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HomeMy WebLinkAbout03/08/2001CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 8th, 2001, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann - Roland ; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Assistant to the Administrator Grawe, Public Works D irector Heuer, Parks and Recreation Director Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, Assistant Planner Milton, Administrative Assistant Pederson, and Fire Chief Wassmund. Mayor Hamann - Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann - Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Graham Cameron, 13654 Elkwood Drive, presented a petition concerning potential future improvements to Embry Way. The residents of Elkwood D rive do not want to pay for the improvements nor do they want to have a future access, via 136th Street, constructed. They do not object to the six - lot development being proposed by Robert Shackelford on Embry Way. The petition is only being submitted fo r the record. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the reg ular meeting of February 22nd, 2001, as written. Ayes - 5 - Nays - 0. Resolution No. 2001 - 38 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley C hamber of Commerce, for an event on May 3, 2001; at CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 2 Rascal’s, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. Resolution No. 2001 - 39 MOTION: of Sterling, seconded by Grendahl, adopting authorizing distribution of t he final environmental Alternative Urban Areawide Review (AUAR) and Mitigation Plan for the proposed Cobblestone Lake development, the southeast corner of the City. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback varian ce to allow construction of a garage addition to within 16 feet of the rear lot line on Lot 3, Block 2, The Oaks of Apple Valley (13420 Guild Avenue) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2001 - 40 MOTION: of Sterling, seconded by Grendah l, adopting approving the final plat and subdivision agreement for Culver’s Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving release of th e financial guarantees for Fraser 1st Addition from $4,900.00 to 0 and $2,875.00 to 0, as described in the Community Development Secretary’s memo dated March 2, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001 - 41 MOTION: of Sterling, seconded by Grendahl, adopting approving plans and specifications for Project 00 - 146, 140th Street Traffic Control Signal Systems at Garden View Drive, Hayes Road, and Pennock Avenue; and authorizing advertising for receipt of bids, at 2:00 p.m., on April 12, 2001. Ayes - 5 - Nays - 0. Resolution No. 2001 - 42 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 00 - 136, Regatta Park Improvements, to McNamara Contracting, Inc., the low bidder, in the amount of $65,377.70. Ayes - 5 - Nays - 0. MO TION: of Sterling, seconded by Grendahl, approving Change Order No. 16 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the additional amount of $3,099.00, for various items. Ayes - 5 - Nays - 0. MOTION: of Sterling, s econded by Grendahl, approving Change Order No. 17 to the contract with Shaw Lundquist for the Municipal Center Construction Project in the additional amount of $23,982.00, for video equipment items. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 3 MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with General Security Services Corporation for the Municipal Center Security System in the additional amount of $29,351.12. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a n Agreement with CNH Architects, Inc., for miscellaneous small architectural studies and consulting services as attached to the Assistant to the City Administrator’s memo dated March 8, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the proposal for Remodeling of Liquor Store No. 1 Entrance, estimated at $50,000.00, and authorizing soliciting quotations for the work as described in the Assistant to the City Adminis trator’s memo dated March 8, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Mowing and Trimming Maintenance Services for 2001 with BDL, Inc., in the amount of $49,079.80, as attached to the Park Maintenan ce Superintendent’s memo dated February 27, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement for Pool Water Management Program Services with Hawkins Ch emical, Inc., for three years, as attached to the Parks and Recreation Director’s memo dated March 5, 2001, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2001 - 43 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on April 12, 2001, to consider vacating a drainage and utility easement on Lot 1, Block 1, Hidden Ponds. Ayes - 5 - Nays - 0. Resolution No. 2001 - 44 MOTION: of Sterling, seconded by Grendahl, adopting auth orizing the public sale of a 1997 Harley Davidson motorcycle, forfeited to the City, and authorizing advertising for receipt of sealed bids, at 2:00 p.m., on April 3rd, 2001. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hirin g the part - time and seasonal employees as listed in the Personnel Report and Addendum dated March 8, 2001. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PARTNER IN PROGRESS AWARD CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 4 Dakota Electric Association Board Members Bill Holton and Jim Sheldon presen ted an award to the City Council for being a “Partner in Progress” for 2000. They congratulated the City on the development opportunities it provides and those are the basis for the award. GARDEN VIEW DRIVE TRAFFIC COMMITTEE RECOMMENDATION Mr. Lawell re viewed his memo dated March 8, 2001, describing the Garden View Drive Ad Hoc Advisory Committee on Traffic process. It studied the corridor between County Road 38 and 160th Street, during the last several months, and will be presenting its final recommend ation at this time. He acknowledged the Committee members who were present and thanked all of them for their work since last spring. Arthur Zimmerman gave the Committee’s report, finalized at its last meeting on February 26, 2001. He noted the Council a uthorized preparation of plans for some traffic calming measures, between Baldwin Drive and 157th Street, at its meeting of February 8th. They will be included in the 2001 street overlay project. A total of 23 items are contained in the recommendation. Implementation has already been done or is started on 12 of the items. The recommendations have been generally agreed to except the channelized island (pork chop) at the intersection of Garden View and County Road 46. Traffic calming is also suggested fo r three other streets; Harwell Avenue, Harmony Way, and Hyland Pointe. Residents of those streets should be involved in any of those decisions. Mr. Zimmerman said the channelized island has been the subject of controversy, but the Committee asks it not b e dropped completely. They ask that future traffic signals at Garden View and County Road 46 be designed to be compatible with possible installation of a pork chop in the future. He presented a petition, signed by residents north of County Road 42, askin g that the right turn only barrier be installed. Glen Damerell, 15996 Hyland Pointe Court, commented on the new Highview Avenue connection already open at County Road 46. He took traffic counts on March 5th, between 5:00 and 6:00 p.m. There were 16 cars going straight south to Garden View, or 19 percent, with 81 percent turning. He also counted on March 6th, between noon and 1:00 p.m. There were seven cars crossing, or 15 percent, with 85 percent turning. He noted he also has data on vehicles travelin g in the other direction. He is opposed to installation of a pork chop at the intersection. Rob Kesselring, 15849 Garden View Drive, presented a petition, consisting of 297 letters, supporting the Committee’s recommendation including a pork chop at the i ntersection of County Road 46 and Garden View. He commented on maintaining quality of life and safety for the neighborhood. More children will be walking to schools if bus transportation is reduced, as proposed by the School District; and he expressed co ncern for their safety. He believes the pork chop barrier is needed and residents will be able to live with the restrictions and less convenience. Bryan Peffer, 15836 Hyland Pointe Court, said he reviewed copies of Committee minutes. The initial stated goals were to ensure safety of those who live on and utilize Garden View Drive; not reduce CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 5 traffic. Garden View is a collector street designed for 3,000 to 6,000 cars per day. Revised counts show a growth to 6,200 cars. The pork chop would channel traff ic onto other streets, toward 157th Street, and then back to Garden View anyway. Large traffic increases on Harwell and Harmony would be unacceptable. Mike Batt, 15944 Hyland Drive, commented on growth continuing in Lakeville. It will provide more shopp ing for its residents who will then not have as great a need to travel to Apple Valley’s shopping area. ALF Ambulance Service covers both cities and response time to his neighborhood would be slowed if the pork chop is installed. He agrees with everythin g in the Committee’s recommendation except the pork chop. Steve Fisher, 15845 Hyland Pointe Court, said the new development in Lakeville, south of County Road 46, has 158 lots platted and will develop over time. Dodd Boulevard is scheduled to become a fo ur - lane road connecting to Cedar Avenue. He does not believe traffic on Garden View will increase at the rate the Committee projects. Curt Armstrong, 15825 Garden View Drive, cited the number of parks, schools, and recreational facilities in the 20 - block area around Garden View and County Road 42 that attract pedestrians. There will be more children walking