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HomeMy WebLinkAbout04/13/2000CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 13th, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Rola nd; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Assistant Planner Bodmer, Police Chief Erickson, Assistant to the Administrator Grawe, Acting Public Works Director Heuer, Community Development Director Kelley, Parks & Recreation Director Johnson, Police Captain Lohse, City Planner Lovelace, Human Resources Manager Margarit, and Administrative Assistant Pederson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone in attendance took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Sterling, secon ded 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 regular meeting of March 23rd, 2000, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proclaiming April 9-15, 2000 as “Volunteer Recognition Week” and thanking those who contribute their time, talent, and energy to the community. Ayes - 5 - Nays - 0. Resolution No. 2000-75 MOTION: of Sterling, seconded by Gr endahl, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion Auxiliary, Unit 1776, for an event on CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 2 May 13th, 2000, and waiving any waiting period for the permit to become effective. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, authorizing disposing of unclaimed found property and surplus City property by public sale and setting the sale for May 10, 2000, from 5:00 p.m. to 7:30 p.m., at the Central Maintenance Facility, as requested in the City Clerk’s memo dated April 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-76 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on May 11, 2000, on the application of The Restaurant Company, d/b/a Perkins Restaurant & Bakery, for on-sale wine and on- sale nonintoxicating malt liquor licenses at 7620 West 150th Street. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, setting a public heari ng before the Telecommunications Advisory Committee, at 7:00 p.m., on May 2, 2000, on proposed basic cable television service tier rate changes filed by Charter Communications. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Amendment to the 2000 Joint Powers Agreement for the Dakota County Drug Task Force, allowing the City of Savage to become a member, as attached to the Police Captain’s memo dated April 7, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, receiving the Apple Valley Police Department’s 1999 annual report. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction of a second story deck on the Northwest Airlines Federal Credit Union Building to within 11.5 feet of the east lot line, on Lots 1 and 3, Block 7, Apple Valley Commercial Addition; and Lot 2, Block 1, Apple Valley Commons; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-77 MOTION: of Sterling, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for the City’s Municipal Center addition to the existing Police Facility, on Lot 2, Block 1, Western Service Center, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2000-78 MOTION: of Sterling, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on May 11, 2000, to consider vacating a drainage and utility easement on Lot 1, Block 1, Olson First Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 3 MOTION: of Sterling, seconded by Grendahl, rejecting the settlement offer of $257,187.00 by Raymond Tousignant for acquisition of Outlots A and B, Apple Valley East 6th Addition, in connection with Diamond Path/Dodd Boulevard reconstruction, and continuing with condemnation proceedings, as recommended in the Community Development Director’s memo dated April 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-79 MOTION: of Sterling , seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for U-Haul Apple Valley Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-80 MOTION: of Sterling, seconded by Grenda hl, adopting approving the final plat and Subdivision Agreement for Timber Ridge Townhomes and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-81 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 99-124, Timber Ridge Townhomes Utility Improvements, to Hydrocon, Inc., the low bidder, in the total amount of $48,937.00. Ayes - 5 - Nays - 0. Resolution No. 2000-82 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 99-123, 2000 Street Maintenance Program; to Ideal Paving, Inc., the low bidder, in the amount of $749,500.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the c ontract with Brown & Cris, Inc., for Project 99-107, Pahls Garden Lots Trunk Sanitary Sewer, in the amount of an additional $39,829.21. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, continuing the public hearing on Project 00- 127, Storm Sewer Pond EVR-P44 Construction to April 27, 2000, at 8:00 p.m., as requested in the City Engineer’s memo dated April 10, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-83 MOTION: of Sterling, seconded by Grendahl, adopting awarding the purchase of a Telescoping Aerial Lift Truck with Sign Utility Body to Aspen Equipment, Inc., the low bidder, and accepting Alternate No. 1, for a total cost of $84,299.