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HomeMy WebLinkAbout12/15/1988CITY OF APPLE VALLEY Dakota County, Minnesota December 15, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 15th, 1988, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Attorney Sheldon, Personnel Director Boland, Secretary Finger, City Engineer Gordon, Public Works Director Gretz, City Planner Kelley, Assistant Administrator Lawell, Police Chief Rivers and Planning & 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 Holton, seconded by Savanick, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA MINUTES AUDIENCE DISCN. CONSENT AGENDA PRELIM. REPORT KNOTTYWOODS STREET IMPR. BRA 1989 RATE ADJUSTMENT McMENOMY 1989 RATE ADJUSTMENT CHANGE ORDER 1 PROJ~ 88-308 MOTION: of Holton, seconded by Humphrey, approving the minutes of the meetings of November 22nd, 29th and December 1st, 1988, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Holton, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, directing the Engineer to prepare a preliminary feasibility report for improvement of 134th Street, west of Pilot Knob Road, in the Knottywoods subdivision. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a rate adjustment for Bonestroo, Rosene, Anderlik & Associates, Inc., for engineering services effective January 1, 1989, as contained in its letter dated November 28, 1988. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving a rate adjustment for McMenomy & Severson for legal services effective January 1, 1989, as contained in its letter dated December 12, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Ceca Utilities for Project 88-308, Nordic Woods 6th Addition Utilities, in the amount of an additional $14,349.13. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 15, 1988 Page 2 MOTION:of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with Ceca Utilities for Project 88-306, Eagle Ponds Utilities, in the amount of an additional $13,309.40 for Gacrett Avenue. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 2 to the contract with Lovering Associates for Project 85-236, Water Treatment Plant, in the amount of an additional $18,414.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with T.C.I. General Contractors for Eastview Shelter Building Construction, in the amount of a $225.00 deduction. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 87-276, 143rd Street from Cedar to Glenda, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $1,000.00. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 87-277, Johnny Cake Ridge Road Reconstruction, as final and authori- zing final payment on the contract with McNamara Contracting in the amount of $12,519.17. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, accepting Project 88-286, 1988 Street Maintenance Program, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $49,198.39. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, accepting Project 88-308, Nordic Woods 6th Addition Utilities, as final and authorizing final payment on the contract with Ceca Utilities in the amount of $14,898.58. Ayes 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 3 to the contract with Peoples Electric Contractors for Apple Valley Community Center Electrical in the amount of an additional $1,882.00, accepting the contract as final and authorizing final payment on the contract in the amount of $3,382.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 224 receiving the preliminary feasibility report for Project 89~315, Extension of Guild Avenue to 140th Street, and setting a public hearing on it at 8:00 p.m. January 26, 1989. Ayes - 5 - Nays - 0. CHANGE ORDER 1 PROJ. 88-306 CILANGE ORDER 2 PROJ. 85-236 CHANGE ORDER 1 EASTVIEW BLDG. FINAL PAYMENT PROJ. 87-276 FINAL PAYMENT PROJ. 87-277 FINAL PAYMENT PROJ. 88-286 FINAL PAYMENT PROJ. 88-308 CHANGE ORDER 3 & FINAL PAYMENT AVCC ELECTRICAL RES. 1988-224 SET HEARING PROJ~ 89-315 CITY OF APPLE VALLEY Dakota County, Minnesota December 15, 1988 Page 3 MOTION:of Holton, seconded by Goodwin, adopting Resolution No. 1988- 225 receiving the preliminary feasibility report for Project 89-316, Apple Valley Apartments Storm Sewer Trunk, and setting a public hearing on it at 8:00 p.m. January 26, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the inspection report on the Palomino Reservoir by AEC-Engineers & Designers dated October 12, 1988, and directing the City Engineer to prepare specifications for the recommended painting and repairs. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving complete release of subdivision financial guarantees for Valley Way Village 5th and 6th Additions. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 226 ordering installation of stop signs on: 144th Street at Johnny Cake; Echo Lane at Diamond Path, east and west; Guthrie Avenue at 145th Street; and Gladstone Path, Garrett Drive, Gallery Avenue, Hershey Court, Henna Court and Hemlock Court all at 157th Street. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 227 authorizing application, for fiscal year 1989, for Dakota County Community Development Block Grant funding for a commercial and industrial market study. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving issuance of a gambling license by the Minnesota Charitable Gambling Control B.oard to Apple Valley Hockey Association, at Greenstreets Restaurant, and waiving the 60-day review period. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 228 amending the quarterly storm water utility drainage fees for 1989 to $5.25 per residence, $38.59 per acre for apart- ments, $10.50 per acre for schools, $14.23 per acre for churches and $41.74 per acre for commercial/industrial. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 229 amending the quarterly water and sanitary sewer fees for 1989 by increasing water consumption charges to $.656 per 1,000 gallons consumed in excess of 250,000 gallons. Ayes - 5 - Nays - 0. RES. 1988-225 SET HEARING PROJ. 89-316 PALOMINO RESERVOIR REPAIR SUBDIVISION BOND RELEASES RES. 1988-226 STOP SIGNS RES. 1988-227 BLOCK GRANT APPLICATION GAMBLING LICENSE HOCKEY ASSN. RES. 1988-228 1989 STORM DRAINAGE RATES RES. 1988-229 1989 WATER & SEWER RATES CITY OF APPLE VALLEY Dakota County, Minnesota December 15, 1988 Page 4 MOTION: of Holton, seconded by Goodwin, approving 1989 renewal of auto, workers compensation, property liability and umbrella insurance coverages with CNA Insurance at a premium of $384,629; excess umbrella liability with Lexington Insurance at a premium of $31,051; liquor liability with Transcontin- ental at a premium of $24,586; and excess liquor liability with General Star at a premium of $29,156: for a total premium of $469,422. Ayes - 5 - Nays - O. RENEW 1989 INSURANCE MOTION: of Holton, seconded by Goodwin, amending the agreement with DCA for Employee Flexible Spending Accounts by approving the 1989 administrative fee schedule. Ayes - 5 - Nays ~ 0. DCA FLEXIBLE SPENDING FEES RES. 1988-230 MILEAGE PATE COOK & ERICKSON POLICE CAPTAINS HIRE HICKOK PIANNER-CODE AD. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 230 setting the mileage reimbursement rate at $.24 per mile for 1989. Ayes ~ 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving title change to Police Captain for Bruce Erickson and promotion of Terrence Cook to Police Captain effective January 1, 1989. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Scott J. Hickok for the position of Associate Planner-Codes Adminis- tration at a starting annual salary of $31,907 effective January 1, 1989. Ayes ~ 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Patricia HIRE FOWLER Fowler for the position of Recreation Specialist at a starting REC SPECIALIST annual salary of $21,632 effective January 1, 1989. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring Patricia Meyer for the shared fulltime position of Dispatcher at a starting hourly rate of $11.18 effective January 1, 1989. Ayes - 5 - Nays - 0. HIRE MEYER DISPATCHER HIRE PARTTINE EMPLOYEES PUBLIC MGMT. SGT. PROMOTIOMS MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the Personnel Director's memo dated December 15, 1988. Ayes - 5 -Nays ~ O. MOTION: of Holton, seconded by Goodwin, approving a contract with Public Management Consultants to assist in promotions to fill two Police Sergeant positions at a fee not to exceed $1,400. Ayes - 5 ~ Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the addi- ADDL. PARTTIME tional parttime employee as listed in the Personnel Director's EMPLOYEE memo dated December 15, 1988. Ayes - 5 - Nays ~ O. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota December 15, 1988 Page 5 MOTION: of Holton, seconded by Goodwin, granting a permit for Scenic Adventures to use Hayes Park as a site for tethered hot air balloon rides on December 8th and 20th, 1988. Ayes - 5 - Nays - O. PERMIT FOR HOT AIR BALLOON RIDE AT HAYES PARK The purpose of the rides is to raise funds for seven-year-old Andrew Kingsbury, a cancer patient and Apple Valley resident and to collect non-perishable food items for the Dakota County Food Pantry. The Mayor commended Scenic Adventures and the Parks Department for cooperating on this fund raising effort. Mayor Branning opened the meeting for discussion of the Tintah Park/ D~SCUSSION ON Rolling Ridge road access issue by explaining that the Council had TINTAH PARK invited public input regarding the area because this was an area that had not been expected to become a residential development. However, since that change is now being proposed, the Council wanted neighborhood input. City Administrator Melena made a few brief comments and then turned the meeting over to Planning and Development Director Welsch who outlined the steps the development has taken to this point and the staff concerns that have been addressed. Mr. Melena stated that he is. uncomfortable with the access issues. The Council then stated individual concerns or positions. Mr. Goodwin asked why the Council was considering a road through Tintah Park when the Planning Commission and staff had not recommended one initially. He stated that he did not believe there were any overriding concerns in the public safety or access issues. Mr. Humphrey indicated that he is dissatisfied with Tintah Park itself. It is a long, narrow strip of land that does not lend itself to improvements very well. He indicated that he would like to see projections on the eventual configuration of the park and felt the Council should be looking at the whole piece of property, not just the Rolling Ridge section. Mr. Holton stated he did not believe there were unusual concerns of public safety which would require a road through the park. Ms. Savanick stated that she did not see that the City had much