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HomeMy WebLinkAbout02/25/1993CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 25th, 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 Metena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Cook, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Assistant City Administrator Weldon and Community Development Director Welsch. 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 Humphrey, 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. Jeff Krause, YOUTH ATHLETIC President of Valley Athletic Association, and Tom Neumann, President PETITION of Rosemount Area Athletic Association, presented a petition asking the Council to solve the problem of a shortage of playing fields in the City. They asked that the $3,000,000 excess fund balance be dedicated for field space and noted that the 3,488 signatures on the petition support this request. Mr. Krause commented on Apple Valley Hockey Association's proposal for a second ice sheet and suggested the Council commit all the excess funds for these purposes. Councilmember Sterling asked if all signatures are from Apple Valley residents? Mr. Neumann said they only solicited signatures in Apple Valley, but there are signatures from residents of Rosemount and other cities as well. Councilmember Goodwin said the number of signatures on this petition impresses the importance of the problem. For clarification, the VAA and RAAA memberships follow high school boundaries so they do cross City lines. Mr. Neumann said 42 percent of RAAA members are Apple Valley residents. Councilmember Erickson asked how much of the $3,000,000 requested might be needed for land acquisition costs? Mr. Johnson said preliminary estimates show land will cost approximately $1,000,000 to $1,500,000. Park dedication funds may be able to be used for some of this funding. Councilmember Erickson said he would like to see a further report on land availability and costs. Mayor Branning thanked the organizations for their efforts in bringing the issue before the Council and said it will be on a future agenda for consideration. Wilton Anderson, 5441 West 134th Street, said he does not support spending any more City funds on athletic facilities until other issues are addressed in the City. Those issues are debt reduction and the cemetery. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Page 2 MOTION: of Sterling, seconded by Goodwin, moving extension of the contract award date for Project 92-384, Auto Park Improvsments, 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 Goodwin, approving the minutes of the regular meeting of February 11th, 1993, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-30 accepting, with thanks, the donation of a vehicle by Robert Henkes to ths Fire Department. Ayes 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-31 establishing a policy for retention and duplication procedures for meeting video tapes; which recording and cablecasting will begin April 1, 1993, with all regular meetings of the City Council and Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-32 supporting the offer of the City of Waseca and University of Minnesota to the Federal Bureau of Prisons to locate a Federal correctional facility at Waseca, Minnesota. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-33 receiving the preliminary engineering report on Project 93-410, Pennock Point Utility and Street Improvements, and setting a public hsaring on it at 8:00 p.m. on March 11, 1993. Ayes - 5 ~ Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-34 approving the specifications for a 35,000 pound single axle cab chassis and authorizing advertising for bids to be received at 2:00 p.m. on March 16, 1993. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-35 approving the specifications for a dump body and snow plow equipment (to be mounted on truck chassis) and authorizing advertising for bids to be received at 2:00 p.m. on March 16, 1993. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-36 approving plans and specifications for Project 93- 405, 1993 Street Maintenance Program, and authorizing advertising for bids to be received at 2:00 p.m. on March 25, 1993. Ayes - 5 ~ Nays - 0. CONSENT AGENDA FEB. 11, 1993 MINUTES RES. 1993-30 FIRE DEPT. DONATION RES. 1993-31 MEETING TAPING POLICY & COPY RES. 1993-32 WASECA PRISON LOCATION RES. 1993-33 SET HEARING PROJ. 93-410 RES. 1993-34 TAKE BIDS CAB CHASSIS RES. 1993-35 TAKE BIDS SNOW PLOW/BODY RES. 1993-36 TARE BIDS PROJ, 93-405 CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Page 3 MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-37 awarding the purchase of a 16-foot large scale rotary mower for Park Maintenance to M.T.I. Distributing, the only bidder, in the amount of $56,942.36, less trade-in of $4,800.00, for a net amount of $52,142.36. Ayes - 5 - Nays - O. RES. 1993-37 AWARD PARK MOWER PURCHASE RES. 1993-38 AWARD PATCHER UNIT PURCHASE STREET MNTG. JOINT POWERS AGREEMENT SUBDIVISION BOND REDUCTION MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1993-38 awarding the purchase of a single axle cab chassis equipped with a self-contained road repair patching system to ScanRoad, Inc., the low bidder, for the optional demon- strator unit, with delivery, in the amount of $59,887.