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HomeMy WebLinkAbout11/24/1981CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Minutes of the meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 24, 1981, at 7:30 o'clock p~m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Branning (left at 8:45 p.m.), Kelly, Overgard, and Savanick; Clerk Asleson. ABSENT: None. Mayor Garrison called the meeting to order at 7:30 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Overgard, seconded by Branning, approving the agenda for to- night's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA CONSENT AGENDA MOTION: of Branning, seconded by Overgard, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Branning, seconded by Overgard, granting a conditional use per- ON-SALE LIQUOR mit for an on-sale liquor operation in a B-4 zone for a period of CONDL. USE 20 years on Lot 2, Block 3, Valley Commercial Park 1st Addition A & W as recommended by the Planning Commission subject to obtaining the required on-sale liquor license for the premises. Ayes - 5 - Nays - 0. MOTION: of Branning, seconded by Overgard, approving a transient merchant license for a period of five years for Cub Scout Pack 290 to sell fund raising items. Ayes - 5 - Nays - O. TRANS. MERC. LIC. CUB PACK 290 MOTION: of Branning, seconded by Overgard, approving a one year extension of the agreement with Valley Bike and Ski for furnishing cross country ski equipment for rentals at Lebanon Hills Golf Course for the 1981-1982 season. Ayes - 5 - Nays - 0. GOLF COURSE' CROSS COUNTRY SKI RENTALS END OF CONSENT AGENDA ITEMS MOTION: of Overgard, seconded by Kelly, approving the minutes of the meeting oflNovember 12, 1981, as written. Ayes - 4 - Nays - 0 (Garrison Abstained). NOV. 12, 1981 MINUTES Mayor Garrison called the public hearing to order at 7:34 p.m. on renewal applications for 1982 on-sale liquor licenses and noted receipt of the affidavit of publication of the hearing notice. The renewal applications were received from Apple Place, Inc; Beef 'N' Brew, Inc.; and Lemon Tree Restaurants, Inc. Ne stated that Sutter's Mill has applied for a new license at the Lemon Tree location and if the new application is approved, the business would come under new ownership and the Lemon Tree license would be withdrawn. The Mayor asked for questions or comments from the public; there were none and lhe hearing was closed at 7:37 p.m. Mayor Garrison called the public hearing to order at 7:37 p.m. on the application of Sutter's Mill Apple Valley, Inc., for an on-sale and Sunday liquor license and noted receipt of the affidavit of publication of the hearing notice. The Council received CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Page 2 a report from the Police Chief, dated November 23, 1981, stating no negative informa- tion has been found in its investigation of the application. The Mayor asked for questions or comments from the public; there were none and the hearing was closed at 7:38 p.m. The Mayor stated that consideration of approving all of the licenses will be given at the Council's December 10, 1981 meeting. Mayor Garrison called the public hearing to order at 7:39 p.m. on Project 81-1, Cedar Avenue drainage and utility crossings, and noted receipt of the affidavit of publica- tion of the hearing notice. Mr. Asleson said that, as the County Road 42 improve- ments, the Cedar Avenue improvements will be handled as two projects, the utilities are one and the road and related storm sewer will be another. Keith Gordon reviewed the proposed improvements outlined in his report, dated October 6, 1981, and said the utility crossings would be installed before any road improvements are begun in order to avoid disturbing the driving surface in the future. Mr. Asleson reviewed the proposed assessments for the.project including sewer and water trunk assessments and lateral assessments. He also said the utilities for most of the abutting property have been in place for several years, but not all of the property has been assessed. Mayor Garrison read an objection received from Dorothea Russell, dated November 24, 1981, stating that she is objecting on the grounds that her property will not benefit from the proposed improvements. Mrs. Russell asked for an explanation of the differ- ence between trunks and laterals. Mr. Gordon explained this. Vurl Warmoth, of Mt. Olivet Church, asked what assessment is proposed for the church property? Mr. Asleson said the church was assessed for trunks in 1969 and only lat- erals will be assessed now. Jim Heidemann asked if there is a utility stub to his property and if he can connect to it. Mr. Gordon said there is one, but it is only large enough to serve one house and a larger one will be installed to serve the rest of his property in the future. also said a stub will be installed for the Schindeldecker property. Mrs. Russell asked for clarification on proposed assessments. Mr. Asleson said her property was previously assessed for trunk charges and the lateral charges would be $15.00 per front foot each for water and sewer. There being no further questions, the hearing was declared closed at 8:05 p.m. Mayor Garrison reviewed Mr. Asleson's memo of November 23, 1981, concerning towing