of a choice. There is a east/west access through the development and there are other areas of the City with similar configuration. The meeting was then opened for public comment. Rich Stevens, 4799 141st Street W., rose to speak for the residents. He stated it was his understanding from what the Council had said, that they were no longer actively considering putting a road through Tintah Park. If that was in fact the case, he stated that he would not present his prepared remarks but simply present a petition with over 400 signatures to the Council. The Mayor indicated that his understanding was correct and the petition was presented. Mr. Stevens thanked the Council for its consideration of the residents concerns. Mike Matuzek, 14175 Drexel Court, also thanked the Council for not pursuing the road any further. Linda Gergen, 4801 W. 141st Street, said the children had been very con- cerned about maintaining the park and she was pleased that the park would not be destroyed. Jeff Daly, 5262 144th Street, objected to 144th Street being continued through to Diamond Path. He and his neighbors are concerned about the increased traffic when that becomes a through street. CITY OF APPLE VALLEY Dakota County, Minnesota December 15, 1988 Page 6 MOTION: of Goodwin, seconded by Humphrey, referring the Rolling Ridge project back to staff for reconsideration of the entire prop- osal, including eliminating consideration of a road through the park, requiring a third access to the development, shortening the cul-de-sac, acquiring additional park land to increase the size of Tintah Park, ponding, and extension of the lot lines into the ponding area. Ayes - 5 - Nays - O. Additional items mentioned by the Council for consideration included public safety access via the current pathway, a sketch plan showing possible expansion of the park, pedestrian access to both Delaney and Tintah Parks, a time frame for traffic control in the area, i.e., signalization, and adding additional green space in the ponding REFER ROLLING RIDGE BACK TO STAFF The Council received a report and heard a presentation by Jerry ~ECOND ICE ARENA Norgaard, of the Apple Valley Hockey Association regarding a second ice arena in the City. Two sites are being considered, one at Hayes and one at Eastview. Preliminary drawings of the buildings were presented to the Council. The Council was receptive to the idea and indicated a willingness to work with the A.V.H.A. on working out a funding plan for tho arena. The Council indicated a preference for the Hayes site. MOTION: of Humphrey, seconded by Goodwin, approving the preliminary plat of Academy Village 2nd Addition, subject to the instal- lation of individual sewer and water hookups, and granting a variance reducing setbacks for Block 4 to allow construction to within 20 feet of the east lot line of Lots 1 and 4 adja- cent to 144th Street, to 14 feet of tho west lot line of Lot 3 and to 38 feet of the west lot line of Lot 2 adjacent to Garden View Drive as recommended by the Planning Commission. Rick Kelley, City Planner, presented details showing the location of the lots and a drawing of the proposed buildings. The replat is requested in order to permit in- dividual ownership of the dwelling units. Councilmember Savanick asked if there would be an association of the building owners. Mr. Tom Heiberg, the developer, said there would not. The Mayor asked about the exterior materials and was told they would be low maintenance materials. PRELIM. PLAT & SETBACK VARIANCE ACAD. VILLAGE 2N Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Humphrey, seconded by Goodwin, authorizing submittal of SUBMIT COMP PLAN Comprehensive Plan Amendments for Saddle Ridge, Eastview AMENDMENTS TO Athletic Complex, Christian Science Church, and the Government MET COUNCIL Campus Site to the Metropolitan Council as recommended by the Planning Commission. Ayes - 5 - Nays ~ O. The Council concurred with holding consideration of appointments to COM. APPOINT. the Planning Commission and Cable TV Committee until January, 1989. CITY OF APPLE VALLEY Dakota County, Minnesota December 15~ 1988 Page 7 Mayor Branning called the public hearing on renewal of 1989 On-Sale PUBLIC HEARING Liquor and Wine Licenses to order at 10:15 p.m. and noted receipt of LIOUOR LICENSES the affidavit of publication of the hearing notice. He asked for questions or comments from the Council and public. There were none and the public hearing was closed. The Council then continued consideration of issuance of 1989 licenses until the December 29, 1988, meeting. MOTION: of Humphrey, seconded by Holton, adopting Resolution No. 1988-231 awarding the contract for employee group dental insurance effective January 1, 1989, to Delta Dental, the low bidder, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1988-231 AWARD CROUP DENTAL INSURANCE The Council/Staff goal-setting workshop will be set for January 26 GOAL SETTING and 27, 1989, at the La Corte Inn in Lakeville. The Mayor requested that one of the discussion items to be included during those sessions is the rotation of Council Liaisons. MOTION: of Savanick, seconded by Humphrey, to pay the claims and bills, checks numbered 65067 through 65100, 65103 through 65120, 65122 through 65200 and 65209 through 65352, in the total amount of $6,536,054.45. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:30 o~clock p.m.