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving the Joint Powers Agreement with the Cities of Burnsville, Eagan, Lakeville, Rosemount and Savage for 1993 purchase of traffic markings street sweeping and seal coating services and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Goodwin, approving reduction of financial guarantees for Pilot Knob Estates 9th Addition, for off-site improvements, from $70,000 to $50,000; and for landscaping, from $63,000 to $50,000. Ayes - 5 - Nays - O. MOTION: of Sterling, seconded by Goodwin, receiving notification by the Metropolitan Council of bikeway/walkway projects approved for funding in 1993 by the Interim Federal Surface Transportation Program and advising that applications for future proposals will be solicited in April of 1993. Ayes 5 ~ Nays - 0. MET COUNCIL PATHWAY GRANTS FOR 1993 MOTION: of Sterling, seconded by Goodwin, approving hiring Karen HIRE POLICE Shaw for the fulltime position of Police Officer effective OFFICER SHAW March 12, 1993, as listed in the Personnel Report dated February 25, 1993. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning said he is meeting with the principals involved in the A.V. FORD/AUTO Apple Valley Ford Addition development February 26, 1993. He will be PARK PROJECT discussing alternatives to the design now requiring closure of 151st Street. Me asked the Council to make extension of bids for the improvement contract contingent on successful negotiation of alternate design. MOTION: of Sterling, seconded by Erickson, authorizing extension of time to award the contract for Project 92-384, Auto Park (Apple Valley Ford Addition) Utility and Street Improve- ments, until March 11, 1993, contingent on the Mayor successfully negotiating access for 151st Street with the developers and authorizing the Mayor to sign the same. EXTEND AWARD DATE AUTO PARK PROJ. 92-384 CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Page 4 Councilmember Erickson said he undsrstood there were no alternatives to closing 151st Street through the site and asked why it would become negotiable now? Mayor Branning said he expressed his concern about traffic flow to the principals involved in the development. He asked them to meet with him to discuss any possible alternatives which they have agreed to do. Councilmember Humphrey said he objects to including a statement about the Mayor's signature in the motion since there is nothing to be signed. The only action is accepting the contractor's offer to extend and hold the low bid prices. Vote was taken on the motion. Ayes - 4 ~ Nays - 1 (Humphrey). MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1993-39 authorizing prepayment of $2,240,000 Public Facility Revenue Bonds, Series 1990, by the Apple Valley Economic Development Authority and appropriating $1,557,559.00 from the special assessment sinking fund for this purpose. RES. 1993~39 PREPAY CMF REVENUE BONDS Mr. Melena said by using other funds to pay off this debt early, the City will save almost $400,000 in interest costs. Steve Mattson, of Juran & Moody, was present and explained the refinancing process. Depending on bond rates, the securities needed to guarantee the bonds may be able to be purchased tomorrow. Councilmember Goodwin said he is concerned that using the City's excess funds for this purpose will limit its availability for other uses; such as land acquisition for a youth athletic complex. He does not believe the funds need to be used at this time. Councilmember Humphrey said he believes there are adequate funds that, combined with park dedication funds, would allow land acquisition. Mayor Branning said there are other means to acquire youth athletic fields including park dedication funds. He supports use of sinking fund money for this debt reduction rather than for discretionary uses. Roger Tadsen, 115 Belmont Road, said he supports the expenditure of funds for athletic fields and also supports defeasance of the bonds. He understands the City has a total fund balance of $7,250,000 and is concerned that the legislature may restrict it's use. He believes the funds should be dedicated for some use as a protective measure. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Goodwin). Mr. Melena said the final design proposal for the new police facility at the southwest corner of 147th Street and Galaxie Avenue is being presented tonight. The County's Physical Development Committee met February 23, 1993, and approved the concept of moving the building 100 feet to the south and the concept of shared parking. NEW POLICE FACILITY CONSTRUCTION CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Page 5 John Natwick, the architect, reviewed the two phases of the design. The first phase will be the police facility with potential for a future City Hall on the site as the second phase. He showed renderings of the building design and samples of the brick being specified. Mr. Melena said the projegt