ser- vice bids. The Council received a letter, dated November 24, 1981, from Apple Valley Collision. Councilmember Overgard asked Jim Anderson, of Apple Valley Collision, how many vehicles they would have in Apple Valley for towing? Mr. Anderson said they would have three trucks in total, two would be kept in Apple Valley and one in Rosemount and the trucks could be used interchangeably. Councilmember Branning asked Mr. Anderson what the minimal charge for releasing vehicles at times other than the Monday through Saturday hours would be? Mr. Anderson said $3.00 to $5.00. Councilmember Branning asked Dick Tuthill, of Dick's Valley Service, the same question. Mr. Tuthill said during the past two years that he has had the contract he has not had a request for a release during non-business hours because he CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Page 3 has longer hours and is open on Sundays. He has gotten personal belongings for people from vehicles at no charge. Councilmember Kelly asked Mr. Anderson how tows of motorcycles and snowmobiles would be handled since he did not list a trailer on his bid? Mr. Anderson said motorcycles are put in a sling on a wrecker and he has a personal snowmobile trailer that can be used if necessary. MOTION: of Overgard, seconded by Garrison, adopting Resolution No. 1981- 204 awarding the contract for vehicle towing and impounding ser- vices for the City for the period January 1, 1982, through Decem- ber 31, 1983, to Apple Valley Collision, Inc., the low bidder, based on the bids received November 18, 1981, and authorizing the Mayor and Clerk to execute the contract subject to receipt of the required performance bond and insurance certificate documents. RES. 1981-204 A.V. COLLISION TOWING CONTRACT Councilmember Savanick asked about response time. Mr. Asleson said the contract specifies a maximum of 30 minutes of response time. Frank Kleckner commented on quality of service and asked if the Council is required to accept the lowest dollar bid? James Sheldon said, legally, the City must accept the lowest responsible meeting the specifications. Mr. Tuthill said about half of the tows occur on Saturday nights and if the extra im- pounding fee for not releasing a vehicle until Monday is considered, the dollar amounts of the bids for those tows are request. Mr. Anderson said the vehicle could be released during non-business hours by payment of a minimum charge. Councilmember Kelly said she would vote against this motion based on the hours during which vehicles can be picked up. Vote was taken on the motion. Ayes - 4 - Nays - 1.(Kelly). The Council received a report, dated November 20, 1981, from Police Chief Rivers on the number of accidents in 1980 and 1981 at the intersections of 123rd Street, 127th Street and 140th Street and Cedar Avenue and Galaxie, Johnny Cake, Pilot Knob and t40th Street. John Buswell commented that part of the traffic problem at Pilot Knob and 140th Street is caused by vehicles parking along Pilot Knob south of 140th Street. Councilmember Branning said he had to leave the meeting at this time, but wanted to com- ment on John Gretz's report, dated November 23, 1981. He said he agrees with the recom- mendation for 123rd Street and would like to see some type of control at 127th and Cedar and either a temporary control at 140th and Cedar or 4-way stop signs. (Councilmember Branning left at this time.) County Commissioners Gene Atkins and John Voss were present. Mayor Garrison reviewed Mr. Gretz's report on the intersections. Mr. Gretz showed the proposed 1982 construc- tion on Cedar on a map and reviewed some of the rationale behind each of the suggestions for the intersections as they were formulated by Pete Sorenson, Lloyd Rivers and him. He also reviewed the traffic counts taken at Cedar and 140th Street during the past CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Page 4 Ed Carlier questioned the suggested restrictions at 123rd and 127th Streets. Mr. Gretz said the suggestion is to restrict all left turn movements at 123rd and Cedar and restrict left turns from Palomino Drive and 127th Street onto Cedar Avenue during peak traffic periods. Right turns would be permitted, but left turns are what is causing a lot of the traffic problems. Councilmember Overgard asked why a temporary signal is not suggested for 127th and Cedar? Mr. Sorenson said the Council received a report he prepared on this inter- section a few months ago and the problem with a signal is that there is not enough room for left turns. The signal would not make it a safe intersection because of the turning movements. Councilmember Overgard questioned a signal at 140th and Cedar. Mr. Sorenson said the contract for a new signal at this intersection will be let next year and by the time a temporary signal would be installed, it would be nearly time for construction to start. He also said there are requirements on the design of a signal which have to be met for it to be legal. Councilmember Kelly commented on traffic problems at the intersection, but said she is opposed to 4-way stop signs. Councilmember Savanick asked if the signals at Cliff Road and old Cedar Avenue could be moved here? Mr. Sorenson said those signals are being put