at less than two percent. He thanked the team of Lynn Boland, Mark Kotars and John Natwick for their work on the project. Mr. Melena asked the Council when it would like to tour the building. It was agreed they would meet at City Hall on December 15, 1993, at 5:30 p.m. and go to the building. Mr. Gretz reviewed his memo dated November 29, 1993, concerning LAMPEKT'S Lampert's Lumber outdoor storage with pictures illustrating the fence OUTDOOR and screening proposed. The boulevard between the fence and the street STORAGE will be landscaped and a sprinkler system will be installed. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-286 approving a conditional use permit for Lampert Yards outdoor sales and storage on Lot 2, Block 1, Apple Valley Industrial Park 3rd Addition, and Lot 1, Block 1, Apple Valley Industrial Park 4thAddltion, with conditions as recommended by the Planning Commission. Ayes ~ 5 - Nays - 0. RES. 1993-286 LAM_PERT OUT- DOOR C.U.P~ LAMPERT ASSESSMENT AGREEMENT LAMPERT'S PRELIM. REPORT MOTION: of Humphrey, seconded by Goodwin, approving the Special Assessment Agreement for Abatement of Public Nuisance with Lampert Yards, Inc., and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Humphrey, directing the Engineer to prepare a preliminary feasibility report for Lampert Yards, Inc., Parking Lot Site Improvements, Project 93-435. Ayes - 5 - Nays - 0. Mr. Hickok reviewed his memo dated December 6, 1993, concerning a re- CHURCH LAND quest for a determination of whether a church can be a permitted use USE P,D. 409 in Apple Valley Business Center. Gerry Weiss was present representing Unity of the Valley Study Group, the petitioner. He presented a petition signed by other tenants of the building stating they have no objection to the space continuing to be used as a church facility. CITY OF APPLE VALLEY Dakota County, Minnesota December 9, 1993 Page 8 MayOr Branning said a precedent was set when a temporary church use was allowed in January of 1992. The premises Were improved for church use then. Councilmember Sterling said when the previous church uss was allowed, there Were COncerns about COmpatible business Uses, air quality and parking. It was also stated this was going to be limited church use and not ongoing. She noted there is other space available in the City. Councilmembers HUmphrey and Goodwin said they did not believe there was a problem with the use. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-287 allowing Unity of the Valley Study Group as a temporary use at 14690 Galaxie Avenue (part of Lot 3, Block 1, Apple Valley BUSiness Center) in Planned Development District 409, as a pre-existing nonconforming use, for one year with a possible one year extension after review and approval. Ayes ~ 5 - Nays - 0. Mr. Hickok reviewed the report concerning a building Permit for a VET. CLINI Veterinary clinic at 14990 Garrett Avenue. The revised building plan is 8,400 square feet, on two levels, instead of the plan described in BLDG PERMIT the report. The Planning Commission did not recommend the sidewalk requirement. MOTION: of Goodwin, seconded by Humphrey, adopting a resolution approving issuance of a building permit for a two-story, BLDG. PERMIT 8,400 square foot building on Lot 2, Block 1, Apple Valley ~CONDITIONS Commercial 2nd Addition, with conditions as recommended by -- the Planning CommisSion, and a COVenant requiring additional parking if the lower level is converted to office uses. Councilmember Sterling asked if there is sidewalk along Garrett Avenue now? Mr. Htckok said there is not. He showed a location for a POssible sidewalk, along the west lot line of the property, Connecting to County Road 42. Mayor Branning said a lot of this Size will have future parking problems. He asked that the subdivision ordinance allowing a lot of this Size be reviewed. Kurt Walter-Hanson, the petitioner, was present and said there is room for 31 parking spaces in an alternate plan. The code requires 23 parking spaces which can be met now. (The drawings presented show 16 parking Spaces.) Mayor Branning said he would like further review of the building Size, Site plan and parking needs. MOTION: of Branning, seconded by Sterling, tabling the building ~AB~N _ permit authorization until the last meeting in December. Ayes - 4 - Nays - 1. (Humphrey) RES. ~ TEMPORARy CHURCH USE IN P D. 409 CITY OF APPLE VAL?.~Y ~' Dakota County, Minnesota December 9, 1993 Page 9 The Council received a proposal for creating an Economic Growth ECONOMIC Partnership Committee among the City, the Chamber of Commerce and GROWTH the Economic Development Authority. Councilmember Sterling quest- PARTNERSHIP ioned the language of paragraph III. Membership, and noted it needs revision to clarify the staggered terms. Mayor Branning said he would like to have the proposal considered at the last meeting in December or the first meeting in January. MOTION: of Erickson, seconded by Sterling, to close the meeting, under the provisions of M.S. 471.705, Subd. la, to consider strategy for labor negotiations with LELS and a tentative agreement with AFSCME Local No. 479. Ayes - 5 - Nays - 0. CLOSE MEETING The meeting was closed at 9:55 p.m. The Council convened in the Conference Room along with City Attorney Sheldon, Gity Administrator Melena, Personnel Director Boland, Parks & Recreation Director Johnson, Public Works Director Miranowski and Police Chief Rivers. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 10:25 p.m. in the Council Chambers. MOTION: of Sterling, seconded by Erickson, ratifying the, one-year, 1994 Labor Agreement with AFSCME Local No. 479, maintenance employees, as approved by the union on December 8, 1993, including insurance contribution of $330.00 per month, per employee, and wage increase of three percent, and authori- zing execution of the documents. Ayes - 5 - Nays - 0. AFSCME 1994 UNION LABOR AGREEMENT The Council noted that vacancies exist on the Planning Commission and PLANNING COM. Parks & Recreation Committee. Councilmember Goodwin said the Parks PARK & REC. & Recreation Committee was expanded to nine members, including a youth COM. VACANCIES representative, in March. Perhaps that vacancy should not be filled and the Committee left as is. It was noted that only one application was received for the Planning Commission and anyone interested should contact the City Clerk. MOTION: of Erickson, seconded by Sterling, moving the December 30th meeting to December 29, 1993, at 8:00 p.m.; setting informal meetings at 7:30 p.m. on December 15 and 16, 1993; and set- ting a tour of the Police Facility at 5:30 p~m. on December 15, 1993. Ayes - 4 - Nays - 0 (Branntng Abstained). SET MEETINGS CLAIMS & BILLS MOTION: of Erickson, seconded by Humphrey, to pay the claims and bills, check registers dated December 2, 1993, in the amount of $10,927,743.11; and December 9, 1993, in the amount of $3,668,678.45. Ayes - 5 - Nays - 0. The Council said farewell to Inga Cerbule, cultural exchange intern CERBULE from Riga, Latvia, who was with the City for eight weeks and will be FAREWELL leaving December 13, 1993. Ms. Gerbule thanked them for the opportunity to be here and said anyone who would want to visit Riga would be welcome. MOTION: of Humphrey, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:39 o'clock p.m.