Loading...
HomeMy WebLinkAbout04/28/1994CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 28th, 1994, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Counci1members Er£ckson, Goodwin, and Sterling. ABSENT: Councilmember Humphrey. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Molenda, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Erickson, Building Official Hanson, Associate Planner Hickok, Parks & 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. MOTION: of Erickson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. ' APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA APRIL 14, 1994 MINUTES PROCLAIM PEACE OFFICERS MEMORIAL DAY RES. 1994-128 KMART POLICE DONATION RES. 1994-129 AUXILIARY GAMBLING EXEMP 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 Erickson, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Goodwin, approving the minutes of the regular meeting of April 14th, 1994, as written. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, proclaiming May 15, 1994, as "Peace Officers Memorial Day", recognizing law enforcement officers who have died in the line of duty. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-128 accepting, with thanks, the donation of a Genrac power generator, a Realistic VCR, and a 386 Packard Bell laptop computer for the Police Department from Kmart. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-129 approving an Exemption From Lawful Gambling License for American Legion Auxiliary, Unit 1776, for a raffle on July 1 and 2, 1994, and waiving any waiting period for Gambling Control Board approval. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-130 receiving the preliminary engineering report on Project 94-351, Alimagnet Landing Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 26, 1994. Ayes - 4 - Nays - O. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-131 directing the City Engineer to prepare plans and specifications for Project 94-351. Ayes - 4 - Nays - O. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-132 approving issuance of a subdivision grading permit for Alimagnet Landing as recommended by the City Engineer. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-133 receiving the preliminary engineering report on Project 94-439, Diamond Path Townhouses Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on May 26, 1994. Ayes - 4 - Nays - O. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-134 directing the City Engineer to prepare plans and specifications for Project 94-439. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-135 approving plans and specifications for Project 94- 435, Lampert's Lumber Parking and Storage Lot Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on May 26, 1994. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-136 accepting dedication of 3.44 acres, for ponding purposes, from LGS Concord related to the Enderes Tools Co. site north of County Road 42 and west of Pilot Knob Road. Ayes - 4 - Nays - 0. of Erickson, seconded by Ooodwin, approving a Drainage and Utility Easement from LGS Concord, related to the Enderes Tools Co. site north of County Road 42 and west of Pilot Knob Road, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-137 awarding the contract for Refurbishing 1979 Pumper/Telesquirt, Fire Unit 4984, to Emergency Equipment Refurbishing, the low bidder, with options 2, 3, 4 and 5, in the total amount of $51,465.00. Ayes - 4 - Nays - 0. RES. 1994-130 PROJ. 94-351 PUBLIC HEARINQ RES. 1994-131 PROJ. 94-351 PI~S & SPECS, RES. 1994-132' ALIMAGNET LND. GRADING PERMIT RES. 1994-133 PROJ. 94-439 PUBLIC HEARINQ RES. PROJ. 94-449 PLANS & SPECS. RES. 1994-135 PROJ. 94-435 TAKE BIDS RES. 1994-136 ENDERES TOOLS POND DEDICATNi ENDERES TOOLS DRAINAGE & UTIL, EASEMENT RES. 1994-137' AWARD FIRE CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 P~g~ 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1994-138 awarding the contract for Project 94-437, 1994 Street Maintenance Program, to McNamara Contracting Go., Inc., the low bidder, in the amount of $726,450.50. Ayes 4 - Nays - 0. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-139 awarding the contract for Project 94-444, Enderes Tools Utility and Street Improvements, to McNamara Contracting Co., Inc., the low bidder, in the amount of $253,942.00. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, adopting Resolution No. 1994-140 awarding the contract for Project 94-458, Trunk Storm Sewer Improvements, to Hydrocon, Inc., the low bidder, in the amount of $85,895.00. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, approving the Reimburse- ment and Pipeline Relocation Agreement with Williams Pipe Line Company, at an estimated cost of $91,100.00 related to 140th Street Reconstruction, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, approving the Utility Relocation Agreement with WilTel, Inc., for fiber optic cable relocation related to 140th Street Reconstruction, authorizing the Mayor and Clerk to sign the same, and authorizing payment of $10,000.00 as the City's share of the costs. Ayes - 4 - Nays - 0. of Ertckson, seconded by Goodwin, approving contracting with AppliedGraphtcs for evaluation of proposals received for Police/Fire Computer Aided Dispatch and Records Management Systems as described in its letter dated April 21, 1994. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, receiving the Fire Department's 1993 Annual Report. Ayes - 4 - Nays - 0. of Erlckson, seconded by Goodwin, temporarily appointing John Gretz as City Administrator, at an annual salary of $75,000, effective April 15, 1994. Ayes - 4 - Nays - 0. of Erickson, seconded by Goodwin, temporarily appointing Richard Kelley as Community Development Director, at an annual salary of $56,100, effective April 29, 1994. Ayes - 4 - Nays - 0. RES. 1994-138 PROJ. 94-437 AWAED CONTRACT RES. 1994-139 PROJ. 94-444 AWARD CONTRACT RES. 1994-140 PROJ. 94-458 AWARD CONTRACT WMS. PIPELINE RELOCATION AGREEMENT WILTEL CABLE RELOCATION AGREEMENT APPLIEDGRAPHIC SOFTWARE EVALUATION FIRE DEPT. 1993 REPORT APPOINT GRETZ CITY ADMIN. APPOINT KELLEY COM. DEV. DIR. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Page 4 MOTION: of Erickson, seconded by Goodwin, approving promotion of Pamela Gackstetter to the position of Administrative Secretary for Public Works effective April 20, 1994. Ayes 4 ~ Nays - O. GACKSTETTER SEC. PROMOTE RIPLEY ACCT. PROMOTION HIRE SMITH POLICE OFFICER HIRE SCHILLING CUSTODIAN MOTION: of Erickson, seconded by Goodwin, approving promotion of Gail Ripley to the position of Utilities Accountant effective April 25, 1994. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving hiring Jeffrey Smith for the full-time position of Police Officer effective May 12, 1994. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, approving hiring David Schilling for the full-time position of Maintenance Worker/ Custodian effective April 29, 1994. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, authorizing filling the position of Receptionist/Clerk-Typist, in the Police Department, as described in the Personnel Report dated April 28, 1994. Ayes - 4 - Nays - O. HIRE POLICE RECEPTIONIST MOTION: of Erickson, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated April 28, 1994. Ayes - 4 - Nays - 0. HIRE SEASONAL EMPLOYEES TEMPORARY SEC. SERVICE MOTION: of Erickson, seconded by Goodwin, approving contracting with CUI-Career Temps for Administration secretarial services as described in the Personnel Report dated April 28, 1994. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mr. Hickok reviewed the Planning Commission's recommendation on the FOXMOORE II proposed Foxmoore II development located south of 141st Street and TOWNHOMES west of Essex Avenue. It has 52 townhouse units on a site laid out with 60 percent open green space. This multiple zoning district requires the total building face be 50 percent brick. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. RES. 1994-141 1994-141 authorizing submitting the Comprehensive Plan FOXMOORE II amendment (from RB, MD and LD to MD) for Foxmoore II to the COMP. PLAN Metropolitan Council, as recommended by the Planning AMENDMENT Commission. Councilmember Erickson asked for clarification of differences in the A, B and C multiple zoning categories. Mr. Hickok said all three require 50 percent brick building face. C allows manmade siding as well without a conditional use permit. Other differences involve building setbacks and lot coverage. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Page 5 Mr. Gretz noted, for further clarification, the ordinance does not mean 50 percent of each side of the building has to be brick; just 50 percent of all building faces. Bill Diedrich, the developer, was present and explained problems using brick. Options on the units allow for cantilevers, screen porches, decks and bay windows making brick difficult to use. He showed building sketches which use about 25 percent brick. Mr. Hanson said putting brick siding on a cantilever wall is a problem, but brick could be used on the front and around bay windows. Instead of a cantilever, the foundation could be moved out to the same size as the wall. Mr. Diedrich said most requests are for larger main floor space rather than a larger basement. Using a cantilever wall reduces the cost of enlarging the main floor space. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1994-142 approving the preliminary plat of Foxmoore II for 52 lots and two outlots, with conditions as recommended by the Planning Commission, and directing preparation of a subdivision agreement. Ayes - 4 - Nays - 0. RES. 1994-142 FOXMOORE II PRELIM. PLAT MOTION: of Erickson, seconded by Goodwin, adopting a resolution FOXMOORE II authorizing issuance of a building permit for 52 townhouses BLDG. PERMIT in Foxmoore II, with 50 percent brick required on the building face, as recommended by the Planning Commission. The Council discussed the brick building material requirement and whether it is needed in all multiple zoning classifications. It was noted that this is a requirement in the current ordinance. Gouncilmember Sterling said she would like to see an architectural rendering of the buildings using 50 percent brick. MOTION: of Sterling, seconded by Goodwtn, tabling consideration of Foxmoore II building permit until May 12, 1994. Ayes - 4 - Nays - 0. TABLE MOTION FOXMOORE II PRELIM REPORT MOTION: of Sterling, seconded by Goodwin, directing the City Engineer to prepare a preliminary feasibility report for Foxmoore II Utility Improvements. Ayes - 4 - Nays - 0. Mr. Kelley reviewed the Planning Commission's recommendation on the PANNEKOEKEN proposed Pannekoeken Restaurant located on the southeast corner of RESTAURANT County Road 42 and Gleason Path. It included a request to replat PROPOSAL Outlot A, Southport 2nd Addition, as the City requires before a build- ing permit is issued; however, the County indicated an additional 25 feet of right-of-way for County Road 42 will be required if it is replatted. The County Plat Commission denied the request for a variance. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Page 6 MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1994-143 waiving the requirement to replat Outtot A, Southport 2nd Addition, and allowing building construction of Pannekoeken Restaurant to occur subject to documents providing drainage and utility easements and an assessment agreement for improvements. RES. 1994-143 OUTLOT PLAT WAIVER FOR PANNEKOEKEN Mayor Branning asked the implications of leaving the property as an outlot? Mr. Kelley said it is already platte~ and utilities are in place. The necessary easements can be provided by documents recorded against the property. Todd Novacek, the developer, was present and reviewed building plans with the Council. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1994-144 authorizing issuance of a building permit for Pannekoeken Restaurant on Outlot A, Southport 2nd Addition, with conditions as recommended by the Planning Commission, and the east building elevation constructed as shown on Alternate C. Ayes - 4 - Nays - 0. RES. 1994-144 PANNEKOEKEN RESTART BLDG. PERMIT Bob Bro, of AppliedGraphics, commented on proposals for local and wide COMPUTER arsa computer networks which were evaluated at the City's request. NETWORK PROP. Dave Steimer and Larry Hazel, working with Mr. Bro, prepared the EVALUATIONS technical evaluations. Mr. Steimer was present to review the recom- mendations. He commented on the criteria against which the proposals were compared and noted that all five vendors were capable of doing the project. In the final rankings, AmeriData and Unisys were scored the highest and further negotiations should be conducted with these two vendors. The proposals were submitted based on a very broad request by the City. Before a contract can be prepared with a vendor, the City needs to refine its specifications as to what will actually be installed. Councilmember Erickson commented that he believed pricing should have been given more weight in the evaluation criteria and also said he would like to have Digital Equipment Corporation considered as a third vendor for further negotia- tion. Mr. Steimer reviewed the rankings and explained assumptions used to make cost comparisons since not all cost data was provided in a comparable manner by the vendors. MOTION: of Sterling, seconded by