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.