budget, as described in Mr. Weldon's memo dated February 22, 1993, has been revised to $3,200,000 from $3,000,000. He distributed an update of the City's final 1992 general fund budget information. It is recommended that $200,000 of the 1992 surplus be used to fund the cost added to the police facility project. Wilton Anderson, 5441 West 134th Street, asked why an additional $100,000 is being spent for amenities on the site and building instead of using the money to hire additional officers? Mayor Branning said the building will be there for some time and it is important to have it done right. Other developers are asked to do these types of things and the City should do the same on its projects. John Bossardt, Construction Manager, reviewed the details of the budget summary as described in Mr. Weldon's memo dated February 22, 1993. It totals $2,800,000 with $400,000 being allowed for communications equipment bringing the project total to $3,200,000. Councilmember Humphrey asked what the basement will be constructed of? Mr. Bossardt said the specifications call for concrete block but precast concrete could be bid as an alternate which they will do. Mr. Bossardt reviewed the project schedule with construction beginning by May let and completion in January of 1994. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1993-40 approving plans and specifications for Bid Package No. 2 of the new Police Facility Building and authorizing advertising for bids to be received at 2:00 p.m. on March 30, 1993. Ayes - 5 - Nays - 0. RES. 1993-40 TAKE BIDS PACKAGE 2 POLICE STN. REVISED POLICE FACILITY BUDGET RES. 1993-41 TAKE BIDS PROJ. 92-398C MOTION: of Humphrey, seconded by Goodwin, approving a revised budget for the Police Facility Project of $3,200,000 with funding of $2,000,000 from capital buildings fund, $1,000,000 from capital improvement fund and $200,000 from 1992 general fund surplus. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1993-41 approving plans and specifications for Project 398C, Police Facility Utility, Grading and Parking Lot Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on March 25, 1993. Councilmember Sterling expressed concern about installing a driveway from 147th Street with a direct line of travel across the front of the new building to the government center. CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Page 6 Councilmember Goodwin asked how many vehicles per day might use this route? Mr. Gordon said it is difficult to estimate, but, based on parking spaces, if 10 percent of that number of vehicles use this entrance, that would be 100 vehicles per day. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Erickson, seconded by Goodwin, passing Ordinance No. 551 amending City Coda Section 14-4 by making it unlawful to enter or remain in a public place after being ordered to leave by authorities. Ayes - 5 - Nays - O. ORDINANCE 551 UNLAWFUL ENTRY PUBLIC PLACES STERLING ALF BOARD APPOINT. TABLE OTHER APPOINTMENTS EXPENDITURE OF PARK DEDICA- TION FUNDS MOTION: of Humphrey, seconded by Goodwin, appointing Councilmember Sterling as the City's representative on the ALF Ambulance Joint Powers Operating Board. Ayes ~ 5 - Nays - O. MOTION: of Erlckson, seconded by Goodwin, tabling consideration of Commission and Committee appointments until March 11, 1993. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing the expenditure of $121,000 of Park Dedication Funds for park improvements as recommended by the Parks & Recreation Advisory Committee and described in the Director's memo dated February 19, 1993. Ayes - 5 ~ Nays - 0. Mr. Johnson reviewed his memo dated February 19, 1993, concerning ATHLETIC NEEDS ranking of athletic needs in the City. The Parks & Recreation RANKINGS Advisory Committee reviewed the Youth Athletic Needs Study Committee report, as directed by the Council, and submitted its prioritization of the needs identified. They are first, athletic play fields; second, additional indoor ice; and third, additional gym space. The Council received the report. Mr. Melena said other options have been idantified for reconstructing PALOMINO DRIVE the intersection of Palomino Drive and County Road 11 following the COUNTY ROAD 11 public comment received January 14, 1993. Mr. Gretz reviewed his INTERSECTION .. memo dated February 16, 1993, describing the options and showed a revised layout for Option D, terminating Palomino Drive with a cul de sac at Hunters Way and extending Hunters Way south to the 137th Street alignment then west to County Road 11. MOTION: of Goodwin, seconded by Erickson, directing Staff to begin negotiations for right-of-way exchange to allow relocation of the intersection of Palomino Drive and County Road 11 by extending Hunters Way south to 137th Street, recommended as Option D of the Public Works Director's memo dated February 16, 1993, and revised with Palomino Drive terminating in a cul de sac; and directing simultaneous negotiation with Dakota County and Burnsville for commitment on a traffic signal at the relocated intersection; noting that any future construction will include appropriate traffic