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Agreement with Barr E ngineering Company for water quality monitoring services on Pond 213P, at a cost not to exceed $15,155.00, as attached to the Natural Resources Coordinator’s memo dated April 10, 2000; and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 4 MOTION: of Sterling, seconded by Grendahl, authorizing the expenditure of $95,000.00 from the Park Maintenance Fund for 2000 park improvement projects, as described in the Park & Recreation Director’s memo dated April 7, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of employee long term disability insurance coverage with Standard Insurance Company, as attached to the Human Resources Manager’s memo dated April 13, 2000. Ayes - 5 - Nays - 0. MOTION: of Ster ling, seconded by Grendahl, approving hiring Brian Plantz for the position of Police Dispatcher, as listed in the Personnel Report dated April 13, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Joseph Przybylski fo r the position of Parks/Sports Arena Maintenance Worker I, as listed in the Personnel Report dated April 13, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reclassification of the Accountant position from pay scale 4 to pay scale 6, as listed in the Personnel Report dated April 13, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees, as listed in the Personnel Report dated April 13, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RED ROBIN RESTAURANT ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:04 p.m., to consider the application of LeCarnassier, LLC, d/b/a Red Robin, for on-sale and Sunday liquor licenses at 15560 Cedar Avenue, and noted receipt of the affidavit of publication of the hearing notice. The City Clerk reviewed the application as described in her memo dated April 10, 2000. A building permit for the restaurant was authorized in January. Construction is beginning with an estimated opening in mid-August. Mike Grewe, representing Red Robin, was present to answer questions. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:05 p.m. Resolution No. 2000-84 MOTION: of Goodwin, seconded by Erickson, adopting authorizing issuance of On-Sale and Sunday On-Sale Intoxicating Liquor Licenses to LeCarnassier LLC, d/b/a Red Robin Restaurant, at 15560 Cedar Avenue (Lot 1, Block 1, Carroll Center 4th Addition). Ayes - 5 - Nays - 0. GARDEN VIEW DRIVE TRAFFIC CONCERNS CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 5 Mr. Lawell reviewed the background of issues related to neighborhood concerns about traffic volumes and speeds on Garden View Drive between County Road 42 and County Road 46 as contained in his memo dated April 10, 2000. Traffic studies have been done, and are continuing to be undertaken, and some traffic calming steps have been implemented. The issue of realignment of Highview Avenue in Lakeville still exists. The developer of the proposed plat of Vermillion Springs, in Lakeville, Ray Brandt, will be holding a neighborhood meeting, at Valley Middle School, on April 25, 2000, to inform residents about the proposal. Glen Van Wormer, consultant traffic engineer, summarized past issues and traffic counts taken last week at the intersections of Whitney, 157th Street, and 160th Street with Garden View Drive. It shows as high as 5,300 trips per day at Whitney and Garden View. Based on the number of homes in the area, approximately 4,300 trips per day are generated from within the neighborhood itself. He will need to do projections to determine the impact of traffic on other streets if the intersection of 160th and Garden View is restricted. In order to make this analysis, he needs Lakeville’s traffic plan which it will be providing next week. Whatever is done at the intersection of 160th and Garden View will have to involve Dakota County. The County right-of-way line extends about 25 to 30 feet north of the curbline at 160th and Garden View. Denise Louis, 15754 Hayes Trail, representing The Garden View Drive Neighborhoods, commented on her letter dated April 6, 2000, requesting access to Garden View be restricted at 160th Street. She read a December 1998 letter from the County Commissioner stating the County does not make recommendations on locations of City streets. She referred to a February 8, 2000, letter which indicates a different attitude. In a conversation with the Commissioner, he again stated that City has control over its streets. Ms. Louis summarized information, she had presented at a land preservation forum, about the impact on neighborhoods of connecting a four-lane road to a two-lane road. She related examples of people from other cities coming to Apple Valley to shop and using City streets as commuter routes. Principals of Southview and Valley Middle Schools submitted a letter, dated March 30, 2000, expressing their concern about traffic on Garden View. She asked the Council to have City Staff communicate to Lakeville that something will be done to restrict traffic from using Garden View. Jim Kavanaugh, 15861 Garden View Drive, described the loss of a relative killed while crossing another street and asked the Council to do something to reduce the amount of traffic and its speed on Garden View. Mayor Hamann-Roland asked that, in addition to the letter from Mr. Brandt informing residents about the April 25th meeting, a flyer be prepared and distributed to residents via students at Southview, Valley Middle, and Westview Schools. She thanked Lakeville for taking the lead in setting a meeting. The intent will be to come back with options for the Council to reach a conclusion on the issue. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 6 Councilmember Grendahl asked Ms. Louis if she would get the County Commissioner’s comments about City control of the intersection in writing prior to the April 25th meeting. She said residents of Harmony Way, Harwell Avenue, Hyland Avenue, and connecting streets should be aware that moving traffic off Garden View will force traffic onto other streets. Councilmember Sterling noted the City has no plans to widen Garden View to four lanes and the speed limit will continue at 30 miles per hour. She asked if Lakeville and Dakota County will be represented at the April 25th meeting? Mayor Hamann-Roland said Lakeville, the developer, and Mr. Van Wormer will be at the meeting. Dakota County has been invited. Peg Smith, 8517 West 144th Street, noted the speed limit on Garden View is 45 miles per hour in her area. She has lived there for 17 years and has objected to the speed limit but it has not been lowered. She is concerned that if Highview connects to Garden View, more traffic will continue north of County Road 42. Connie Smith, 15805 Garden View Drive, said the County widened County Road 46 and added turn lanes for safety reasons. Now it wants to improve the Highview intersection. She asked the City to do something to make Garden View safer. Bob Phillipich, 15920 Garden View Drive, said he understood the traffic situation when he moved in three years ago. Traffic has increased since then and more families with young children have moved in causing more concern for safety. Rob Kesselring, 15849 Garden View Drive, said he does not believe Mr. Van Wormer’s statement that four of five cars traveling on Garden View are from within the neighborhood. He asked the Council to take a stance with the County over control of the traffic situation. Councilmember Goodwin said residents should be aware that the City does not have the authority to control intersections with County Roads; nor can it set speed limits. The Council will have to wait for the information from Mr. Van Wormer’s traffic study to look at options. He talked with members of the Lakeville City Council last year and they were not interested in changing the alignment of Highview. They have now been requested by the County to make the realignment. Mr. Lawell noted the meeting of April 25th is being held for Apple Valley residents at the invitation of the developer. It is essentially Lakeville’s meeting. Apple Valley will attend the meeting and Mr. Van Wormer will have information to present. A meeting for Lakeville residents will be held April 27th. The Lakeville Planning Commission will be holding a public hearing on May 4, 2000, and the proposal is expected to be forwarded to the Lakeville City Council for its meeting on May 15, 2000. MOTION: of Sterling, seconded by Grendahl, setting a special informal meeting, at Valley Middle School, at 7:00 p.m., on April 25, 2000, to review information on Garden CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 7 View Drive traffic concerns and the Vermillion Springs development in Lakeville, Ayes - 5 - Nays - 0. MYERS PROPERTY TOWNHOME ALTERNATIVES Mr. Lovelace reviewed his memo dated April 13, 2000, discussing alternatives to the 21 townhouse dwellings proposed on the Myers property, at the southwest corner of 132nd Street and Galaxie Avenue. Four alternatives were prepared as requested by the Council at its meeting of March 9, 2000, and building elevations were revised. Bill Diedrich, the developer, said he prefers the fourth alternative of 20 townhouse units grouped in 10 two-unit buildings. It preserves more green space and meets building setbacks with an overall density of 4.4 units per acre. He showed three options for exterior elevations and said a three-car garage option could be offered. The homes would fall in the $270,000 to $280,000 price range. Councilmember Sterling asked if the berm along the Greenleaf School property line could be reduced, as part of the drainage easement acquisition, to allow for a school parking lot? Mr. Diedrich said the berm is on the school’s property and no grading there is anticipated. The Council suggested the addition of more brick to the upgraded exteriors and thanked Mr. Diedrich for revising the designs. A revised layout of Alternate 4 will be brought back to the Council showing the elevations proposed for each unit. Mr. Diedrich said he intends to develop the site in two phases beginning with 12 units on the west side of the property. PENNOCK PLACE SENIOR HOUSING Ms. Bodmer reviewed the Planning Commission recommendation on a proposed three-story, 106- unit apartment building on the southeast corner of 140th Street and Pennock Avenue. The building is designed for senior residents and incorporates appropriate amenities. Access will be from a shared private drive to Pennock Avenue on the south edge of the property. At 140th Street, a gated access, with a lock box, will be constructed for emergency vehicle use. The drive area will be covered with pavers, that allow grass to grow through, to minimize its appearance as a driveway. Gary Tushie, of Tushie-Montgomery Associates, Inc., the architect representing the developer, was present to answer questions. Resolution No. 2000-85 MOTION: of Goodwin, seconded by Sterling, adopting approving the preliminary plat of Pennock Place Senior Housing, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2000 Page 8 Resolution No. 2000-86 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a 106-unit apartment building, on Lot 1, Block 1, Pennock Place Senior Housing, and granting a variance for alternate building amenities and proof-of-parking stalls, with conditions; as recommended by the Planning Commission. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated March 6, 2000, with a calendar listing upcoming events. Mr. Lawell noted the correct time for the next Economic Growth Partnership Committee meeting is 7:00 a.m., on April 27, 2000. Mayor Hamann-Roland noted this is “Volunteer Recognition Week” and thanked all the members of the City’s advisory Cemetery Committee, Parks and Recreation Committee, Planning Commission, Telecommunications Committee, and Urban Affairs Committee for time and support they have given. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated March 29, 2000, in the amount of $3,422,735.77; April 5, 2000, in the amount of $245,572.48; and April 12, 2000, in the amount of $7,469,251.73. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:31 o’clock p.m.