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HomeMy WebLinkAbout10/26/2000CITY OF APPLE VALLEY Dakota County, Minnesota October 26 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 26h, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann-Ro land; 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 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 Grendahl, 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. No one was present to speak. CONSENT AGENDA MOTION: of Sterling, seconded by Grendahl, deleting reduction of the financial guarantee for Tousignant’s Prairie Crossing from the consent agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of October 12th, 2000, as written. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, acknowledging the Federal proclamation of November 11th, 2000, as “Veterans’ Day” and asking citizens to set it aside as a day of remembrance of those who have served in the armed forces of the United States. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Revised D.A.R.E. & Police Liaison Services Agreement with School District No. 196 for 2000-2001, as CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 2 attached to the Police Chief’s memo dated October 12, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2000-271 MOTION: of Sterling, seconded by Grendahl, adopting approving issuance of a two-year Gambling Premises Permit to Apple Valley Hockey Association for premises at Grizzly’s Grill ‘N’ Saloon, 15020 Glazier Avenue, and waiving any waiting period for Minnesota Gambling Control Board approval of the permit. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of a new License to Collect Refuse, for 2000, to Randy’s Sanitation, Inc., as described in the City Clerk’s memo dated October 23, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving an Assignment Agreement with NRG Processing Solutions, LLC, for operation and maintenance of the yardwaste compost site in Lakeville under the Joint Powers Agreement with Lakeville, Farmington, and Rosemount, as attached to the Recycling Coordinator’s memo dated October 20, 2000, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving the Stipulation Agreement with the Tousignant family to settle the right-of-way condemnation action for Dodd Boulevard realignment involving Outlots A and B, Apple Valley East 6th Addition, as attached to the Community Development Director’s memo dated October 23, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-272 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 00-145, Bakken First Addition Trunk Utility Charges, and setting a public hearing on it, at 8:00 p.m., on November 21, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-273 MOTION: of Sterling, seconded by Grendahl, adopting approving specifications for Project 00-131, Deep Well No. 17 Pumping Facility, and authorizing advertising for receipt of bids, at 2:00 p.m., on November 16, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-274 MOTION: of Sterling, seconded by Grendahl, adopting awarding the contract for Project 96-512, East Trunk Storm Sewer, and Project 00-138, Storm Sewer System Upgrades, combined; to Brown & Cris, Inc., the low bidder, in the amount of $852,433.40. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving reduction of subdivision financia l guarantees for: Stonewood, from $7,150.00 to 0; Pahl’s Garden Lots Phase I CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 3 streets, from $10,000.00 to $2,000.00; Pahl’s Garden Lots Phase I landscape and path, from $150,000.00 to$5,000.00; Pahl’s Garden Lots Phase II landscape, from $133,875.00 to $5,000.00; and Pahl’s Garden Lots Phase II utilities, from $25,000.00 to 0. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving Change Order No. 1 to the contract with Keys Well Drilling for Project 00-130, Deep Well No. 17, in the amount of an additional $1,970.00. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving renewal of firefighters’ disability insurance coverage with The Hartford, $707.10, and Volunteer Firemen’s Benefit Association, $390.00, as described in the Human Resources Manager’s memo dated October 26, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring Steven Teeters for the full- time position of Assistant Manager at Liquor Store No. 1, as listed in the Personnel Report dated October 26, 2000. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the part-time and seasonal employees, as listed in the Personnel Report and Addendum dated October 26, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA BUFFALO WILD WINGS ON-SALE LIQUOR LICENSE Mayor Hamann-Roland called the public hearing to order, at 8:06 p.m., to consider an application by Blazin Wings, Inc., for on-sale and Sunday liquor licenses, at 14658 Cedar Avenue, and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 23, 2000, describing the application submitted for the new license effective January 1, 2001. The new corporation will hold licenses previously held by Buffalo Wild Wings, Inc. The corporate officers are the same and the business will remain the same. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:07 p.m. Resolution No. 2000-275 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a license for on-sale and Sunday liquor sales to Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, for premises at 14658 Cedar Avenue, Suite D, effective January 1, 2001. Ayes - 5 - Nays - 0. 2000 SPECIAL ASSESSMENT ROLLS 476-478 CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 4 Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., on Special Assessment Rolls No. 476 through 478 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 23, 2000, describing the assessment rolls, totaling $189,735.00, for improvement projects. Assessment Roll 478 is a correction to assessments for Fischer Market Place originally levied in 1998. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:09 p.m. Resolution No. 2000-276 MOTION: of Erickson, seconded by Sterling, adopting approving and levying 2000 Special Assessment Rolls No. 476 through 478, in the total amount of $189,735.00. Ayes - 5 - Nays - 0. 