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HomeMy WebLinkAbout03/11/2004CITY OF APPLE VALLEY Dakota County, Minnesota March 11 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 11th , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hama nn - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Gordon, Police Captain Anglin , Assistant Engineer Fi ck, Assistant to the Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Strauss , and Fire Chief Wassmund. Mayo r Hamann - Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl , approving the agenda for tonight’s meeting as amende d . 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 Bergman , seconded by Goodwin , approving all it ems on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman , seconded by Goodwin , approving the minutes of the regular meeting of Febr uary 26 th, 200 4 , as written. Ayes - 5 - Nays - 0. Resolution No. 200 4 - 59 MOTION: of Bergman , seconded by Goodwin , adopting accepting, with thanks, the donation of a display banner from Dan Gust, of Action Sign Company, for use at various exhibits and functions . Ayes - 5 - Nays - 0. Resolution No. 2004 - 60 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Apple Valley Chamber of Commerce for use on May 21, 2004, at CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 2 14955 Galaxie Avenue, and waiving any waiting period for State a pproval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in manager for Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar, in connection with the On - Sale Liquor License at 14658 Cedar Avenue, naming Stephen A. Size more as General Manager; as described in the City Clerk’s memo dated March 8, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in manager for Bilimbi Bay Minnesota, LLC, d/b/a Bilimbi Bay, in connection with the On - S ale Liquor License at 14889 Florence Trail, naming David A. Frazier as General Manager; as described in the City Clerk’s memo dated March 8, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, a pproving the application for a “Certificate of No Loss”, required under the Minnesota Wetland Conservation Act, for removal of sand and silt deposits from storm water ponds in the City, for the period 2004 through 2007, as attached to the Natural Resources Coordinator’s memo dated March 11, 2004, an d authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. Resolution No. 200 4 - 61 MOTION: of Bergman , seconded by Goodwin , adopting accepting the Waiver of Hearing for Project 02 - 214, Dahle Oaks Utility and Street Improvements , canceli ng the public hearing set for March 25, 2004, and ordering installation of the project . Ayes - 5 - Nays - 0. Resolution No. 200 4 - 62 MOTION: of Bergman , seconded by Goodwin , adopting a pproving plans and specifications for Project 03 - 245, 2004 Street Maint enance Program, and authorizing advertising for receipt of bids, at 2:00 p.m., on April 15, 2004 . Ayes - 5 - Nays - 0. Resolution No. 200 4 - 63 MOTION: of Bergman , seconded by Goodwin , adopting approving plans and specifications for Project 02 - 214, Dahle O aks Utility and Street Improvements; and Project 03 - 228, Wensmann 13th Addition Part 1 Utility and Street Improvements, as a combined project , and authorizing advertising for receipt of bids, at 2:00 p.m., on April 15, 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 64 MOTION: of Bergman, seconded by Goodwin, adopting approving specifications for Removal and Replacement of Concrete Curb, Gutter, Sidewalk, and Pedestrian Curb Ramps and authorizing advertising for receipt of bids, at 2:00 p.m., on March 31, 2004. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 3 MOTION: of Bergman , seconded by Goodwin , a ccepting Project 03 - 225, Traffic Signal Revisions at 140th Street and Galaxie Avenue, as final and authorizing final payment on the contract with Ridgedale Electric, Inc., in the amount of $8,680.23 . Ayes - 5 - Nays - 0. Resolution No. 200 4 - 65 MOTION: of Bergman , seconded by Goodwin , adopting removing parking restrictions on Foliage Avenue between 145th and 146th Streets and ordering removal of the “No Parking” signs when the street is restriped from a three - lane design to two lanes with parking lanes . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving a temporary no parking zone on the west side of Granite Avenue between 140th and 142nd Streets, from 12:00 noon t o 5:00 p.m., on March 30, 2004, in connection with Summerhill of Apple Valley’s grand opening, as recommended in the Police Chief ’s memo date d March 3, 2004 . Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , a pproving a n Agreement with North Metro Landscaping, Inc., for providing Park Trees and Planting, in the total amount of $18,433.00 , as attached to the Park Maintenance Superintenden t’s memo dated March 3, 2004; and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving continuation of the Commission/Committee Recognition Program, allowing each individual to receive up to $720.00 of park and recreation services, for 2004, as described in the Park and Recreation Direct or’s memo dated March 1, 2004. Ayes - 5 - Nays - 0. MOTION: of Bergman , seconded by Goodwin , approving hiring the part - time and seasonal employees as listed in the Personnel Report dated March 11 , 200 4 . Ayes - 5 - Nays - 0. END OF CONSENT AGENDA CELEB RATION OF SPRING John May , of the Apple Valley Foundation, w as present and described activities and entertainment planned for the sixth annual “Celebration of Spring” at the Minnesota Zoo. H e invited everyone to attend the free event on Saturday, March 2 0 , 200 4 , from 6:00 to 11:00 p.m. It includes music and dance performances , exhibits, and a silent auction with all funds raised used to benefit local school arts programs. PROJECT 98 - 417, PALOMINO DRIVE RECONSTRUCTION CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 4 Glen Van Wormer, the City’s Traffic Consultant, reviewed the process involved in preparing plans for Project 98 - 417, Palomino Drive Reconstruction Between Garden View Drive and Pennock Avenue. The road was initially a County Road and was turned back to the City when County Road 38 (McAndre ws Road) was constructed. The section west of Garden View has been reconstructed with curb and gutter and is 44 feet wide, increasing in width at the County Road 11 intersection. The section east of Pennock Avenue was also improved with curb and gutter a nd is 44 feet wide. The section under consideration now