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.