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HomeMy WebLinkAbout10/22/1987CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 22nd, 1987, at 8:00 o'clock p.m. at City Hall. PRESENT: Councilmembers Goodwin, Holton, Humphrey (attended at 8:06 p.m.) and Savanick. ABSENT: Mayor Branning. City staff members present were: Acting Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Lt. Erickson, Recreation Services Manager Johnson, City Planner Kelley, Assistant Administrator Lawell, and Planning Assistant McMonigal. Acting Mayor Holton called the meeting to order at 8:04 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Savanick, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - O. APPROVE AGENDA OCT. 6, 1987 & OCT. 8, 1987 MINUTES MOTION: of Goodwin, seconded by Savanick, approving the minutes of the special meeting of October 6, 1987, and the regular meeting of October 8, 1987, as written. Ayes - 3 - Nays - 0. Acting Mayor Holton asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Mike Berg, of HAYES ICE RINK Berg Electric, was present and asked the Council to investigate the LIGHTING purchase of lighting for Hayes hockey rinks by both Park Department Staff and the Engineer, R. L. Feig. Mr. Sheldon said Mr. Berg had contacted him and implied the specifications favored a more expensive type of light and asked they be rebid. The fixtures and installation were purchased separately in the belief the City would get better prices on each and this proposal was brought before the Council and authorized. Mr. Gretz suggested Staff research the matter and report back to the Council. (Councilmember Humphrey attended during this time.) Councilmember Goodwin said he received a letter from a lighting contractor expressing concern about the same purchase. Becky Schmelling, of Castle Rock, said she had picked up a set of specifications from Mr. Feig, the Engineer, which were supposed to be in the form of a proposal; yet they asked for a bid bond. She did not submit a quote because the requirements were unclear. The Council concurred that the matter be researched and a report given to them. MOTION: of Humphrey, seconded by Savanick, removing the arena bond referendum brochure from the consent agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA CHANGE ORDER 16 CENTRALMAINTEN- ANCE FACILITY CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Savanick, approving Change Order No. 16 to the contract with Shaw Lundquist for the Central Maintenance Facility in the amount of an additional $1,969.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 2 MOTION: of Humphrey, seconded by Savanick, approving Change Order No. 1 to the contract with Enebak Construction for Project 87- 278, 157th Street and Apple Ponds Trunks, in the amount of an additional $82,750.00. Ayes - 4 - Nays - O. MOTION of Humphrey, seconded by Savanick, accepting Grading and Seeding Projects for Palomino Park and Apple Valley East Park as final and authorizing final payment to Retsinger Excavating on the contracts. Ayes - 4 - Nays - O. MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-232 approving the final plat and development agreement for Southport Fourth Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-233 receiving the preliminary engineering report on Project 87-253, 12896 and 12906 Galaxie Utility Connections, and setting a public hearing on it November 12, 1987, at 8:00 p.m. Ayes - 4 - Nays - O. MOTION of Humphrey, seconded by Savanick, approving reduction of subdivision guarantees for: Emerald Point 3rd from $25,000 to $9,500; Delaney Park 1st from $11,000 to zero; Delaney Park 2nd from $37,000 to zero; Morntngview 2nd from $20,483.28 to zero; Morningview 6th from $12,650 to zero; Shadow Estates from $141,190 to $71,040; and Valley Way Village 5th from $37,000 to $9,500. Ayes - 4 - Nays ~ 0. MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-234 approving specifications for 1987-88 Contract Snow Removal and Street Repair Materials and authorizing advertising for bids to be received November 10, 1987, at 2:00 p.m. Ayes - 4 - Nays ~ O. MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-235 approving specifications for Employee Group Dental Insurance and authorizing advertising for bids to be received November 30, 1987, at 2:00 p.m. Ayes - 4 - Nays - 0. MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-236 establishing a petty cash fund in the amount of $250 at the Central Maintenance Facility and designating Marsha Moroni as custodian. Ayes - 4 - Nays - 0. MOTION of Humphrey, seconded by Savanick, adopting Resolution No. 1987-237 approving a revised Joint Powers Agreement related to construction of a joint fire training facility in Burns- ville, rescinding the previous agreement dated December 11, 1986, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - O. CHANGE ORDER 1 PROJ. 87-278 157TH/APPLE POND FINAL PAYMENT A.V. EAST & PALOMINO PARKS RES. 1987-232 SOUTHPORT 4TH FINAL PLAT RES. 1987-233 SET HEARING PROJ. 87-253 SUBDIVISION GUARANTEE REDUCTIONS RES. 1987-234 TAKE BIDS SNOW REMOVAL & STREET MATERIALS RES. 1987-235 TAKE BIDS GROUP DENTAL INSURANCE RES. 1987-236 CENTRAL MNTC. PETTY CASH FUND RES. 1987-237 FIRE TRAINING REVISED JOINT POWERS AGREEMT. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 3 MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-238 requesting $14,314.50 from Dakota County for 1988 landfill abatement funding for continued operation of the Goodwill recycling center. Ayes - 4 - Nays - O. RES. 1987-238 1988 LANDFILL ABATEMENT FUNDS RES. 1987-239 ESTABLISH SAFETY PROGRAM RECLASSIFY ANDERSON TO SECRETARY HIRE PARTTIME EMPLOYEES MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1987-239 providing authority for the City Administrator to establish and enforce rules and regulations for a City-wide safety program and to designate a Safety Director and Employee Safety Committee. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Savanick, approving reclassification of Beverly Anderson from the position of Clerk-Typist to Secretary in the Building Inspection Department effective May 4, 1987, at an hourly salary of $7.96. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving hiring the parttime employees as listed in the Personnel Directors memo dated October 19, 1987. Ayes - 4 - Nays - O. END OF CONSENT AGENDA The Council received a draft of the ice arena referendum brochure. ICE ARENA Councilmember Goodwin said he has been asked why the existing ice arena REFERENDUM FLYER cannot be upgraded to a year around facility. His understanding is the cost of remodeling and the agreement for joint usage by the School District preclude it and he would like this information included in the informational brochure. MOTION: of Goodwin, seconded by Humphrey, approving the informational AUTHORIZE brochure for the December 8, 1987, ice arena referendum with BROCHURE a statement on the inability to upgrade the current facility. Ayes - 3 - Nays - 1 (Savanick). Acting Mayor Holton called the public hearing to order at 8:15 p.m. to PUBLIC HEARING consider 1987 Special Assessment Roll No. 233 and noted receipt of the ASSESSMENT 233 affidavit of publication of the hearing notice. The proposed assessment is for Project 86-257, Fischer Storm Sewer Pond Construction. The amount levied is $581,306, revised from the preliminary amount of $581,292. The Acting Mayor asked for questions or comments from the public. There were none and the hearing was declared closed at 8:16 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1987-240 approving Assessment Roll No. 233 in the total amount of $581,306 and certifying it to the Dakota County Auditor for collection. Ayes - 4 - Nays - 0. RES. 1987-240 ASSESSMENT 233 PUBLIC HEARING ON-SALE LIQUOR R'BERRY'S Acting Mayor Holton called the public hearing to order at 8:17 p.m. to consider an application for a license for on-sale and Sunday liquor sales by DVH, INC., d/b/a R'Berry's, at 7721 West 147th Street, and noted receipt of the affidavit of publication of the hearing notice. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 4 The Acting Mayor asked for questions or comments from the public. There were none and the hearing was declared closed at 8:18 p.m. MOTION: of Goodwin seconded bY Humphrey, adopting Resolution No. 1987-241 approving an On-Sale and Special License for Sunday Liquor Sales for DVH, INC., R'Berry's, at 7721 West 147th Street, effective October 23, 1987, and authorizing the Act- ing Mayor and Glerk to sign the same. Ayes - 4 - Nays - 0. RES. 1987-241 LIQUOR LICENSE R'BERRY'S Acting Mayor Holton called the public hearing to order at 8:18 p.m. to PUBLIC HEARING consider establishing Tax Increment Financing District No. 5 within VENSTAR TAX Development District No. 2 and noted receipt of the affidavit of pub- INCREMENT FINANC lication of the hearing notice. Mr. Lawell reviewed the project, which is a 30,500 square-foot office/warehouse, by VenStar Corporation. The plan provides for eight years of increment at $30,000 per year under the "pay-as-you-go" structure and bonds would not be issued. The assistance would begin with the 1989 payable 1990 property taxes. Councilmember Humphrey asked if the City's costs in preparing the plan are covered? Mr. Lawell said yes, under the application process established, funds have been escrowed. The Acting Mayor asked for questions or comments from the public. There were none and hearing was declared closed at 8:21 p.m. MOTION: of Savanick seconded by Humphrey, adopting Resolution No. 1987-242 approving establishment of Tax Increment Financing District No. 5 and adoption of the tax increment financing plan therefor in Development District No. 2, amendment of the development plan for the district and of the tax increment financing plans for the existing Tax Increment Financing District No. 1 through 4. Ayes - 4 - Nays - 0. RES. 1987-242 ESTABLISH T.I.F. DISTRICT 5 VENSTAR VENSTAR CONTRACT FOR PRIVATE DEVELOPMENT VENSTAR OFFICE/ WAREHOUSE BUILDING PERMIT MOTION: of Goodwin, seconded by Humphrey, approving the Contract for Private Development with VenStar Corporation for an office/ warehouse pr.oject on Lot 2, Block 1, North Star Industrial Park, detailing the requirements for tax increment financing assistance and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing issuance of a building permit for a 30,200 square-foot office/warehouse on Lot 2, Block 1, North Star Industrial Park, and allowing access across the City easement to Johnny Cake Ridge Road as recommended by the Planning Commission. Ms. McMonigal reviewed the Planning Gommission recommendation. Bruce Maus, of VenStar Corporation, was present and reviewed the building plans with the Council. The driveway access to Johnny Cake is requested to accommodate truck traffic and is approximately 300 feet north of the 149th Street intersection, He said he is making a commitment to the City by going ahead with the building and is looking for a true industrial user for it. Vote was taken on the motion. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 5 Acting Mayor Holton called the public hearing to order at 8:34 p.m. to PUBLIC HEARING consider Project 87-280, Parts 4 and 6 - Storm Sewer Improvements, and STORM SEWER noted receipt of the affidavit of publication of the hearing notice. IMPROVEMENTS Mr. Gordon reviewed the preliminary engineering report. Part 4 is PROJ~ 87-280 completion ef storm sewer in the undeveloped area west ef 139th Court and north ef 140th Street. It includes an additienal line to 140th Street to prevent water from backing up in the area. It is proposed to assess the undeveleped preperty for the improvements. Paul Horst, 7892 Upper 139th Court, said the system in the street now has a five-year storm capacity, what will it be? Mr. Gordon said the improvements will be designed for a 100-year storm. Joe Sutila, 13880 Pennock, asked how this will affect the pond en 140th Street? Mr. Gordon said the pond has an outlet and should be capable of handling the water. Tom Butler, 7890 Upper 139th Court, asked why the earth gave way in the undeveloped area to the west during this summers storm? Mr. Gordon said a sanitary sewer was recently installed through the area and even though the ground was restored, it had probably not compacted enough to withstand the rain. Laura Steger, 7912 Upper 139th Court, said her home has sanitary sewer problems and asked how this project will affect it? Mr. Gordon said he was unaware of such problem, but this will not affect it. He asked her to contact him about it tomorrow. Part 6 is construction of an outlet for the pond in the Shadow Estates area. He would recommend a gravity outlet rather than the lift station proposed in the report. It is estimated to cost $60,000 more, but would provide better service and be easier to maintain in the long run. It is proposed to assess the undeveloped ZooGate property, east of the Zoo entrance road, for the improvements. The Acting Mayor asked for additional questions or comments from the public. There were none and the hearing was declared closed at 8:41 p.m. MOTION: of Goodwin seconded by Humphrey, adopting Resolution No. 1987-243 ordering installation of Parts 4 and 6 of Project 87-280, 139th Court and ZooGate Area Storm Sewer Improvements. Ayes - 4 ~ Nays - 0. RES. 1987-243 ORDER PART 4 & 6 PROJ. 87-280 The Council received a petition dated September 29, 1987, from resi- PENNOCK AVENUE dents in the area of Pennock Avenue between 138th and 140th Streets TRAFFIC DISCN. requesting a cul de sac terminating Pennock access at 140th Street. Joe Sutila, 13880 Pennock, said they are not locked into a cul de sac as the only solution to traffic problems, but need a remedy of some sort. Mr. Gretz distributed his memo dated October 20, 1987, listing seven alternatives of which he would recommend number 2; applying for a reduced speed limit and painting a centerline on the street. Acting Mayor Holton asked if there are any one-way streets in the City now and for information on how many mail boxer are knocked down. Lt. Erickson said there are no one-way streets and Mr. Gretz said statistics are not readily available on mail box replacement. Mr. Sutila said the home at the southwest corner of 138th and Pennock has replaced a dozen and the resident at the southeast corner of Pennock and 139th Court said he has replaced five. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 6 Councilmember Goodwin said other neighborhoods in the City have had similar traffic concerns and checks have shown speeding is not the problem everyone thinks it is. There are a tremendous number of young drivers and the hilly and curved streets contribute to the problem. Mike Thomas, 13875 Pennock, questioned the design of the street and the City's liability for not correcting it. Dave Everds, Dakota County Highway Engineer, was present and was asked about a signal at 138th and Cedar. He said recent traffic counts do not meet the criteria for a signal at this time. He expressed concern about any future signal at that intersection backing up southbound traffic to the freeway portion of Cedar. The intersection has had two accidents in the last three years while 140th and Cedar has had 47 accidents. Mr. Gretz said recent traffic counts on Pennock have shown somewhat of a reduction from earlier ones. Councilmember Humphrey suggested temporarily closing Pennock at 140th Street or prohibiting right turns from 138th onto Pennock and taking counts at 138th and Cedar again for comparison. Councilmember Savantck suggested temporarily trying one-way traffic on Pennock and also asked what the traffic counts are on the Zoo Road. Mr. Gretz said those counts have not been taken. Mr. Everds said before a decision is made on closing Pennock or making it a one-way street, counts of the turning movements at 140th and Pennock should be taken. MOTION: of Savanick, seconded by Goodwin, approving implementation of Option 6 of Mr. Gretz's memo dated October 20, 1987; that is, restricting Pennock between 138th and 140th Streets to one- way traffic northbound. ONE-WAY TRAFFIC ON PENNOCK Acting Mayor Holton said he does not believe the Council has the necessary information to make such a decision and suggested implementing Option 2, discussed previously, while obtaining additional traffic counts. Councitmember Humphrey said he is concerned about problems at 138th and Cedar, as traffic from the east increases, and suggested a work session with the County to discuss plans for the intersection. Laura Powers, 7755 - 139th Court, expressed concern for pedestrian and children's safety until action is taken to remedy the situation. Mr. Thomas suggested the Council hire a professional to look at the problem and suggest a solution. Lt. Erickson said the Police Department would have real safety concerns about forcing traffic to the intersection of 138th and Cedar especially to make left turns. Councilmember Humphrey concurred and said he believes restricting turns at 138th and Pennock is a better solution. A resident said traffic does have the alternative of taking Pennock to T.H. 77 to go north on Cedar. MOTION: of Savanick, seconded by Humphrey, tabling consideration of this item until after the informal meeting of November 5, 1987, and discussing County traffic plans and proposals for a study at that meeting. Ayes - 4 - Nays - O. TABLE PENNOCK TRAFFIG MATTERS CITY OFAPPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 7 Glen Van Wormer, of Short, Elliot, Hendrickson, Inc., was present and TRAFFIC SIGNAL reviewed specifications for a traffic signal preemption system with PREEMPTION the Council. It is proposed to be installed on eight signals on SYSTEM County Road 42 and on Cedar Avenue and 22 emitter units are being re- quested for emergency vehicle usage. The system has been developed by 3M. Another company has an emitter which can be adapted to work with the system; however, 3M will only warrant the system if its emitters are used. Acting Mayor Holton asked if protocol as to priority for police, fire and ambulance responses has been developed yet? Lt. Erickson said they have discussed it and will have procedures developed by the time the system is installed. They intend to implement training for all drivers, including stressing safety, as well. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1987-244 approving specifications for an Emergency Vehicle Traffic Signal Preemption System and authorizing advertising for bids to be received November 20, 1987, at 10:00 a.m. Ayes - 4 - Nays - 0. RES. 1987-244 TAKE BIDS SIGNAL PREEMPT SYSTEM Mr. Lawell reviewed his memo dated October 16, 1987, concerning a re- METRO CABLE quested amendment to Metro Cable's franchise. Frank Woytek, of Metro FRANCHISE AMDMT. Cable, Inc., and Rollie Bible, of the Cable TV Committee, were present to answer questions. The Committee reviewed and has recommended approval of the amendment which would delay implementation of upgrading the system to 440 MHz until not earlier than December 31, 1990, and not later than December 31, 1994. Councilmember Humphrey asked if new construction is being installed at the upgraded capacity? Mr. Woytek said yes it is and has been since 1983. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 404 amending Metro Cable, Inc.'s, franchise, Article C2 of the City Code, by delaying upgrade of the cable television system to 440 MHz until.not earlier than December 31, 1990, and not later than December 31, 1994, as recommended by the Gable TV Committee. Ayes - 4 - Nays - 0. ORDINANCE 404 AMEND METRO CABLE FRANCHISE Consideration of Oxboro Development Commercial Addition was removed from the agenda at the request of the petitioner. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1987-245 awarding the contract for Project 87-277, Johnny Cake Ridge Road Improvements from 126th Street North, to McNamara Contracting, the low bidder, in the amount of $149,105.00. Ayes - 4 - Nays - 0. RES. 1987-245 AWARD CONTRACT PROJ. 87-277 RES. 1987-246 AWARD CONTRACT PROJ. 87-281 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1987-246 awarding the contract for Project 87-281, Valley Meadows Improvements, to CECA Utilities, Inc., the low bidder, in the amount of $73,740.30. Ayes - 4 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 1987 Page 8 MOTION: of Goodwin, seconded by Savanick, authorizing payment to Dakota County of $7,245.00 for the City's share of right-of- way acquisition across Lots 7 through 9 and 13 through 21, Block 2, Lac Lavon Shores 2nd Addition for County Road 46. Ayes - 4 - Nays - 0. C.R. 46 RIGHT- OF-WAY, LAC LAVON SHORES 2ND HIRE PARTTIME EMPLOYEES HIRE PARTTIME DISPATCHERS MOTION: of Goodwin, seconded by Humphrey, approving hiring the various parttime employees as listed in the Personnel Director's memo dated October 22, 1987. Ayes - 4 - Nays - O. MOTION of Goodwin, seconded by Humphrey, approving hiring Tamra Meyers effective October 26, 1987, and Katherine Johnson effective November 2, 1987, as parttime dispatchers at starting hourly salaries of $8.50. Ayes - 4 - Nays - O. MOTION of Goodwin, seconded by Humphrey, to pay the claims and bills, chocks numbered 57529 through 57639, 57649 through 57680 and 57682 through 57748, in the total amount of $3,353,365.90. Ayes - 4 - Nays - O. CLAIMS & BILLS MOTION: of Humphrey, seconded by Savanick, to adjourn. Ayes - 4 - Nays - O. Tho meeting was adjourned at 10:21 o'clock F.m.