2000 SPECIAL ASSESSMENT ROLL 487 Mayor Hamann-Roland called the public hearing to order, at 8:10 p.m., on Special Assessment Roll No. 487 and noted receipt of the affidavit of publication of the hearing notice. Ms. Mueller reviewed her memo dated October 23, 2000, describing the assessment roll, totaling $34,283.70, for delinquent utility charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:11 p.m. Resolution No. 2000-277 MOTION: of Grendahl, seconded by Erickson, adopting approving and levying 2000 Special Assessment Roll No. 487, in the total amount of $34,283.70. Ayes - 5 - Nays - 0. PROJECT 00-143, VALLEY OAKS PHASE 2 UTILITIES Mayor Hamann-Roland called the public hearing to order, at 8:12 p.m., to consider Project 00- 143, Valley Oaks Townhomes Phase 2 Utility Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated September 12, 2000. The developer will be paying the cost of construction directly to the contractor and only the trunk utility charges will be assessed. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed, at 8:14 p.m. Resolution No. 2000-278 MOTION: of Grendahl, seconded by Eri ckson, adopting ordering Project 00-143, Valley Oaks Townhomes Phase 2 Utility Trunk Charges. Ayes - 5 - Nays - 0. GARDEN VIEW DRIVE AD HOC ADVISORY COMMITTEE ON TRAFFIC REPORT Mr. Lawell reviewed the origins of the Garden View Drive Ad Hoc Advisory Committee on Traffic established to address traffic concerns on the street. Awareness of the issues was raised CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 5 by realignment of Highview Avenue, in Lakeville, to create a four-way intersection with Garden View Drive at 160th Street. The Committee was charged with defining concerns with existing and projected traffic flows, identifying and researching potential solutions, and recommending specific measures that could be undertaken to improve conditions. It has met since May and is reporting on its findings tonight. Committee member Peg Smith introduced the other committee members and described the areas they represented. In addition to residents, School District 196 and the Planning Commission were represented on the Committee. Mayor Hamann-Roland and Councilmember Grendahl represented the Council. The meetings were attended by the traffic consultant, Glen Van Wormer; representatives from Dakota County; the Police, Public Works, and Community Development Departments; and City Administration. Committee member Dave McKeag, Valley Middle School Principal, commented on the extensive meetings held and process used. They identified over 80 specific concerns along the Garden View Drive corridor from County Road 38 to County Road 46. The primary issue was traffic. They looked at solutions used in other cities and analyzed positive and negative aspects. Consensus proposals to improve traffic conditions have been developed and they will be presented tonight. Committee member Arthur Zimmerman provided an overview of the Committee’s recommendation. They looked at the entire corridor and are proposing a system of traffic calming measures to reduce traffic, reduce speed, and enhance safety. There are three schools located on Garden View adding to safety concerns. The recommendation is for a system; no one element will be effective by itself. He reviewed a series of slides showing different traffic calming measures used in other cities that were considered by the Committee. Committee member Gary Shade reviewed the specific details of the recommendation projected to achieve an 18-percent reduction of traffic levels. Maps were used to show recommendations for sections of Garden View beginning at County Road 38 and continuing south. The maps showed areas with raised channelizing islands, narrowed areas of roadway, and low growth plantings. They recommend moving the stop lines at County Road 42 in back of the frontage roads with signal modifications and narrowing the intersection of Whitney Drive to one lane in all directions. Parking should be prohibited parking on the east side of Garden View Drive at Valley Middle and Southview Schools during the school year. Hyland Avenue should be limited to right turns out only at 160th Street and Garden View limited to right turns in and out only. He noted the pork chop restriction at Garden View, shown on the map, was presented by the Lakeville Engineer as an option at the May 4th, 2000, meeting. Mr. Shade reviewed comparisons of existing traffic counts on streets in the area with projected counts after the Highview connection is made and with implementation of the Committee’s proposed recommendations. The Committee looked at traffic calming measures that could be implemented on surrounding streets and recommend those be determined by resident CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 6 participation. Along with any other measure, traffic safety education should be expanded and traffic law enforcement continued. The Committee reviewed cost estimates, totaling $1,000,000, for the improvements and possible funding sources. A voluntary assessment of homes within 300 feet on either side of Garden View could sustain a 20/80 bonding of the project. Additional funds would come from Municipal State Aid, the City, and the County. They believe improvements to the south end of Garden View are most important due to the projected opening of the Highview Avenue intersection in two weeks. They also strongly support establishment of a standing traffic and safety committee. Committee member Jeff Loch summarized the recommendation by saying the attempt is to reduce traffic and reduce speed. They believe the only way to do that is to limit traffic coming in to the area from Highview Avenue. The September 21st open house to present the proposals was very well attended. Ideas and suggestions were gathered and incorporated into the recommendation. They would like construction to begin next spring at the south end of Garden View and continue until the project is complete. Councilmember Sterling commended the Committee for its work along with Mayor Hamann- Roland and Councilmember Grendahl. She asked how residents coming from the west on 160th Street would return to their homes? Mr. Shade said there would not be access at Hyland Avenue or Garden View, but there are other streets to the east that could be used or County Road 11. John Kramber, 15967 Hyland Drive, said his street is a private road connecting between Garden View and Hyland Avenue. If they cannot enter on those streets from 160th Street, they would not be able to get home without a 3.6-mile trip. He asked that some way to exit 160th Street from the west be considered. John Eastham, 15727 Harmony Way, said he has lived in the area three years. If the Committee’s recommendation is implemented, there would be a 100-plus percent increase in traffic on Harmony and Harwell. The pork chop restrictions at 160th Street should be left until last. If the other traffic calming measures are installed, they may make it inconvenient enough to make traffic use other routes. Increasing traffic on other streets that are not as wide as Garden View does not increase safety. Rollin Crawford, an Attorney representing the Hyland Pointe Shores Association, spoke to the Association’s concerns about safety and access. The recommendation may not actually reduce southbound traffic on Garden View. Traffic approaching a signal could just as easily turn right on Hyland to get to 160th Street. If left turns are allowed at Hyland, traffic would use that street and affect safety. Access from the west is an issue and would create a lengthy trip and create traffic through other neighborhoods affecting their safety. Residents of Hyland Pointe Shores are entitled to reasonably convenient and suitable access to their property. CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 7 Mr. Crawford suggested other solutions be explored including one-way traffic on Hyland Drive, raised median on Garden View, and other modifications to the proposal. He suggested the $1,000,000 estimate quoted by the Committee for the project would need refinement and may cost more like $1,500,000. Chuck Pelant, 16673 Hearthside Way, said even though he lives in Lakeville, his children attend District 196 schools. If only right turns are allowed at Garden View, students’ access to schools will be shut out. They need to get to the schools and athletic fields located on Garden View. They use Cedar Avenue to travel to the shopping area in Apple Valley. He asked the Council not to limit access. Rosemary Federer, 15845 Hyland Pointe Court, said she is concerned about access for ambulances and public safety vehicles to her neighborhood if access is restricted. Ladislov Cerny, 15953 Garden View Drive, said he cannot get out of his driveway or walk across Garden View because of traffic. The principal problem is the County Road 46 intersection. If it is not restricted, traffic will get worse. He could live with the complication of getting in and out of his neighborhood to reduce the amount of traffic. Connie Smith, 15805 Garden View Drive, said traffic on Garden View is projected to increase to 15,000 cars per day. Restricting access will cause a problem on Harwell and Harmony and access to 160th Street should be restricted on those streets also. She does not believe 3.6 miles is too far to drive to have safety on the street. Lisa Fix, 15888 Harwell Avenue, said the Committee’s recommendation expects residents on other streets to pay for improvements and accept more traffic. If access on Harwell is restricted, it will put more traffic on Harmony. Mike Fix said he is astounded by the projections for increased traffic on his street is the recommendation is implemented. When he moved there he could see that Garden View would have a lot of traffic. It is a wider street that can accommodate traffic better than surrounding streets. It is a dangerous precedent to start closing off any streets to the south. Beth Coyel, 15977 Garden View Drive, said a lot of other neighborhoods are asking Garden View to take the brunt of the traffic. When they moved here, they used County Road 42 to get to 35W instead of County Road 46. It was not considered inconvenient and they are willing to do so again. She commented on high speed and accidents on the street. She expressed concern that Highview Avenue will have a 50 mph speed limit and traffic will not slow down when it reaches Garden View. Michael Kinesh, 16549 Gunflint Trail, asked the City to wait and measure traffic volumes after the Highview intersection is open in two weeks. He asked whether the impact of additional snow plowing and maintenance costs had been considered. He uses Garden View to go from his home to the ice arena and he would not need to do so, however, he does need access to the school. He CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 8 suggested Garden View could be closed north of Valley Middle School except for public transportation and school buses. That would eliminate through traffic and make the street safer. Mary Hautman, 14410 Holiday Court, said safety of the children is the major concern. She agrees with reducing traffic to make the street safer. Dakota County Commissioner Branning said the County is willing to work with City on implementing the recommendation. The proposal includes new issues for which the County does not have a policy. They are concerned about safety on County roads and can look at design exceptions. Plans for County Road 46 were approved by the City in 1991. When planning was done for Apple Valley in the 1960’s, it was not anticipated that Lakeville would be developing Highview into the street it has become. They are willing to work with the City on this issue. Kay Joyce, 15986 Hyland Pointe Court, said she is a 21-year resident of the City and formerly lived on Garden View. The problem is dividing neighborhoods and pitting one against the other. Garden View has always been a busy