has not been improved and has not been resurfaced since 1983. City standards for the street would be 44 feet wide with curb and gutter and pathway or sidewalk on each side. In this case, potential needs were evaluated in preparing the design and reconstruction issues identified. Two public meetings were held. The first meeting, in November, was to identify neighborhood issues and problems. The biggest concern expressed was speed of vehicles. Sec ondary issues were grades on the road, pedestrian crossings, and pathways with some comments on left turns. The second meeting, in January, was to review design concepts . He reviewed the details as attached to the Public Works Director’s memo dated March 11, 2004 . Comments received at the meetings were also attached to the memo. Since traffic speed is a major concern, the plans incorporated medians as traffic calming measures yet provide for left turns. The speed limit is posted at 40 miles per hour on the west end of the road and 35 miles per hour east of Cimarron. The MnDOT approved speed limit on the west is 45 miles per hour and the 40 mile per hour signs currently in place are not correct . Mr. Van Wormer stated that t he only methods that have bee n shown to be effective in controlling speed are enforcement and traffic calming. Traffic calming is not effective on rural sections of road without curb and gutter. Speed limits are not set by the City, but by the State and described the process MnDOT u se s . Pathways would be completed along both sides of the road and pedestrian crossings have attempted to be incorporated into the plans. Where medians are proposed, they would provide a refuge for pedestrians to cross traffic lanes in two movements. Mr. Fick reviewed driveway access and frontage road issues on the eastern part of the project. The alternative of removing the frontage road and shifting the roadway south in that area is being explored. It would allow a flatter approach area at the end of driveways for homes on the north side. They would also look at installing turn - arounds for driveways on the south side so vehicles would not have to back onto the road. Mr. Fick reviewed drainage issues at the Cimarron Road area. Catch basins should be added at the intersection to help with frontyard drainage on the north side. They w ould also look at catch basins for some backyards on the south side of Palomino . All of the drawings he presented were recent and have not been reviewed in detail with the affected property owners. Councilmember Goodwin commented that increasing the number of curb cuts (or driveways) on the east end of the project should have a relationship to the speed limit. Mr. Van Wormer said State roads that meet the urban district s tandard have a 30 mile per hour speed limit and number CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 5 of curb cuts is a factor. Because the speed limit is 35 miles per hour now, the State would have to look at it to consider a reduction. Mayor Hamann - Roland offered residents in attendance an opportun ity to add comments to those previously received. She noted that numerous email messages have also been received in the past few days and will be provided for Staff review. Valerie Thoennes, 283 Palomino Drive, said they accept the installation of curbin g and drainage improvements for the road . They do not want an over - engineered road with excess concrete and pavement. Even with curb and gutter, the shoulders should be kept to allow for emergency vehicles. Re - evaluate each turn lane and study where the y are really needed. She referred to turning movement counts the neighborhood took at Germane Avenue. If turn lanes are needed, they should be painted on the street not constructed with concrete. Mr. Van Wormer said the information the neighborhood prov ided on counts is similar to their estimates. One reason for proposing a center turn lane is the number of accesses. It was noted that this is a collector street and not all collector streets have shoulders. Councilmember Goodwin asked about functioning of Garden View Drive without turn lanes. Mr. Van Wormer said it is somewhat different because the speed limit is 30 mile per hour. However, people are using the disabled vehicle lane to pass on the right when someone is making a left turn. It is illega l to use the shoulder to pass on the right. Will Nagle, 108 Shoshoni Trail, said speed is a huge issue on Palomino as well as in the neighborhoods. The solution is not concrete, but stop signs -- one at Garden View and at Pennock -- or perhaps a round about . Mr. Van Wormer said studies on stop signs show that where there is no justification for a stop sign, people disobey it. There is usually also an acceleration issue because they speed up to make up for lost time. Stop signs at Pennock might be justifie d, but Garden Vie w probably will not meet warrants. Round abouts are not installed for speed control. They are usually used for traffic volume control. Lou Cooper, 13137 Heritage Way, said she walks on the pathway and crosses Palomino almost every day, between 4:30 and 5:00 p.m., and has no problem crossing the road. She does not want a median installed with an extra lane to cross. Mr. Van Wormer said the plan tries to provide opportunities for people to cross the road when there are gaps in traffic. A median allows pedestrians refuge to avoid vehicles. Keith Klingelhut, 8101 West 129th Street, said he is concerned with the Hamlet Avenue intersection. The incline is so steep cars cannot get up it in winter. He would rather have cars pass on the righ t than have another obstacle, such as a median, at the intersection. Mr. Fick commented on reconstruction plans for the intersection reducing the elevated bank of the road. There is a limit as to how much it can be lowered because there are water lines u nder the road, CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 6 but it should be about one and a half feet lower. This would make a flat area for vehicles to stop before entering Palomino. Perry Altendorfer, 236 Palomino Drive, said he is concerned about speed by the park. He would like a stop sign at Pennock so people can cross there. He asked about data on rear end accidents. He suggested more signage, such as radar patrolled, no trucks, slow children; and a lower speed limit by the park. Mr. Van Wormer said the intersection will be evaluated for stop signs after the reconstruction. There is not a lot of data on accidents and seem to be relatively few. