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HomeMy WebLinkAbout11/21/2000CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 21st, 2000, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Haman n-Roland; Councilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills, City Engineer Gordon, Finance Director Ballenger, Assistant Planner Bodmer, 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 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. Sara Pool, reporter for This Week News, announced that she has taken a different position and this is the last meeting she will be covering in the City. She expressed appreciation to the Council and Staff for working with her. The Council thanked her for her work and wished her the best in the future. CONSENT AGENDA MOTION: of Grendahl, seconded by Erickson, adding an addendum to the Personnel Report on the consent agenda and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Erickson, approving the minutes of the special meeting of November 13th, 2000, as written. Ayes - 4 - Nays - 0 (Sterling Abstained). MOTION: of Grendahl, seconded by Erickson, approving issuance of a new On-Sale 3.2 Percent Malt Liquor License, for 2000, to Sky Ventures, LLC, d/b/a Pizza Hut, at CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 2 7666 West 149th Street, as described in the City Clerk’s memo dated November 17, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-284 MOTION: of Grendahl, seconded by Erickson, adopting setting a public hearing, at 8:00 p.m., on December 14, 2000, on 2001 renewal applications for on-sale liquor, wine, and beer licenses in the City. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving issuance of a Christmas Tree Sales Lot License to Bill Brabec, d/b/a Silver Bell Christmas Tree Farm, for a lot at East Valley Plaza, as described in the City Clerk’s memo dated November 17, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-285 MOTION: of Grendahl, seconded by Erickson, adopting opposing legislation and the concept of allowing further proliferation of liquor and wine sales from dispensaries other than duly authorized off-sale liquor stores. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving the Bill of Sale from Andrew Pederson and payment to him for ownership rights to the City’s internet domain name ( www.cityofapplevalley.org ) as described in the Administrative Assistant’s memo dated November 21, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, awarding provision of the Cit y’s financial checking services to Anchor Bank, for 2001-2002, as described in the Finance Director’s memo dated November 16, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving release of financial guarantees for: Safe-N-Sound Self Storage, from $25,000 to 0; Pahl’s Garden Lots Phase I Streets, from $2,000 to 0; Pahl’s Garden Lots Phase I Landscape & Path, from $5,000 to 0; and Pahl’s Garden Lots Phase II Landscape, from $5,000 to 0. Ayes - 5 - Nays - 0. Resolution No. 2000-286 MOTION: of Grendahl , seconded by Erickson, adopting setting a public hearing, at 8:00 p.m., on December 28, 2000, to consider vacation of excess right-of-way for Evermoor Parkway, east of Diamond Path, as described in the Assistant Planner’s memo dated November 17, 2000. Ayes - 5 - Nays - 0. Resolution No. 2000-287 MOTION: of Grendahl, seconded by Erickson, adopting directing the City Engineer to prepare plans and specifications for Project 93-418, Galaxie Avenue widening between 140th Street and County Road 38. Ayes - 5 - Nays - 0. Resolution No. 2000-288 MOTION: of Grendahl, seconded by Erickson, adopting awarding the contract for Project 00-131, Deep Well No. 17 Pumping Facility, to Rice Lake CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 3 Contracting, Inc., the low bidder, in the total amount of $207,630.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving Change Order No. 11 to the contract with Shaw-Lundquist, Inc., for Municipal Center Construction in the amount of an additional $1,602.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving hiring the part-time employee, as listed in the Personnel Report dated November 21, 2000. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, approving hiring Gerald Hess for the full-time position of Assistant Store Manager at Liquor Store No. 2, as listed in the Personnel Report Addendum dated November 21, 2000. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 140TH STREET CORRIDOR TRAFFIC STUDY Mr. Lawell said the Council reviewed the 140th Street Corridor Traffic Study at its informal meeting earlier tonight. He distributed copies of his memo dated November 21, 2000, containing supplemental information including cost estimates for improvements and a letter from Steve Degenaar, of Apple Valley High School, supporting a traffic signal at the intersection of 140th Street and Hayes Road. Glen Van Wormer, of Short Elliot Hendrickson, reviewed his written report on the study conducted of the 140th Street corridor between Garden View Drive and Pennock Avenue, prepared as a follow-up to the October 12, 2000, meeting where the information was verbally presented. The report concludes with a proposed program of improvements based on the need for some type of additional traffic control on 140th Street. A warrant analysis was done for four intersections and the recommendation includes installation of traffic signals at the intersections of Garden View Drive, Hayes Road, and Pennock Avenue that meet warrants. The intersection of 137th Street does not meet warrant criteria. He reviewed the traffic signal warrant criteria and commented on issues with installing signals where traffic volumes are not present and warrants have not been met. The accident experience warrant criteria requires five or more reported accidents in a year of the type that could be corrected by a signal. Councilmember Goodwin said residents have expressed a concern about a discrepancy between the number of reported accidents shown in the report and the number of accidents people indicate they have reported. Mr. Van Wormer said the method of reporting and record keeping varies from City to City. Some accidents are required to be reported by the state and those appear on records. Others may not have been reported to the Police or are not required to be reported and do not show up on records. In addition to accident criteria, there are minimum volume warrants which 137th Street does not meet. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 4 Mr. Van Wormer said the recommendation is an attempt to put together a package for the whole 140th Street corridor to create more gaps in traffic for pedestrians to cross the street. They are exploring the use of innovative traffic signal indicators on the signals. They show pedestrians a count down of seconds remaining to cross the street rather than just walk/don’t walk displays. There is still a problem with pedestrians crossing other than at crosswalks. One solution is to provide parking south of 140th Street so people do not have to cross to the athletic fields. Even though the School may not have funds to construct a parking lot, the City can continue to work with them to emphasize use of Hayes Road for pedestrian crossing. Mr. Van Wormer reviewed the cost estimates for signals and associated roadway improvements at each of the intersections as listed in his memo dated November 17, 2000. He included an estimate of $107,600 for an 80-space parking lot at Apple Valley High School. Municipal State Aid Street funds are available and can be used for the signal improvements. As far as timing on the project, roadway work can be completed by May and the signals can be installed by August 2001. He also recommended the signs installed at 137th Street remain until the signals are installed. Councilmember Goodwin asked if the Garden View intersection could be realigned farther south and property at the southeast corner be used to improve the curve on 140th Street? Mr. Kelley said that is the backyard of existing fourplexes and there is a wetland in the area. Some portion of that property may be able to be used, but the street will still have to align with the existing street to maintain a 90-degree intersection. Mayor Hamann-Roland said the Council is committed to safety issues and reviewed a proposal for establishment of a Traffic Safety Advisory Committee at its informal meeting tonight. Mr. Van Wormer reviewed portions of the recommendation that refer to development of enforcement and education programs and said it is anticipated that these efforts would be ongoing. Gordon Awsumb, 13690 Harmony Way, asked if Municipal State Aid funding is available for the High School parking lot and fencing along 140th Street. He was advised it was not. Mr. Awsumb said the study omits several key pieces of data. During the four days when data was collected, none of the VAA or High School events were included or quantified and those pedestrian counts should be part of a valid study. The signal warrants criteria are guidelines and not absolutes. The solution assumes a parking lot will be constructed and the School is not ready to build a lot. It does not address how to control athletic event participants. He asked that the study be revised and quantify number of VAA events and athletic activities at the school. It should also address funding for fencing and a parking lot. A school zone should be established on 140th Street with a reduced speed limit. Councilmember Erickson noted that VAA does not resume its activity until June and waiting to get the data would delay the project another year. Mr. Awsumb said data could be determined from VAA and High School records on number of events at the athletic fields. The City needs to address how many kids cross at 137th Street, not cars. He referred to Warrant 4, School CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 