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HomeMy WebLinkAbout08/08/1991CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 8th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey (attended at 9:09 p.m.) and Sterling. ABSENT: None. City staff members present were: City Administrator Helena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Bolaud, Police Captain Cook, Assistant Finance Director Eklund, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Fire Marshal Running, Fire Chief Tuthill, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton 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 Sterling, seconded by Erickson, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA AUDIENCE DISC. Mayor Holton asked if any one 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 Sterling, removing consideration of specifications for boulevard trees from the agenda and approving all remaining consent agenda items with no exceptions. Ayes - 4 - Nays ~ 0. CONSENT AGENDA JULY 25, 1991 MINUTES FIRE RELIEF TAX LEVY CERTIFICATION DRIVEWAY LOT 11, BLK 1, REPLAT PAL. HILLS 6TH CONSENT AGENDA ITEMS MOTION: of Erickson, seconded by Sterling, approving the minutes of the regular meeting of July 25th, 1991, as written. Ayes - 4 - Nays - 0 (Erickson Abstained). MOTION: of Erickson, seconded by Sterling, receiving the Apple Valley Firefighters' Relief Association certification of financial obligation of the City for the Association's Special Fund for 1992 of $30,000. Ayes - 4 ~ Nays - 0. MOTION: of Erickson, seconded by Sterling, authorizing Dakota County to allow a driveway access to Palomino Drive (County Road 38) for a future house on Lot 11, Block 1, Replat of Palomino Hills 6th Addition, subject to construction of a "hammerhead" turn around in the driveway, as recommended by the Planning Commission. Ayes - 4 ~ Nays ~ 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1991 Page 2 MOTION: of Erickson, seconded by Sterling, approving issuance of a party permit to Jim Stinchfield, 8669 - 143rd Street Court, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5(g)(1), valid on August 13, 1991, only. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving Change Order No. G-1 to the contract with McPhillips Bros. Roofing Co. for the City Hall Reroofing Project in the amount of a $61.00 deduction. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, accepting the City Hall ReRoofing Project as final and authorizing final payment on the contract with McPhilltps Bros. Roofing Co. in the amount of $1,248.50. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, amending the 1992 Capital Improvement Program by moving reconstruction of the County Road 42/Cedar Avenue intersection to 1993 and extending the improvements south to include turn lanes at the 153rd Street/Cedar Avenue intersection, for a total project cost.of $800,000. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-175 receiving the preliminary engineering report on Project 91-372, Pilot Knob Estates 7th Addition Utility Improvements, and setting a public hearing on it at 8:00 p.m. on August 22, 1991. Ayes - 4 - Nays - 0. MOTION: of Erickson seconded by Sterling, adopting Resolution No. 1991-176 directing the Engineer to prepare plans and specifications for Project 91-372 for consideration following the public hearing. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991~177 directing the Engineer to prepare plans and specifications for Project 91-374, Embassy Estates 2nd Addition Utility Improvements (ordered originally with Project 91-367, Embassy Estates Improvements). Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, accepting Project 89- 341, Hearthstone Utility and Street Improvements, as final and authorizing final payment on the contract with CECA Utilities, Inc., in the amount of $3,000.00. Ayes - 4 - Nays - 0. ALIMAGNET PARTY PERMIT CHANGE ORDER CITY HALL REROOFING FINAL PAYMENT CITY HALL REROOFING AMEND CIP CR 42/CEDAR INTERSECTION. RES. 1991-175 SET HEARING PROJ. 91-372 RES. 1991-176 PLANS & SPECS PROJ. 91-372 RES. 1991-177 PLANS & SPECS PROJ. 91-374. FINAL PAYMENT. PROJ. 89-341 HEARTHSTONE CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1991 Page 3 MOTION: of Erickson, seconded by Sterling, authorizing reduction of subdivision financial guarantees as follows: Morning- view 4th Addition, from $37,306.00 to 0; Morningview 5th Addition, from $36,000.00 to 0; and Rolling Ridge, from $42,183.00 to $10,181.00. Ayes - 4 - Nays - 0. SUBDIVISION BOND REDUCTIONS FARQUHAR PARK WIRSBO PONY RIDES HIRE SEASONAL EMPLOYEES MOTION: of Erickson, seconded by Sterling, authorizing pony/hay rides at Farquhar Park on September 7, 1991, for Wirsbo Company picnic in accordance with City Code Section 14.5- 3(m). Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Director's memo of August 8, 1991. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Glen VanWormer, of Short, Elliott, Hendrickson, traffic consultant 126TH STREET/ retained by the City, presented a report on the study conducted on DIAMOND PATH the 126th Street/Diamond Path area. He reviewed the history of the TRAFFIC REPORT traffic situation which led to installation of speed bumps by the City. County Road 38, between Pilot Knob and Johnny Cake, is now open to traffic and the number of vehicles traveling 126th/Diamond Path has stabilized. Pilot Knob Road is still under construction which restricts those vehicles traveling north. The.license plate study they conducted showed that the great majority of the vehicles traveling the area were local. The speed bumps have now been removed and traffic has not increased. Mr. VanWormer showed maps and reviewed criteria for the computer generated model of estimated trips per day from different origins in the area to specific destinations. This model was also used in traffic studies for Dakota County. He estimated that 126th Street, between CR 38 and Johnny Cake, will have 500 cars per day. The west end of Diamond Path, at CR 38, will have 1,400 cars per day and the east end, at Pilot Knob, will have 1,800 cars per day which are within residential collector street levels. He noted there will always be drivers with a tendency to speed and that becomes an enforcement problem. His recommendation is to let the traffic acclimate to the new road systems and take traffic counts again in the spring. Mr. Melena said the City is purchasing new traffic counters which will not only count the number of vehicles but will measure the speed as well. This should provide good data for further review. Jim Hughes, 5621 West 128th Street, questioned whether there was a discrepancy and some unaccounted for vehicles from the traffic counts taken before the speed bumps were installed. Mr. VanWormer said another segment of Pilot Knob Road was closed coincidentally with installation of the speed bumps. The additional detour signs helped to divert some of the previous traffic. CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1991 Page 4 Mr. Hughes commented that high density housing is being developed in the area southwest of Diamond Path and Pilot Knob Road and will increase traffic. In talking with neighb6rs, they would like traffic stopped on Diamond Path at 128th Street to help return the area to a residential neighborhood. They disagree there will be enough reduction in the volume of traffic. Councilmember Goodwin asked how future development will affect the traffic? Mr. VanWormer said the traffic volumes generated in the model were based on full development at the designated land uses. That shows 2,700 trips per day from the entire area, not all of which will be going west toward Cedar Avenue; much of it will go north on Pilot Knob Road. Dennis Crosby, 12754 Diamond Path, asked what the next steps will be to check the results of the study? Mayor Holton said traffic will continue to be monitored and the City can react should there be unusual changes. Traffic counts will be taken with new counters and will provide additional information to evaluate. He thanked Mr. VanWormer for the report. MOTION: of Erickson, seconded by Goodwin, accepting the report of the traffic study prepared by Glen VanWormer, of Short, Elliott, Hendrickson, on the 126th Street/Diamond Path area and authorizing payment. Ayes - 4 - Nays - O. ACCEPT TRAFFIC STUDY RESULTS Mr. Melena reviewed the Agreement, dated August 1, 1991, with Frank RECHTZIGEL and Evelyn Rechtzigel for Storm Water Drainage which was signed by Mr. STORM WATER and Mrs. Rechtzigel on August 7, 1991. It provides for a term of five DRAINAGE years with an option for an additional five years at $4,000 per year, increased annually by the percent of inflation in the CPI. This is estimated as $48,424.00 in real costs to the City over ten years. As clarification, the CPI used will be for the Minneapolis area as of June 30th of each year. Mayor Holton asked if the agreement is cancelable if it is renewed for the second five-year term? Mr. Gretz said the intent is that it can be canceled at any time if the City no longer needs the drainage area or if the property develops. Frank and Arlyn Rechtzigel were present and concurred with these statements. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. RES. 1991-178 1991-178 approving the Storm Water Drainage letter of agreement dated August 1, 1991, between Frank and Evelyn Rechtzigel and the City, subject to clarification that the CPI referred to is for the Minneapolis area as of June 30th of each year and the agreement may be canceled if no longer needed by the City or if the property develops; authorizing the Mayor and Clerk to sign the same; and authorizing payment of the 1991 installment of $4,000.00. Ayes - 4 - Nays - 0. RECHTZIGEL STORM WATER AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota August 8, 1991 Page 5 Mr. Gretz distributed a summary of current Public Works projects dated August 8, 1991, and reviewed their status with the Council. PUBLIC WORKS STATUS REPORT Mr. Johnson distributed the Park Maintenance Work Plan for 1991 and reviewed the status of projects with the Council. PARK MAINTNCE STATUS REPORT MOTION: of Goodwin, seconded by Sterling, receiving a progress report on the industrial market study being conducted by Economic Research Corporation and authorizing payment of its invoice dated August 5, 1991, in the amount of $9,492.81 by the Dakota County liRA. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, approving an Application for Exemption from Lawful Gambling License for Apple Valley Firefighters Relief Association for gambling activities to be conducted on September 21, 1991, at Fire Station No. 1, and waiving the 30-day waiting period for Gambling Control Division approval. Ayes - 4 - Nays - 0. INDUSTRIAL STUDY REPORT & PAYMENT FIRE RELIEF ASSN. GAMBLING EXEMPTION Mr. Sheldon distributed a letter dated August 7, 1991, concerning a HANSON DWI Court decision in the case of Robert E. Hanson involving a ruling on APPEAL the use of breath tests in DWI prosecutions. Two additional cases have come up with similar situations and authorization to file for a joint appeal of the cases is requested. (Councilmember Humphrey attended during this time.) MOTION: of Goodwin, seconded by Erickson, authorizing the City Attorney to file an appeal on the decisions in the cases of the City v. Robert E. Hanson, Kristine J. Tranby and Mary H. Turney as described in the letter dated August 7, 1991. Ayes - 4 - Nays - 0 (Humphrey Abstained). AUTHORIZE HANSON, ET AL APPEAL CLAIMS & BILLS MOTION: of Goodwin, seconded by Sterling, to pay the claims and bills, check register dated July 31, 1991, in the amount of $1,432,145.02; and check register dated August 7, 1991, in the amount of $1,396,531.42. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:11 o'clock p.m.