Loading...
HomeMy WebLinkAbout10/12/2000CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 12th, 2000, 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 Planner Bodmer, Natural Resources Coordinator Colleran, Police Chief Erickson, Assistant to the City Administrator Grawe, Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, 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 Sterling, 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. Chaplain Lonnie Titus distributed a letter from the City of Granite Falls thanking the Council, Staff, and citizens for their donations. They especially expressed appreciation for the visit to deliver the items donated. The letter included an update on assistance received and noted they have been informed that they have been allocated a Federal Aid grant of $1,000,000 toward rebuilding their City’s infrastructure and industrial park. CONSENT AGENDA MOTION: of Grendahl, seconded by Goodwin, adding an agreement with the School District for wrestling equipment to the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of September 28th, 2000, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin , proclaiming October 16-22, 2000, as “2000 Minnesota Manufacturers’ Week” recognizing manufacturing businesses that CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 2 contribute to local economies through jobs, business and community development. Ayes - 5 - Nays - 0. Resolution No. 2000-256 MOTION: of Grendahl, seconded by Goo dwin, adopting designating O’Connor & Company Securities as an additional depository for investment of City funds for 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-257 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing submitting an application for 2001 community landfill abatement funding, in the amount of $29,474.00 and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2000-258 MOTION: of Grendahl, seconded by Goodwin, adopting electing to continue participation in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 2001. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, receiving Valley Automotive Group’s reques t for assistance in acquisition of property it is now leasing in Valley Commercial Park 2nd Addition and directing Staff to review policies regarding use of condemnation for economic growth purposes, determine most appropriate local government entity to assist, and prepare a development as described in the Community Development Director’s memo dated October 9, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-259 MOTION: of Grendahl, seconded by Goodwin, adopting accepting certified redevelopment and site improvement costs, in the total amount of $4,607,288.00, for Fischer Market Place and recording them for reimbursement on the Taxable Tax Increment Revenue Note. Ayes - 5 - Nays - 0. Resolution No. 2000-260 MOTION: of Grendahl, seconded by Goodwin, adopting approving the Comprehensive Plan amendment for Lot 1, Block 1, Christian Science Society, changing the land use designation from Institutional to Commercial, as approved by the Metropolitan Council. Ayes - 5 - Nays - 0. Ordinance No. 683 MOTION: of Grendahl, seconded by Goodwin, passing rezoning Lot 1, Block 1, Christian Science Society, from “P” (Institutional) to “LB” (Limited Business); and Lot 2, Block 1, Christian Science Society from “R-3” (Single Family Residential) to “P” (Institutional); as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 3 Resolution No. 2000-261 MOTION: of Grendahl, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Christian Science Society and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-262 MOTION: of Grendahl, seconded by Goodwin, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 00-145, Bakken First Addition Trunk Utility Charges. Ayes - 5 - Nays - 0. Resolution No. 2000-263 MOTION: of Grendahl, seconded by Goodwin, adopting receiving the preliminary engineering report for Project 00-144, East Valley Plaza 3rd Addition Sidewalk Improvements, and setting a public hearing on it, at 8:00 p.m., on November 21, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-264 MOTION: of Grendahl, seconded by Goodwin, adopting directing the City Engineer to prepare plans and specifications for Project 00-144, East Valley Plaza 3rd Addition Sidewalk Improvements. Ayes - 5 - Nays - 0. Resolution No. 2000-265 MOTION: of Grendahl, seconded by Goodwin, adopting awarding the contract for Project 00-135, Northwest Airlines Federal Credit Union Street and Streetscape Improvements, to McNamara Contracting, Inc., the low bidder, in the amount of $171,348.50. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving release of financial guarantees for: Red Robin Restaurant, from $2,000.00 to 0; Cedar Professional Building, from $2,000.00 to 0; and Regatta, from $4,559.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 3 to the contract with Southridge Construction for Liquor Store No. 2/PDQ Store Exterior Renovations in the amount of an additional $1,169.00 for alarm horn replacement, sign support, and screening fence. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 8 to the contract with Shaw-Lundquist, Inc., for Municipal Center Construction in the amount of an additional $2,216.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 9 to the contract with Shaw-Lundquist, Inc., for Municipal Center Construction in the amount of an additional $30,000.00 to satisfy of brick allowance issues. Ayes - 5 - Nays - 0. Resolution No. 2000-266 MOTION: of Grendahl, seconded by Goodwin, adopting establishing a no parking zone on the north side of County Road 46 between Excel Way and a point 430 meters east of Pilot Knob Road. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 4 Resolution No. 2000-267 MOTION: of Grendahl, seconded by Goodwin, adopting establishing a no parking zone on both sides of Pilot Knob Road between County Road 46 and Dodd Boulevard. Ayes - 5 - Nays - 0. Resolution No. 2000-268 MOTION: of Grendahl, seconded by G oodwin, adopting establishing a no parking zone on the west side of Glenda Drive between 146th Street and 147th Street. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an agreement with Sanitary Engineering Laboratories, Inc., for contract meter reading services for 2001-2002, as attached to the Public Works Supervisor’s memo dated October 12, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-269 MOTION: of Grendahl, seconded by Goodwin, adopting appointing judges for the November 7, 2000, General Election as listed in the resolution with the addition of student trainee judges. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiri ng Timothy Lerum for the full- time Parks Maintenance position, as listed in the Personnel Report dated October 12, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees, as listed in the Personnel Report dated October 12, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring Steve Skinner for the full- time Recreation Supervisor II position, as listed in the Personnel Report addendum dated October 12, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement with Independent School District No. 196, authorizing the expenditure of $8,000.00 for purchase of wrestling equipment at Apple Valley High School, as attached to the City Administrator’s memo dated October 9, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WATER RESOURCES EDUCATION Dakota County Commissioner Will Branning recognized the City for its contributions to water resource education of its residents. He noted the City has been a partner in the County’s plan since 1994. He particularly commended Jo Colleran, Natural Resources Coordinator, who carried out activities with residents and presented a plaque to her on behalf of the City. Charlotte Shover, CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 5 Environmental Education Coordinator for Dakota County, was also present and commended the City for its involvement. DECA FREE ENTERPRISE WEEK Erin Blake and Stacy Sanders, of the Apple Valley High School DECA Chapter, were present and asked the Council to proclaim October 22-28, 2000, as Free Enterprise Week. They are participating in this project to convey the importance of the free enterprise system in the growth of the country and the opportunities it offers for individuals. The Council commended them for their activities. 140TH STREET CORRIDOR TRAFFIC STUDY Mr. Lawell reviewed steps taken by the City related to traffic safety since the accident on August 18, 2000, that cause the death of Spencer Ingvalson at the intersection of 140th and 137th Streets. Temporary stop signs were installed, a traffic study was ordered, a petition from residents requesting a signal was received, a process to initiate legislation providing for local input on speed limits and traffic control was begun, a grant application for a pedestrian safety project has been submitted, police traffic enforcement activities have been increased, and a discussion was had with Judge Murphy to support local traffic enforcement activities. Tonight the Council reviewed the framework for establishment of a traffic safety advisory committee. The details of such a committee will be refined and reviewed by the Council again in November. The intent is to be able to have the committee in place by the end of the year. Glen Van Wormer, of Short Elliot Hendrickson, gave a report on the study conducted of the 140th Street corridor between Garden View Drive and Pennock Avenue. He said traffic counts show a volume in the range of 9,500 to 11,000 trips per day on 140th Street. Counts were also taken on Garden View Drive (6,000 trips), Hayes Road (3,500 trips), 137th Street (1,000 trips), and Herald Way (400 trips). They manually counted turning movements and pedestrians. They looked at traffic generated from within the neighborhood north of 140th Street and potential student traffic. Of 2,100 students at Apple Valley High School, 214 live in the neighborhood north of 140th Street. Manual counts of pedestrians crossing 140th Street showed 20 at 137th Street, 22 at Hayes Road, and approximately 60 associated with high school teams. The high school teams were crossing at various locations along the street and not at intersections. The biggest obstacle for pedestrian crossing is lack of gaps in vehicle traffic flow allowing time to cross due to stop signs. Following the meeting on August 24th ordering the study, residents submitted suggestions for improvements on the street to the City. These were forwarded to Mr. Van Wormer and taken into consideration in the report. He described numerous of the suggestions received. After reviewing all the data, his recommendation is that traffic signals are probably the best overall solution for the corridor. He recommended three signals on 140th Street; at Garden View Drive, Hayes Road, and Pennock Avenue. If signals are agreed to, a two-part implementation is CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 6 recommended. It includes developing some type of parking lot south of 140th Street for school fields, working with the School to redirect pedestrian traffic to cross at Hayes Road, and once this is done; removing the crossing at 137th Street. Mayor Hamann-Roland said she has seen signals with a walk count down timer appearing and asked if that is available. Mr. Van Wormer said that is an experimental signal and an application could be submitted to install that option. He said the warrant requirements for signals have to be completed, but the traffic counts appear to support signals. Funding sources also have to be determined. An important part of the implementation is working with the School and athletic associations on parking issues. Councilmember Grendahl asked what the approximate costs are and how long a signal project would take? Mr. Van Wormer said an initial estimate is $160,000 for three signals. Two signals have been budgeted in the City’s 2001 Capital Improvement Program. The signal project takes about nine months from the time it is ordered to completion. Signals could be phased; two installed immediately and the third later. If this option is chosen, he suggested the signal at Pennock could be delayed. Councilmember Goodwin said he is still concerned about pedestrians crossing at 137th Street. Mr. Van Wormer said a phased approach would be required if signals are installed. Pedestrians would have to be encouraged to cross in other areas before the crosswalk would be removed. Councilmember Sterling asked if the distance between intersections on 140th Street is an issue; such as between Pennock and Cedar and between Hayes and Garden View? Mr. Van Wormer said the spacing is not ideal, but the streets are in place and the City has to work with existing conditions. Neena Ingvalson, 13717 Parkwood Lane, read an editorial from a Rochester newspaper that appeared after her son died. It commented on the failure of motorists to stop for bicyclists and pedestrians. It cited an increase in accidents at crosswalks and increased speeding. She stated she asked for a semaphore at 137th Street and is disappointed the recommendation is for one at Hayes Road instead. She questioned the statistics used and believes there are more pedestrians at 137th Street. She asked whether the study took into account students not walking because the street is too dangerous. She said she believes the State Traffic Manual would allow a signal to be installed at that intersection. Ms. Ingvalson asked if the stop signs at 137th Street will remain until signals are installed? Mr. Van Wormer said there are two options. Stop signs could remain at 137th Street or they could be moved to Hayes Road. That determination has not been made yet. Some type of control in the area will be needed until signals are installed. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 7 Councilmember Goodwin said many people have been calling the State to get an interpretation of the Traffic Manual. He asked that the final report include an explanation as to why an intersection would qualify or not under the signal guidelines. Mayor Hamann-Roland said the Council asked Mr. Van Wormer to come back with a report on the safest solution for the entire corridor and look at the overall picture and he has done do. She noted drivers and pedestrians need to take responsibility for safety. One intent of forming a traffic safety advisory committee is to help educate the public on safety issues. She thanked the media for reporting on these issues and helping explain the process. Councilmember Erickson said the Council is looking for the best solution for traffic and pedestrians along the corridor. Ms. Ingvalson said she is concerned about pedestrians and they do not use the Hayes intersection to cross 140th Street. She agrees the recommendation may be the best solution for traffic but not for pedestrians. Bradley Hoyt, 2006 West 49th Street, said Mr. Van Wormer’s report was very good even if it does not answer every question. If the Council is proceeding with a feasibility study on signal installation, he asked that there be an opportunity for public input. He asked that neighborhood representatives be involved in the process and have input. Tom Mansur, 8053 Upper 146th Street, said he drives for Federal Express and sees many traffic problems. He asked that a tunnel be installed at 137th Street for pedestrian crossing. It could be designed large enough and well lighted to be safe. Mr. Van Wormer explained that this option was explored and there is difficulty in designing a tunnel with enough restricted access to force pedestrians to use it and yet allow vehicles to cross the street. MOTION: of Hamann-Roland, seconded by Erickson, directing preparation o f a feasibility report for installation of traffic signals on 140th Street at the intersections of Garden View Drive, Hayes Road, and Pennock Avenue including the fiscal impact and funding sources and implementation timelines, as recommended by the Traffic Engineering Consultant. Councilmember Goodwin said he wanted to express appreciation to Carl Isenhart, a resident who wrote a letter to the editor urging drivers to be more responsible. The driver responsibility issue needs to continue to be stressed. Vote was taken on the motion. Ayes - 5 - Nays - 0. DECA FREE ENTERPRISE WEEK PROCLAMATION MOTION: of Erickson, seconded by Sterling, proclaiming October 22-28, 2000, as “DECA Free Enterprise’ Week” recognizing the importance of the free enterprise system in this country. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 8 NCC ZONING REGULATION AMENDMENT Ms. Bodmer reviewed the Planning Commission recommendation on an amendment to NCC (Neighborhood Convenience Center) zoning regulations to allow an arbor display structure for outdoor display and sales. She reviewed photos showing the type of structures intended to be allowed. The request was initiated by a flower store that intends to remodel and occupy the vacant building at the southwest corner of County Road 42 and Garden View Drive. Bob Whitt, of Flowerama, the petitioner, was present to answer questions and said they intend to start remodeling immediately upon approval. Ordinance No. 684 MOTION: of Grendahl, seconded by Goodwin, passing amending Appendix A of the City Code by adding subparagraph (7) to Section A1-35(i) allowing moveable exterior walls on a structure for sales and display in a Neighborhood Convenience Center zone, with conditions as recommended by the Planning Commission. Councilmember Erickson asked if there is concern about enforcing the design requirements. Mr. Kelley said it must comply with the building code and be architecturally compatible with the building. Vote was taken on the motion. Ayes - 5 - Nays - 0. GOODWILL FACILITY INTERIM USE PERMIT Ms. Bodmer reviewed the Planning Commission recommendation on the application of Goodwill/Easter Seals for an interim use permit to allow a temporary storage trailer on its property. At peak time of the year, donations exceed the space available. The request is temporary because an additional store is planned in the near future. Resolution No. 2000-270 MOTION: of Goodwin, seconded by Sterling, adopting approving an interim use permit, for a period of up to two years, allowing Goodwill/Easter Seals to place one temporary outdoor storage trailer on Lot 1, Block 1, Quad Partnership Addition, with conditions as recommended by the Planning Commission. Councilmember Grendahl expressed concern about the appearance of previous trailers used at a temporary drop-off site and asked what type of trailer is proposed. A representative of Goodwill was present and said the trailers they use now are leased from freight companies and are in good condition. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 9 MAYOR & COUNCIL SALARY ADJUSTMENT Mr. Lawell gave the second reading of an ordinance amending City Code Section 2-27 setting salaries of the Mayor and Councilmembers as attached to his memo dated September 25, 2000. He noted the salaries have not been adjusted since 1990 for Councilmembers and since 1993 for the Mayor. He reviewed the current and recommended salaries. Councilmember Goodwin said the adjustments should be considered on a regular basis for incremental adjustments, such as every two years, rather than waiting several years and having to make larger adjustments. Ordinance No. 685 MOTION: of Sterling, seconded by Erickson, passing amending Section 2-27 of the City Code setting Councilmembers’ salaries at $565.00 per month in 2001 and $582.00 in 2002; and setting the he Mayor’s salary at $791.00 per month in 2001 and $815.00 in 2002. Ayes - 5 - Nays - 0. MASSAGE PARLOR/SAUNA LICENSING REGULATIONS Ms. Mueller reviewed her memo dated October 9, 2000, recommending repeal of massage parlor and sauna licensing. Since these regulations were enacted in 1979 other ordinances have been passed that regulate the type of activity this licensing regulates and is no longer needed. MOTION: of Sterling, seconded by Goodwin, waiving the second reading of an ordinance repealing massage parlor and sauna licensing regulations. Ayes - 5 - Nays - 0. Ordinance No. 686 MOTION: of Goodwin, seconded by Hamann-Roland, passing amending Chapter 12 of the City Code by deleting Sections 12-20 through 12-26 regulating and licensing massage parlors, saunas, steam baths, and heat bathing rooms. Ayes - 5 - Nays - 0. REVISE NOVEMBER MEETING SCHEDULE MOTION: of Erickson, seconded by Goodwin, revising the meeting schedule for November by setting a special meeting on November 13, 2000, at 4:30 p.m., to canvass election results, and setting informal and regular meetings on November 21, 2000, at 6:30 p.m. and 8:00 p.m., respectively, as described in the City Administrator’s memo dated October 9, 2000. Ayes - 5 - Nays - 0. TEACHER OF THE YEAR AWARD CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 10 Mayor Hamann-Roland said Katherine Koch-Laveen, of Apple Valley High School has been named Minnesota Teacher of the Year. A reception will be held for her on October 18, 2000, from 1:35 to 2:20 p.m., at Apple Valley High School. MOTION: of H amann-Roland, seconded by Grendahl, commending Katherine Koch-Laveen, of Apple Valley High School, for receiving the Minnesota Teacher of the Year Award from Education Minnesota. Ayes - 5 - Nays - 0. FIRE MUTUAL AID Mr. Lawell commended the Fire Department for its mutual aid response to a townhouse fire in Burnsville last week. About 15 firefighters responded, along with equipment, demonstrating how well the mutual aid system functions. COMMUNICATIONS & CALENDAR The Council received a memo dated October 9, 2000, with a calendar listing upcoming events. Councilmember Sterling expressed appreciation to the Fire Department for hosting open houses at the Stations for Fire Prevention Week. Mayor Hamann-Roland congratulated students who participated in a food packaging activity with Feeding Children International on October 7, 2000. She thanked the Economic Growth Partnership for hosting an economic development promotion event last week. It was noted that the Outernet is hosting Twin Cities EarthDance 2000 on October 14th, beginning at 3:00 p.m. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated October 4, 2000, in the amount of $4,247,307.12; and October 11, 2000, in the amount of $7,104,862.17. Ayes - 5 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT ISSUES Mr. Dougherty advised the City Council that it had scheduled 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 development issues of the Palomino East Apartment site. 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 Palomino East Apartment site. Ayes - 5 - Nays - 0. The meeting was closed at 10:21 p.m. and the Council convened in the Conference Room, at 10:27 p.m., along with City Attorney Dougherty, City Administrator Lawell, City Clerk Mueller, and CITY OF APPLE VALLEY Dakota County, Minnesota October 12, 2000 Page 11 Community Development Director Kelley. Mr. Dougherty 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 10:49 p.m. MOTION: of Sterling, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:50 o’clock p.m.