5 Crossing discussion, in the report and said the number of people crossing needs to be quantified and is a key fact omitted in the study. The other issue is preventing people from crossing 140th Street at that location. Councilmember Goodwin there is still the problem of a three-way intersection that does not meet volume warrants and will not meet them on 137th Street. Mr. Van Wormer said they did not have information on the number of athletic events at these fields, but have used information from other studies and taken that into consideration in the study. Dave Fudally, 8102 West 137th Street, said since he moved there in 1983 at least eight children have been hit by cars in front of his house and that is not indicated in the report. He agrees with installing the signals, but people will still cross at 137th Street and that will continue to be a problem without a fence. The residents’ petition presented in August asked for some type of flashing light for pedestrians at 137th Street. He disagrees with the current speed limit and said it should be reduced to at least 40 miles per hour. Mayor Hamann-Roland said the City is concerned about providing the safest way for pedestrians to cross 140th Street. It is continuing to work within the AMM policy framework to create a relationship with MnDOT on local traffic issues. Mr. Fudally said the report discusses moving pedestrians to Hayes Road. That corner is a wooded area where there have been three sexual assaults. The entire corner would have to be fenced. A parking lot is a must for the School. Somehow money has to be found to build it. He urged drivers to be aware of conditions and stop at signs. Neena Ingvalson, 13717 Parkwood Lane, said signals at Garden View and Pennock were already in the City’s capital improvement program. The School only indicated it supports a signal at Hayes Road and does not say anything further about a parking lot or fence. No plan has been formulated about how to keep kids safe. She was advised by MnDOT that the City can drop the speed limit by 15 miles per hour in a school zone. All the criteria have not been studied and pedestrian crossing at 137th Street has not been well enough addressed. Vehicles making right turns from Hayes onto 140th Street will not have to stop until they reach Pennock. City Attorney Hills addressed school zone speed enforcement issues. To cite a driver, the violation has to be during hours when school is open and when children are coming and going. Mr. Van Wormer said MnDOT is also not clear on where school zones can be implemented. A school zone would have minimal impact on the pedestrian problems attempting to be addressed. Councilmember Goodwin said he is concerned about creating a false sense of security with school zone signs. He is willing to consider it, but it is only part of the ongoing issue of pedestrian safety. School funding of other improvements is going to be a problem also. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 6 Councilmember Grendahl said funding of these improvements is a problem for the City also. City-wide there are a number of streets that have traffic problems to address. Councilmember Sterling said installing the three signals will give pedestrians an opportunity to cross the street. Whether a fence of parking lot is constructed in the future, the crossing is being made safer now. MOTION: of Sterling, seconded by Grendahl, accepting the 140th Street Corridor Traffic Study prepared by Short Elliott Hendrickson, Inc., dated November 17, 2000, and construction cost estimates. Ayes - 5 - Nays - 0. Resolution No. 2000-289 MOTION: of Erickson, seconded by Goodwin, ad opting ordering Project 00-146, 140th Street Traffic Signal Improvements at the Intersections of Garden View Drive, Hayes Road, and Pennock Avenue, along with associated roadway reconfigurations; and retaining the temporary stop signs at 137th Street until the signal at Hayes Road is installed and operational. Ayes - 5 - Nays - 0. Resolution No. 2000-290 MOTION: of Goodwin, seconded by Erickson, adopting directing preparation of plans and specifications for Project 00-146, 140th Street Traffic Signal Improvements at the Intersections of Garden View Drive, Hayes Road, and Pennock Avenue, along with associated roadway reconfigurations; by Short Elliott Hendrickson, Inc., and Bonestroo, Rosene, Anderlik & Associates, Inc. Ayes - 5 - Nays - 0. SCHLOTZSKY’S DELI DRIVE-THRU WINDOW Ms. Bodmer reviewed the Planning Commission report on a proposed amendment to Planned Development Designation No. 341, Zone 4A, to allow an addition of a drive-thru window to Schlotzsky’s Deli. It would classify it as a Class II restaurant under a conditional use permit. Hours of operation would be limited and it would prohibit serving foods, which require a Type I, ventilation hood. Schlotzsky’s is not requesting the permit now, but has provided a sketch of a site plan showing how a