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HomeMy WebLinkAbout08/11/1994CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August llth, 1994, 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 Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Captain Erickson, Administrative Intern Grawe, Community Development Director Kelley, Public Works Director Miranowski and Lead Dispatcher Nelson. Mayor Branning called the meeting to order at 8:00 p.m. The Councilmembere 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 Humphrey, seconded by Sterling, adding hiring an additional part-time employee to the consent agenda; moving consideration of an investigation fee for firearms permits to the regular agenda; and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Sterling, approving the minutes of the regular meeting of July 28th, 1994, as written. Ayes - 5 - Nays - 0. JULY 28, 1994 MINUTES RES. 1994-243 ELECTION JUDGE MOTION: of Humphrey, seconded by Sterling, ~d0pting Resolution No. 1994-243 appointing judges for the September 13, 1994, Primary Election as listed in the resolution. Ayes - 5 -- Nays - 0. RES. 1994-244 FIRE RELIEF GAMB. EXEMPT. 1994 OAK WILT GRANT AGREEMENT MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-244 approving the application of Apple Valley Fire- fighters' Relief Association for an Exemption from Lawful Gambling License for an event on September 17, 1994, and waiving any waiting period for State Gambling Board approval. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving the Minnesota 1994 Oak Wilt Cooperative Suppression Program Subgrant Agreement, for $35,000.00 of assistance, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Page 2 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION MOTION MOTION: MOTION: of Humphrey, seconded by Sterling, approving issuance of temporary on-sale beer licenses to Midwest Sport Events, Inc., for use on August 27 & 28 and September 10 & 11, 1994, at Eastview Athletic Complex. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving a special use permit for outdoor nonprofit organization food sales at Von Hansons Meats, 7533 West 148th Street, from August 12, 1994, through August 11, 1995. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving extension of the church use in Planned Development District No. 409 for Unity of the Valley, at 14690 Galaxie Avenue, as authorized by Resolution No. 1992-10, to expire December 9, 1995. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1994-245 approving the final plat and subdivision agroement for Brabec Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, granting a setback variance to allow construction of the garage portion of a now house to within 26 feet of the front lot line on Lot 10, Block 2, Cherry Oak Estates, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, receiving the traffic analysis report of Glen Van Wormer, dated June 10, 1994, on the Carroll Center development east of Cedar Avenue between 155th and 157th Streets. Ayes - 5 - Nays - 0. TEMPORARY BEER LICENSES VON HANSON'S SPECIAL USE PLANNED DEV. CHURCH USE EXTENSION RES. 1994-245 BRABEC ADDN. FINAL PLAT VARIANCE CHERRY OAR ESTATES CARROLL CTR. TRAFFIC REPORT of Humphrey, seconded by Sterling, adopting Resolution No. RES. 199 1994-246 authorizing issuance of a building permit for an A.V. FOR accessory electrical generator on Lot 1, Block 2, Apple GENERATOR Valley Ford Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1994-247 authorizing issuance of a subdivision grading permit for Middle School No. 6, as recommended by the City Engineer. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1994-248 authorizing issuance of a grading permit to Shepherd of the Valley Lutheran Church, 12650 Johnny Cake Ridge Road, for parking lot expansion, as recommended by the City Engineer. Ayes - 5 - Nays - 0. RES. 1994-247 MIDDLE SCHOOL 6 GRADING RES. 1994-248 SHEPHERD OF VALLEY PARKING CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Page 3 MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1994-249 receiving the preliminary engineering report for Project 94-349, Cedarwick Utility and Street Improvements, and setting a public hearing on it at 8:00 p.m. on September 8, 1994. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1994-250 directing the City Engineer to prepare plans and specifications for Project 94-349, Cedarwick Utility and Street Improvements. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, adopting Resolution No. 1994-251 approving specifications for Project 94-463, Repainting 2.0 MG Nordic Water Reservoir, and authorizing advertising for bids to be received on September 1, 1994, 2:00 p.m. Ayes - 5 - Nays - 0. at of Humphrey, seconded by Sterling~ approving Change Order No. 3 to the contract with Erickson Construction for Project 93-408, The Woodwinds 1st Addition Utility and Street Improvements, in the amount of an additional $5,055.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 118 to the contract with Ridgedale Electric, Inc., for Police Facility Construction in the amount of an additional $200.00. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, approving Change Order No. 1 to the contract with General Safety Equipment Corp. for the new Fire Rescue Pumper Truck in the amount of an additional $500.00. Ayes - 5 - Nays - 0. RES. 1994-249 SET HEARING PROJ. 94-349 RES. 1994-250 PLANS & SPECS. PROJ. 94-349 RES. 1994-251 TAKE BIDS PROJ, 94-463 CHANGE ORDER 3 PROJ. 93-408 CHANGE ORDER POLICE BLDG. CHANGE ORDER 1 FIRE PUMPER of Humphrey, seconded by Sterling, accepting Project 93-408, The Woodwinds 1st Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Erickson Construction in the amount of $12,746.01. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, accepting Project 93-421, County Road 42 and Cedar Avenue Turn Lanes, as final and authorizing final payment on the contract with Bituminous Consulting & Contracting in the amount of $3,160.55. Ayes - 5 - Nays - 0. of Humphrey, seconded by Sterling, accepting various contracts for Police Facility Construction as final and authorizing release of performance bonds as listed in the Personnel Director's memo dated August 11, 1994. Ayes - 5 - Nays - 0. FINAL PAYMENT PROJ, 93-408 FINAL PAYMENT PROJ, 93-421 FINAL ACCEPT. POLICE BLDG. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Page 4 MOTION: of Humphrey, seconded by Sterling, accepting the new Fire Rescue Pumper Truck as final and authorizing final payment on the contract with General Safety Equipment Corp. in the amount of $121,378.00. Ayes - 5 - Nays - 0. FINAL PAYMENT FIRE PUMPER FINAL PAYMENT REFURBISHED FIRE UNIT 4984 RENEW EMPLOYEE ASSIST, PROG, LTD RATE INCREASE MOTION: of Humphrey, seconded by Sterling, Fire Pumper/Telesquirt, Unit 4984, final payment on the contract with Refurbishing Company in the amount 5 - Nays - 0. accepting the refurbished as final and authorizing Emergency Equipment of $52,175.00. Ayes - MOTION: of Humphrey, seconded by Sterling, contract with Midwest Professional Assistance Program Services in the Ayes - 5 - Nays - 0. approving renewal of the Services for the Employee amount of $2,315.30. MOTION: of Humphrey, seconded by Sterling, approving an increase in the long term disability insurance rates to $.60 per $100 of monthly payroll effective September 1, 1994. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Sterling, approving hiring Douglas E. King for the full-time position of Assistant Liquor Store Manager effective August 22, 1994, as described in the Per- sonnel Report dated August 11, 1994. Ayes - 5 - Nays - 0. HIRE KING ASST, LI0, MGR MOTION: of Humphrey, seconded by Sterling, approving hiring the HIRE PART~TIM~ part-time employees as listed in the Personnel Report and EMPLOYEES Addendum dated August 11, 1994. Ayes - 5 - Nays - O. END OF CONSENT AGENDA Councilmember Goodwin asked for discussion of an investigation fee FIREARMS for a permit to carry a pistol. Police Captain Erickson said the PERMIT ~ Police Department is required to issue these permits and the previous law did not allow charging a fee. Legislation enacted this year now allows charging a fee of up to $10.00 to cover the costs of conducting a background check for these permits. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1994-252 establishing and authorizing colleotion of a fee of $10.00 for a Firearm Permit in accordance with Minnesota Statutes 624.714, Subd. 6. Ayes - 5 - Nays - 0. RES. 1994-252 FIREARMS PERMIT FEE Mr. Kelley reviewed the Planning Commission recommendation on Barton BARTON SAND & Sand and Gravel's proposal for an expanded mining operation on 80 acres GRAVEL MINI~ acres south of County Road 42 at Johnny Cake Ridge Road. The proposal PROPOSAL requires a revised permit for the existing mining operations on the adjacent 160 acres. The conditional use permit would bring the entire operation under the same regulations. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Page 5 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-253 amending the Land Use Guide Map of the Comprehen- sive Plan by changing the designation for Barton Sand and Gravel from "LI" and "MD" to "LI" and "MD" with a temporary sand and gravel mining overlay as approved by the Metro- politan Council. Ayes - 5 - Nays - 0. RES. 1994-253 BARTON S & G COMP. PLAN AMENDMENT ORDINANCE 581 BARTON S & G REZONING RES. 1994-254 BARTON S & G CONDITIONAL USE PERMIT RES. 1994-255 B;RITON S & G REVISED PERMIT MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 581 rezoning part of Section 35 from "A" (agriculture) to "SG" (sand and gravel mining) for Barton Sand and Gravel Company as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-254 approving a Conditional Use Permit for sand and gravel mining by Barton Sand and Gravel Company, on property south of County Road 42 at Johnny Cake Ridge Road, with conditions set forth therein, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, 1994-255 approving a revised 1994 Permit for Barton Sand and Gravel its Conditional Use Permit. Ayes adopting Resolution No. Sand and Gravel Excavation Company under the terms of - 5 - Nays - 0. Gary Sauer, President of Barton Sand and Gravel Company, was present and thanked the Council for the approval and commended Staff for assistance with turning lane improvements on County Road 42. Mr. Kelley reviewed the report on an amendment to the Comprehensive COMP. PLAN Plan Utility Chapter, Master Electrical Transmission System Plan. AMENDMENT It amends both the text and map and defines the major elements of the UTILITY CHAPT, electrical system within the City, the electric suppliers, and the location of existing and future overhead transmission corridors and major .... essential facilities. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1994-256 amending the Utility Chapter of the Comprehensive Plan by adding a Master Electrical Transmission System Plan for the City as approved by the Metropolitan Council. Ayes - 5 - Nays - 0. RES. 1994-256 COMP. PLAN UTILITY CHAPT, Mr. Kelley reviewed the report on an amendment to the Comprehensive EASTVIEW EXP. Plan changing the land use for development of an athletic complex south COMP. PLAN of 140th Street and west of Johnny Cake Ridge Road. The site was AMENDMENT acquired by the City and will expand the Eastview complex. He showed conceptual sketches of field layouts and noted that an electric substation is proposed to be located on the corner. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Page 6 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1994-257 amending the Land Use Guide Plan Map of the Comprehensive Plan by changing the land use designation south of 140th Street and west of Johnny Cake Ridge Road from "MD", "LI" and "LB", with temporary sand/ gravel mining overlay, to "PK" as approved by the Metropolitan Council. RES. 1994-257 EASTVIEW EXP. COMP. PLAN AMENDMENT Councilmember Sterling asked if the City will be reimbursed by Dakota Electric for the electric substation site? Mr. Kelley said that issue has not yet been addressed and will also require a conditional uss permit. Councilmember Goodwin said he would like to see as small a site as possible taken for that purpose. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 582 rezoning the area south of 140th Street and west of Johnny Cake Ridge Road from "A" (agriculture) and "SC" (sand and gravel) to "P" (institutional), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE 582 REZONE EAST- VIEW EXP, Randy Poulson, of Dakota Electric Association, was present and thanked the Council for its support. The layout of the proposed substation is being finalized and the size needed for the site can then be determined. Larry Hazel, of ApplicdGraphics, the City's computer consultant, re- POLICE/FIRE viewed the recommendation on proposals for the Police/Fire Computer COMPUTER Aided Dispatch and Records Management System dated August 8, 1994. SOFTWANE Of the six proposals received, demonstrations were conducted by the three most responsive. The proposal of Sprint/United Telephone is recommended as the most responsive. Stearns County and the City of St. Cloud ars now negotiating a contract for a similar system. Since many of the requirements are the same, it is expected that the final cost may be reduced somewhat. MOTION: of Erickson, seconded by Goodwin, authorizing proceeding with contract negotiations with Sprint/United Telephone of Minnesota as the vendor for procurement of a Police/Fire Computer Aided Dispatch and Records Management System. Ayes - 5 - Nays - 0. CAD SOFTWARE NEGOTIATIONS APPLIEDGRAPHIO CONSULTANT SERVICES MOTION: of Humphrey, seconded by Goodwin, authorizing up to $8,160.00 for contracting with AppliedGraphics for technical assistance in negotiating for procurement of a Police/Fire Computer Aided Dispatch and Records Management System, as described in its proposal dated August 9, 1994. Gouneilmember Erickson asked that the amount being spent on computer consultant services be tracked. He noted a determination is going to need to be made on doing such work in-house or continuing to use consultants. Vote was taken on the motion. Ayes ~ 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 11, 1994 Page 7 The Council received the proposed 1995 City Budget. Mr. Gretz said 1995 CITY the proposed budget was submitted for the Council's initial review BUDGET with the General Fund balanced at $11,133,667. Several significant items are not included to achieve this status and the impact of a one percent tax rate increase will be presented for the Council's further consideration. MOTION: of Sterling, seconded by Goodwin, setting an informal SET INFORMAL meeting, at 7:00 p.m., on August 18, 1994, to review the MEETING proposed 1995 Budget. Ayes - 5 - Nays - 0. The Council received a letter dated August 9, 1994, from Independent 4TH HIGH School District 196 asking for appointment of a representative to SCHOOL SITE serve on its High School Site Selection Task Force. The task force will meet three or four times, in August and Septembsr, and make a recommsndation to the Board, in October, on a site for a fourth high school. MOTION: of Sterling, seconded by Goodwin, appointing Councilmember Humphrey as the City's official representative on ISD 196's High School Site Selection Task Force. Ayes - 5 - Nays - O. HIGH SCHOOL TASK FORCE MET COUNCIL MEETING Mayor Branning reported on his meeting with Jim Solem, Executive Director, and Dottie Rietow, Chair, of the Metropolitan Council. discussed the MVTA and other transit issues. They Mr. Gretz attended the Dakota County League of Governments meeting in DAKOTA LEAGUE Northfield on August 10, 1994. He reported that the county-wide curfew MEETING ordinance was discussed and received strong support. MOTION: of Humphrey, seconded by Sterling, to pay the claims and bills, check registers dated August 4, 1994, in the amount of $144,403.96; and August 11, 1994, in the amount of $8,719,828.56. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:55 o'clock p.m.