Goodwin, authorizing further negotiation with AmeriData and Unisys, the two most responsive proposers, in preparation of a contract for procurement of Local and Wide Area Computer Network installation and directing a report back within 45 days. COMPUTER NET- WORK PROPOSAL NEGOTIATION Mr. Steimer said the negotiations would include requesting specific recommen- dations and quotations on turnkey installation and a plan for backup. A final recommendation should be able to be made in 45 days. CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Page 7 Vote was taken on the motion. Ayes - 3 - Nays - 0 (Erickson Abstained). MOTION: of Goodwin, seconded by Sterling, approving a Contractor Agreement with AppliedGraphics Limited Partnership for project management of Local and Wide Area Computer Network installation, at a fixed fee of $42,000.00~ and authorizing the Mayor and Clerk to sign the same. APPLIEDGRAPHIC PROJECT MANAG. AGREEMENT Councilmember Goodwin asked whether contracts are usually done on a fixed fee or percent of contract? Mr. Bro said, after meeting with Staff, it became apparent that they will need to work wi~h the City~ to determine how the network will be used as well as monitoring the prime contractor on the installation; thus, the fixed fee seemed more appropriate. Councilmember Ertckson asked whether the City should be looking at bringing someone on Staff to do this work rather than using consultants and asked for information on how much has been spent on computer consultant fees. Mr. Steimer said at some point the City will require someone on Staff; however, right now it has no basis on which to judge what it wants and how it should be done. Vote was taken on the motion. Ayes - 4 - Nays - 0. The City Clerk reviewed her memo dated April 25, 1994, including amending liquor sales volumes, by 10 percent, along with making other fee adjustments. The Council accepted the second reading of the pro- posed ordinance. ORDINANCE AMENDING FEES ORDINANCE 572 RES. 1994-145 FEE AMENDMENTS MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 572 amending City Code Section 1-23 by increasing fees and charges for various licenses, permits and services, including adjusting liquor sales volumes by 10 percent; and adopting Resolution No. 1994-145 increasing certain other fees for services; all effective May 1, 1994. Ayes - 4 - Nays - 0. Mr. Gretz gave the second reading of an ordinance amending City Code ORDINANCE GAT Section 5-5(c) requiring cats to be vaccinated against rabies at 36- VACCINATIONS month intervals instead of 12-month intervals. The amendment is proposed to bring the Code in compliance with new veterinarian practices. MOTION: of Goodwin, seconded by Ertckson, passing Ordinance No. 573 ORDINANCE 573 amending Section 5-5(c) of the Gtty Code by requiring cats GAT RABIES to be vaccinated against rabies at 36-month intervals. Ayes VACCINATIONS - 4 - Nays - 0. Mr. Hickok reviewed his memo dated April 28, 1994, and gave the first reading of a proposed ordinance establishing vending cart licensing and regulations. It would allow for licensing four food and beverage vending carts to operate in the downtown area. The Council accepted the first reading of the ordinance. FIRST READING VENDING CART ORDINANCE CITY OF APPLE VALLEY Dakota County, Minnesota April 28, 1994 Page 8 MOTION: of Sterling, seconded by Goodwin, setting a special informal SET INFORMAL meeting, at 6:00 p.m., on May 5, 1994,'at City Hall, to MEETING discuss general organizational issues. Ayes - 4 - Nays - 0. Councilmember Erickson asked what the current traffic situation is at GALAXIE/CR 42 Galaxie Avenue and County Road 42? Mr. Gretz said the County will be TRAFFIC REPORT adding a left-turn arrow, but it will not be installed until later this summer. Captain Erickson said the timing of the green light has been adjusted and traffic backup from the 140th Street detour has been minimized. They will continue to monitor the area. Mayor Branning said the next Dakota County League of Governments meeting will be held May 11, 1994, and will include a video conference on reinventing government. As final details become available, they will be provided to the Council. DAKOTA LEAGUE MEETING CLAIMS & BILLS MOTION: of Erickson, seconded by Starling, to pay the claims and bills, check registers dated April 21, 1994, in the amount of $543,615.44; and April 28, 1994, in the amount of $268,015.87. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:45 o~clock p.m.