to schools. He said five children were already hit by cars and streets are being overloaded by cars. He asked that the pork chop at County Road 46 be installed. John Eastham, 15727 Harmony Way, said the petition from the area north of County Road 42 assumes a pork chop at County Road 46 will reduce traffic in their area and that is not true. Harmony Way also has children walking to parks, but it is a narrower street that cannot handle more traffic. He noted there was one fatality where a car hit a child, in the last five years, in Apple Valley, and the driver was also from Apple Valley; not from another city. Anthony Nelson, 890 Redwood Drive, sai d if a pork chop is installed, traffic returning home will use Keller Lake Drive and Redwood as alternates. At one time Burnsville considered closing the connection. The County would also like to close the intersections of Redwood and Elm Drive with Coun ty Road 42. Those changes would move all the traffic to Garden View. Installing a barrier is setting up neighborhood against neighborhood and should not be done. The Council asked Glen Van Wormer, the Traffic Consultant, to comment on traffic counts and signal installation. Mr. Van Wormer said counts at County Road 46 were taken in both directions, 24 hours a day. They attempted then to forecast future traffic by accounting for moving the Highview intersection to align with Garden View and future growt h. The County has waited for the new road to open to take counts for a signal. The City will be involved in the approval process and will pay one - fourth of the cost of the signal. Councilmember Grendahl said a letter was submitted by Gary Humphrey quest ioning the use of maintenance fund dollars for traffic calming on Garden View and suggesting it should be a capital CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 6 improvement. Mr. Dougherty said the Council has the authority to use the funds for the work. The work is being funded by general fund doll ars. Mr. Lawell said the Committee’s recommendation includes channelization and signal modifications at the County Road 42 and Garden View intersection. The County does not support that and work would have to be done with the County to determine what is acceptable. Councilmember Grendahl asked how much of the recommendation could be done this year? Mr. Heuer said plans were authorized to take bids on traffic calming items between Baldwin Drive and 157th Street with the street overlay project. That is e stimated at $135,000. Garden View, north of County Road 42, is scheduled for overlay next year and items in that area could be included. A signal will be installed at 140th Street and Garden View this year but it does not include the channelizing islands recommended. Mike Fix, 15888 Harwell Avenue, stated that if the pork chop is installed at County Road 46 and Garden View, the same barrier will have to be installed at Harwell. Most likely, similar barriers will be needed at the other intersections with County Road 46. Mayor Hamann - Roland thanked the Committee and neighborhoods for their input. A phased implementation approach to the recommendation makes sense. The City will have to work with the County to determine what can be done at the county road intersections. MOTION: of Sterling, seconded by Grendahl, receiving the final report of the Garden View Drive Ad Hoc Advisory Committee on Traffic, as presented, and thanking the members for their work. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, communicating to Dakota County that it proceed with traffic signal design at the intersection of County Road 46, Garden View Drive, and Highview Avenue; and use innovative engineering to encourage traffic to move in east - west directions and d iscourage northbound traffic from Lakeville, as much as possible; taking into consideration a design compatible for potential modification should a channelized right turn island be installed at some point in the future. Councilmember Erickson said the Cou ncil is concerned about children’s safety. However, he disagrees with the focus of the Committee’s recommendation; to install a barrier at County Road 46. He does not believe it should be installed and should be considered only as a last resort after oth er methods of traffic calming have been implemented. Councilmember Goodwin said signal design takes into account the physical layout of the road. Changes in signal timing can be accomplished without dramatic construction. If a pork chop is installed at County Road 46, there is no doubt Lac Lavon area residents would request that Burnsville close their street. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 7 Vote was taken on the motion. Ayes - 5 - Nays - 0. Councilmember Grendahl said she voted for a $200,000 contingency in the budget for traffic improvements. Approximately $135,00 is allocated thus far. She asked if the Committee has a recommendation for the remaining $65,000; if not, it is early in the year and the balance should probably be retained. Mr. Van Wormer reviewed the chart used at the open house listing ten items it recommended. He reviewed the items already in progress and noted the items listed for the area north of 145th Street. A channelizing island at 140th Street is estimated at $118,000. The Mayor noted that except for the intersections of County Road 42 and County Road 46 and the far north end of Garden View, the traffic calming recommendations will be implemented by the end of 2002. EAST VALLEY PLAZA ANIMAL CLINIC Ms. Milton reviewed the Planning Commission recommendati on for a veterinary clinic located in East Valley Plaza, southwest of 140th Street and Essex Avenue. She reviewed plans for the 3,500 square - foot, one - story, building and the conditions recommended by the Planning Commission. Resolution No. 2001 - 45 MOTION: of Erickson, seconde d by Goodwin, adopting approving the site plan and authorizing issuance of a building permit for a veterinary clinic on Lot 3, Block 1, East Valley Plaza 3rd Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CULVER’S MULTI - TENANT RETAIL BUILDING Mr. Lovelace reviewed the Planning Commission for a multi - tenant retail building located northwest of 153rd Street and Galaxie Avenue. The site was initially referred to as Culver’s Addition; revise d to New Century Addition, and the final plat approved as Culver’s Addition. He reviewed plans for the 15,435 square - foot building and modifications recommended by the Planning Commission. Resolution No. 2001 - 46 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a multi - tenant building on Lot 2, Block 1, Culver’s Addition, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. POLICE CHIEF HIRING SELECTIO N Mr. Lawell commented on the recruitment process to fill the position of Chief of Police. A subcommittee, consisting of the Mayor, Councilmember Erickson, and him, narrowed the candidates to three. The Council interviewed the three finalist candidates March 7, 2001. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 8 MOTION: of Erickson, seconded by Goodwin, selecting James Coan as the candidate for Police Chief and directing Staff to proceed with negotiation of the employment package with him and the offer of employment. Mr. Lawell said Mr. Coan is currently Police Chief in Whitewater, Wisconsin, and reviewed his biographical information. Councilmember Goodwin noted all three finalists were excellent candidates and he thanked them for their interest in Apple Valley. Vote was taken on the motion. Ayes - 5 - Nays - 0. ALF AMBULANCE ALTERNATE Mr. Lawell said Councilmember Sterling is currently the City’s representative on the ALF Ambulance Board and Annette Margarit was the alternate. Councilmember Sterling is unable to attend the March 14th meet ing and the alternate position is now vacant. MOTION: of Grendahl, seconded by Erickson, appointing Tom Lawell as the City’s alternate representative on the ALF Ambulance Joint Powers Board. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council re ceived a memo dated March 5, 2001, with a calendar listing upcoming events. The Mayor noted the State of the City will be presented at the Chamber of Commerce meeting on March 14th and rebroadcast on cable television later in the week. Councilmember Ster ling said she had an opportunity to review the Police Department 2000 annual report and found it very informative. Councilmember Goodwin agreed and said he also noted an increase in traffic related problems that action is being taken to address. CLAIMS A ND BILLS MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated February 28, 2001, in the amount of $4,451,875.62; and March 7, 2001, in the amount of $480,058.74. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY - CLIENT ISSUES Mr. Dougherty advised the City Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1d(e), to discuss the status of threatened and pending litigation. The item to be discussed involves litigation against the Cit y by Williams Pipe Line Company. CITY OF APPLE VALLEY Dakota County, Minnesota March 8, 2001 Page 9 MOTION: of Grendahl, seconded by Sterling, to close the regular meeting and convene in closed session to discuss threatened and pending litigation related to the Williams Pipe Line claim. Ayes - 5 - Nays - 0. The meeting was closed at 10:07 p.m. and the Council convened in the Conference Room, at 10:15 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, Public Works Director Heuer, and Community Development Director Kelley. Mr. Doughe rty advised the Council that its discussion must be limited to the legal matters and if issues are discussed outside of this meeting, the attorney - client privilege will be lost. The Council reconvened in open session at 10:39 p.m. MOTION: of Erickson, se conded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:40 o’clock p.m.