street. They are concerned about access at Hyland especially if there is no traffic signal. Michael Batt, 15944 Hyland Drive, said this is a private street and when it wears out they will have to pay for replacing it. There is not a need for both pork chops; they need to be able to get home. If speed is a problem on Garden View, reduce the speed limit. There are sidewalks on Garden View and the street is wide enough to allow for parking. Jeff Schwiesow, 16374 Harmony Path, said he is a law enforcement officer and has handled many traffic complaints. They have found many of those committing traffic violations are residents from within the area and not cut through traffic. Garden View is a wide enough street that sidewalks could be moved back farther from the curb if needed. His children attend school on Garden View. He asked if the School District had information on how much transportation costs will increase if access is restricted. Dave Wiesel, 16350 Harmony Path, said he previously lived on Heath Court in Apple Valley and his children attend Southview School. Most of the traffic on Garden View is going to the schools or to athletic activities. Children in the new housing being developed west of Highview will not attend District 196 schools. If residents there do not have a reason to go to Apple Valley, they will not be using Garden View Drive. Cheryl Johnson, 15953 Garden View Drive, asked the Council to remember it appointed a Committee to review the issues. It set a goal and had a job to do. It did a good job and its recommendation should accepted. Jim Smith, 16281 Grinnell Avenue, said they use Harmony Path to go west on 160th Street to Garden View. Safety has been decreasing at that intersection and the hill and water tower obstruct the view. Increased traffic there will make it worse. He asked the Council to consider CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 9 not installing pork chops at 160th Street. Other recommendations in the Committee’s proposal will reduce traffic and discourage use of Garden View as a through street. If Lakeville had not elected to move Highview Avenue, this discussion would not be occurring. The pork chop prevents left turns at Garden View and cross traffic from Highview. A signal that does not allow traffic to cross 160th Street would reduce traffic because the only thing changing is that Highview and Garden View will intersect. With a signal residential traffic could still enter Garden View. Brian Peffer, 15836 Hyland Pointe Court, said traffic projections show a decrease on their street with pork chops installed. Since the street is only used by people living there now, he asked how it could be less and questioned the accuracy of the traffic court information. He asked if signals or signs will be installed when Highview opens in two weeks. He asked the Council to remember that the recommendation of the Committee was not unanimous. Steve Fisher, 15845 Hyland Pointe Court, expressed concern that cities are reactive and wait for an accident before doing something. The recommendation on actions taken in other cities with respect to traffic should be considered. He disagreed with the 20/80 cost sharing for improvements and believes the City should fund 100 percent of the cost. Mayor Hamann-Roland said School District 196 had a representative on the Committee and they have provided some bus transportation information. The Council will take the information received tonight, and any follow-up comments, into consideration. They want to make the best possible decision for all of the City. Councilmember Goodwin asked that the Keller Lake Drive connection with Apple Valley also be considered. At one time Burnsville residents there wanted it closed in a cul de sac. He asked Mr. Van Wormer to look at what traffic counts would be on that street if Garden View is restricted. Councilmember Erickson asked Mr. Van Wormer to look at the impact on traffic when Highview opens in two weeks. How many vehicles are crossing to Garden View Drive. Mayor Hamann-Roland said the Council will continue to look at the recommendation made by the Committee; particularly the educational aspects. MOTION: of Grendahl, seconded by Sterling, receiving the report of the Garden View Drive Ad Hoc Advisory Committee on Traffic and recommendations on solutions for traffic issues on the corridor from County Road 38 to County Road 46 and referring comments and questions to the Traffic Engineering Consultant for response and further report. Ayes - 5 - Nays - 0. POLICE CHIEF RECRUITMENT Mr. Lawell distributed a progress report on the Police Chief recruitment process. A subcommittee, consisting of the Mayor, Councilmember Erickson, the Human Resources CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2000 Page 10 Manager, and him; has begun work on the process. It will be recommending utilizing the Brimeyer Group as a consultant at the next Council meeting. He stressed that the recruitment and selection process is wide open. The goal is to attract the best possible pool of candidates for the position for consideration. COMMUNICATIONS & CALENDAR The Council received a memo dated October 23, 2000, with a calendar listing upcoming events. Mayor Hamann-Roland noted the Black Dog Watershed Management Organization Report has been distributed. Barr Engineering will be making a presentation on it to the Council at an informal meeting in December. Mayor Hamann-Roland congratulated Karen Sprattler, formerly employed by the City as a Crime Prevention Specialist, on accepting a new position with the National Highway Traffic Safety Administration, in Washington, D.C. Mayor Hamann-Roland noted Apple Valley American Legion Post 1776 is hosting a Veterans’ Day celebration on November 11, 2000, with a program at 6:00 p.m. CLAIMS AND BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated October 18, 2000, in the amount of $971,739.48; and October 25, 2000, in the amount of $1,010,413.99. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:50 o’clock p.m.