on poles at that intersection for permanent installation. Barbara Calistro said she would like to have a signal at that intersection to make it safer. Gloria Rea, Transportation Director for School District 196, said part of the pro- blem is that there should be turn lanes on 140th Street and she would also like to see a signal at that intersection. John Buswell commented that since the Cedar Avenue freeway has opened and there is no signal to break up traffic flow, there are no gaps in traffic on Cedar Avenue for vehicles to cross it. Dennis Miller, a school bus driver, said he agrees a signal is needed and also guarded lanes at 123rd and 127th Streets are needed. Frank Kleckner said he supports signals at 140th and Cedar and believes most of the other residents of the City do also. Mayor Garrison asked when construction will begin on Cedar Avenue? Mr. 8orenson said the portion from 139th Street to Whitney Drive will begin as soon as the frost is out of the ground in 1982 and should be completed in 1983. Mayor Garrison asked if the permanent signals for 140th Street could be ordered now and installed at the intersection on a temporary basis until they are installed permanently? Mr. Soren- son said the signal heads will be designed for six lanes of traffic on Cedar with turning movements and could not function properly in a temporary installation. Mr. Asleson asked how long it would take to get a temporary signal if it were requested now? Mr. Sorenson said March of 1982. The Council received a letter, dated November 24, 1981, from Harold Bergquist of School District 196 supporting a signal at Cedar and 140th Street. MOTION: of Garrison, seconded by 0vergard, approving items 1, 2, 3, and 4 of John Gretz's memo, dated November 23, 1981, related to Cedar Avenue intersections and requesting the County Board to consider the same for approval and authorize installation of the appropriate signage. CEDAR AVENUE INTERSECTIONS CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Page 5 John Voss said the next meeting of the County Board is December 8, 1981, and it could act on this request so the Council could have an answer by its December 10th meeting. Councilmember Kelly commented that problems with the 140th and Cedar intersection were discussed when construction of the 140th Street was proposed. Ed Carlier asked why a 4-way,stop couldn't be installed at 127th and Cedar? Mayor Garrison said this had b&en studied and it would not make the intersection safer and would cause traffic delays. He said if a 4-way stop were approved by the County Board, the City Council would go along with it though. Councilmember Kelly asked that the Council vote on the individual points of the motion. MOTION: of Garrison, seconded by Overgard, approving item 3 of the above 132ND & CEDAR motion, severing access from 132nd Street to Cedar Avenue. Ayes INTERSECTION - 4 - Nays - 0. MOTION: of Garrison, seconded by 0vergard, approving item 4 of the above motion, requesting installation of 4-way stop signs at the inter- section of 140th Street and Cedar Avenue. Ayes - 3 - Nays - 1 (Kelly). 140TH & CEDAR INTERSECTION 127TN & CEDAR INTERSECTION 123RD & CEDAR INTERSECTION MOTION: of Garrison, seconded by Overgard, approving item 2 of the above motion, restricting left turning movements from Palomino Drive and t27th Street (County Road 38 onto Cedar Avenue during peak traffic flow periods. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Savanick, amending the above motion on item 1 and approving restricting left turning movements from 123rd Street and Cimarrom Road onto Cedar Avenue during peak traffic flow periods. Ayes - 4 - Nays - 0. (The Council recessed at this time and upon reconvening, Councilmmeber Kelly was absent.) MOTION: of Overgard, seconded by Savanick, approving an Agreement with Da- CEDAR CONST. kota County for construction of CSAH 23 (Cedar Avenue) between CR AGREEMENT 38 (138th Street) and Whitney Drive and authorizing the Mayor and Clerk to execute the same. Ayes - 3 - Nays - 0. MOTION: of Savanick, seconded by Overgard, approving Traffic Control Sig- CEDAR SIGNALS nal Agreement No. 81-03 with Dakota County for signals at 140th and AGREEMENT 147th Streets and Cedar Avenue in connection with Cedar Avenue con- struction and authorizing the Mmyor and Clerk to execute the same. Ayes - 3 - Nays - 0. The Council received a letter from James Sheldon, dated November 23, 1981, related to notices of appeal for special assessments. John Gretz reviewed the history of the right- of-way acquisition for County Road 42 improvements related to Assessment No. 182 on the D-W Investment property. Mr. Gretz said the original discussions included a proposal not to assess the project if all of the easements for the road were dedicated by the property owners. Since not all of the property owners would dedicate easements, the City agreed that Dakota County would acquire the right-of-way and the City would assess part of its share of the project costs. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Page 6 Dakota County had an appraisal done on the D-W Investment property for right-of-way acquisition purposes and the City had an independent appraisal done on the property for assessment purposes. Both appraisals were based on multiple dwelling uses on the property, as shown in the Comprehensive Plan. At that time, the property was owned by Art Fischer. When D-W Investment acquired the property, it agreed to accept the County's offer for the right-of-way and the property was later rezoned to commercial Richard Winkler, of D-W Investment, stated that since the right-of-way was acquired based on multiple uses, the property shduld also be assessed based on multiple uses even though the assessment public hearing was held after the property had been re- zoned to commercial uses. The difference would be about $14,000. (Councilmember Kelly returned to the room during this time.) Councilmember Overgard said she has a problem with fairness because the right-of-way was acquired based on multiple use. Mayor Garrison said he agrees, but the right-of- way acquisition has nothing to do with the assessment and the property is now zoned commercial. Mr. Asleson said because there is a planned development agreement on the property now, it was suggested that the agreement be amended to compensate for the difference between a multiple use and commercial assessment if the property does not develop as commercial within the three-year term of the agreement. Mr. Winkler would not agree to this. Mr. Asleson said the City did not know what the County had used in the right-of-way acquisition and the property was zoned commercial when it was assessed. Mayor Garri- son said, based on the Attorney's letter, the only consideration of the Council should be the correctness of the assessment and he does not believe invalidity of the assess- ment roll has been shown. Councilmember Savanick stated that if the property had been platted already, the City would have acquired the right-of-way at no cost and the property would also have been assessed for the project costs. The Council discussed assessments and acquisitions of other properties in the project. Mr. Winkler said the County based the highest and best use of the property for appraisal purposes on the City's Comprehensive Plan which showed multiple and that should also be the basis of the assessment. The Council discussed the effects this could have on other properties in the assessment roll which might appeal. Mr. Asleson said this is the only appeal from commercially zoned property and the only property which was rezoned during the right-of-way acquisition process. MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981- RES. 1981-205 205 amending Assessment Roll No. 182 by reducing the amount of AMEND D-W INV. the special assessment on the D-W Investment property to $14,185 ASSMT. 182 based on the multiple use assessment rate. Councilmember Savanick asked whether the Council had to act on this now? Mr. Asleson said if the Council does not act on it, Mr. Winkler would have to file an appeal by November 27, 1981, in order to preserve his rights under the assessment laws. MOTION: of Savanick, seconded by Garrison, tabling consideration of the above motion. Ayes - 2 - Nays - 2 (Kelly and Overgard). Motion Failed. CITY OF APPLE VALLEY Dakota County, Minnesota November 24, 1981 Page 7 Mr. Sheldon stated that as a basis for reducing the assessment, the Council would consider that part of the project cost the City is assessing was payment for right-of-way acquisi- tion. Since the D-W Investment right-of-way was paid for at a lower multiple rate, it was a cost saving to the City in the project and should be assessed at the multiple rate. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Savanick). MOTION: of Overgard, seconded by Kelly, adopting Resolution No. 1981-206 ordering Project 80-16, street and utility improvements for South- port Phase I. Ayes - 4 - Nays - 0. RES. 1981-206 ORDER PROJECT 80-16 RES. 1981-207 PROJ. 80-16 PLANS & SPECS STREET NAME SIGNS TABLE GOLF COURSE REPORT SET BUDGET MEETING FINAL PLAT MONTGOMERY 2ND ADDITION CLAIMS & BILLS MOTION: of Overgard, seconded by Savanick, adopting Resolution No. 1981- 207 directing the Engineer to prepare plans and specifications for Project 80-16. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving the use of reflective, non-embossed type street name signs in the City which will be mounted on street light poles where applicable. Ayes - 4 - Nays MOTION: of Overgard, seconded by Kelly, tabling a report on the Golf Course Clubhouse project until the December 10, 1981 meeting. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, setting an informal meeting at 7:30 p.m. on December 3, 1981, to continue review of the 1982 budget documents. Ayes - 4 - Nays - 0. MOTION: of Overgard, seconded by Kelly, approving the final plat of Mont- gomery 2nd Addition, for the Kinder-Care Learning Center, author- izing the Mayor and Clerk to sign the same and waiving the re- quirement for a development agreement. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, to pay the claims and bills, checks numbered 23667 through 23676, 25212 through 25260, 25270 through 25299, 25302 through 25336, 25346 through 25383 and 25392 through 25404, in the total amount of $2,583,544.01. Ayes - 4 - Nays - 0. MOTION: of Kelly, seconded by Overgard, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 11:21 o'clock p.m.