drive-thru could be implemented. The Planning Commission did not recommend approval. Ordinance No. 687 MOTION: of Goodwin, seconded by Grendahl, passing amending Section A13-3(c) of Appendix A of the City Code by allowing Class II restaurants as a conditional use in Planned Development Designation No. 341, Zone 4A (Wal- Mart Addition) subject to restrictions including prohibiting serving foods which require Type I ventilation hoods. Councilmember Sterling asked why Schlotzsky’s would have to be reclassified as a Class II restaurant? She is not opposed to a drive-thru, but would not want to see the operation CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 7 change in other aspects. Ms. Hills said the definitions are taken from the zoning ordinance and if a restaurant has a drive-thru window, it is defined as a Class II restaurant. Kim Garland, co-owner of Schlotzsky’s, was present and said their intent in never to go backwards in service, but offer customers improved service. When the restaurant was built, a representative of the real estate department agreed to the condition of no drive- thru. They need to offer drive-thru service to customers to make the operation work. Vote was taken on the motion. Ayes - 5 - Nays - 0. PROJECT 00-144, EAST VALLEY PLAZA 3RD ADDITION SIDEWALK Mayor Hamann-Roland called the public hearing to order, at 10:00 p.m., to consider Project 00- 144, East Valley Plaza 3rd Addition Sidewalk Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 5, 2000, detailing the sidewalk along Upper 141st Street and 141st Street connecting to Essex Avenue. A letter dated November 21, 2000, from Charles Mertensotto representing Mr. and Mrs. Ronald Snyder, owners of Lot 1, Block 1, East Valley Plaza 2nd Addition, was received. They object to paying for the sidewalk connection on their property. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 10:04 p.m. MOTION: of Grendahl, seconded by Erickson, directing Staff to meet with property owners to resolve payment for the cost of installing Project 00-144, East Valley Plaza 3rd Addition Sidewalk Improvements, before the project and plat are considered further. Ayes - 5 - Nays - 0. PROJECT 00-145. BAKKEN FIRST ADDITION TRUNK UTILITY CHARGES Mayor Hamann-Roland called the public hearing to order, at 10:05 p.m., to consider Project 00- 145, Bakken First Addition Trunk Utility Charges, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the preliminary engineering report dated October 18, 2000, and noted there is no construction involved. The purpose of the project is to collect trunk utility charges on the property. The Mayor asked for questions or comments from the audience and the Council. There were none and the hearing was declared closed at 10:06 p.m. Resolution No. 2000-291 MOTION: of Goodwin, seconded by Grendahl, adopting ordering Project 00-145, Bakken First Addition Trunk Utility Charges. Ayes - 5 - Nays - 0. SALE OF BONDS & EQUIPMENT CERTIFICATES CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2000 Page 8 Steve Mattson, of Juran & Moody, fiscal consultant, was present and distributed an offer to purchase general obligation bonds and equipment certificates of the City in a negotiated sale. He noted the City has retained its A1 rating by Moody’s Investors Service. He reviewed recent bond sales by other entities for comparison of the rates being offered. Resolution No. 2000-292 MOTION: of Goodwin, seconded by Grenda hl, adopting providing for the issuance and sale of the City’s $3,850,000 General Obligation Improvement Bonds of 2000 to Juran & Moody, at a net effective interest rate of 4.9099 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0. Resolution No. 2000-293 MOTION: of Sterling, seconded by Goodwin, adopting providing for the issuance and sale of the City’s $210,000 General Obligation Equipment Certificates of 2000 to Juran & Moody, at a net effective interest rate of 4.9187 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated November 17, 2000, with a calendar listing upcoming events. Councilmember Erickson presented a Leadership Award from the Dakota County Economic Development Partnership to the City. He accepted the award on behalf of the City at the Partnership’s last meeting. Mayor Hamann-Roland thanked Bruce Becker, the Apple Valley High School carolers, Parks and Recreation Staff and other Staff for participating in and preparing for the holiday lighting ceremony. She noted this was the 15th annual ceremony for the City. CLAIMS AND BILLS MOTION: of Goodwin, s econded by Sterling, to pay the claims and bills, check registers dated November 15, 2000, in the amount of $2,370,520.74; and November 21, 2000, in the amount of $9,365,105.79. Ayes - 5 - Nays - 0. REVISE DECEMBER MEETING SCHEDULE MOTION: of Grendahl, seconded by Sterling, revising the starting time of the informal meeting on December 14, 2000, to 6:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:19 o’clock p.m.