signage. NEGOTIATE FOR PALOMINO/OR 11 HUNTERS WAY RIGHT-OF-WAY & SIGNAL CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 1993 Page 7 Councilmember Erickson asked if property along County Road 11 will have access to it? Mr. Gretz said MnDOT has access restrictions along Gounty Road 11 which would have to be vacated before that could be allowed. Access would be from the cul de sac or extension of Hunters Way. Councilmember Humphrey said a cul de sac at the end of Palomino would not be necessary unless the property owner wants it. He has asked the MVTA consultant working on park and ride sites to look at this site as one that might be able to be combined with a convenience center. Councilmember Goodwin said the two intersections are too close together and somehow it needs to be reduced to one intersection. Mayor Branning asked what the City's cost will be? Mr. Gretz said if the right- of-way can be negotiated, MSA funds can be used on the signal and road. The cost of either relocation would be about the same, $100,000. Ray Connelly, of Apple Valley Development, said he cannot object to closing Palomino Drive and relocating the access with a service drive because that is the deal that was made when the State took the right-of-way. He does not agree with a cul de sac or extending Hunters Way as the access. If anything other than what was agreed on with the State is done, he may ask to reopen the condemnation. John Serio, 8740 Hunters Way, said he is concerned about extending Hunters Way and would not support anything that would increase traffic on Hunters Way. He questioned whether the planned development zoning for a gas station and hotel, is still a valid land use today and whether the Planning Gommission should be looking at it again. Joe Grice, 8770 Hunters Way, aid his house is closest to Palomino Drive now and he prefers the original plan; relocating the intersection with an attached service drive, David Rademaker, 8723 Highwood Way, said he is concerned that extending Hunters Way to the south will allow too much traffic into the neighborhood. Councilmember Erickson asked why Staff brought the recommendation forward? Mr. Gretz said this is the first step. If the State will not consider swapping right-of-way and if a signal is not installed, the project could not proceed. Mayor Branning observed that an extension of Hunters Way would open up additional land for development. There could be townhouses on both sides of the street. If an attached service drive were constructed, all access for property to the south would be from Palomino Drive. There would probably be some type of road along the Hunters Way extension alignment anyway since access should line up at the intersection. The west service drive is a road connection; the east alignment is a traffic connection. CITY OF APPLE VALLEY Dakota County, Minnesote February 25, 1993 Page 8 Councilmember Sterling asked what type of traffic control would be at the new intersection of Palomino and Hunters Way? Mr. Gretz said it would depend on whether there is a cul de sac. There could be stop signs on tho cul de sac and on Palomino with Hunters Way as a through street. Councilmember Humphrey asked Mr. Connelly for his opinion on the options. Mr. Connelly said they do not need a cul de sac. The only option at this time is the agreement with the State for access via the attached service drive. Councilmember Goodwin said he prefers the cul de sac because it could be a focus for whatevar commercial development might occur. It would direct traffic and discourage it from continuing north on Hunters Way. Mr. Connelly said they have had a plan prepared, which has never been presented to the City, looking at options for moving Hunters Way. Mr. Serio said he wants assurance that whatever is done with the intersection will include some provisions or signage to direct traffic onto Palomino Drive instead of Hunters Way. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Humphrey Abstained), MOTION: of Erickson, seconded by Sterling, setting an informal meeting with the Planning Commission at 6:00 p.m. on March 3, 1993, at City Hall. Ayes ~ 5 - Nays - 0. SET INFORMAL MEETING Mr. Melena reminded the Council of the National League of Cities Congressional Conference in Washington, D.C., and noted he and the four Councilmembers will be attending. Mr. Weldon will serve in the capacity of Acting City Administrator during this time; March 5 to 9, 1993 NLC CONFERENCE ATTENDANCE., The Council received a final report dated February 18, 1993, from the Employee Recognition Party Committee along with a note expressing the Committee's appreciation. RECOGNITION PARTY REPORT Mayor Branning read a note from Dorothy Kitzman expressing appreciation RESPONSE for the Ambulance and Police personnel who responded to the call when APPRECIATION her husband, Gene, needed emergency assistance. MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check register dated February 18, 1993, in the amount of $6,351,608.38; and February 24, 1993, in the amount of $1,953,177.03. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:37 o'clock p.m.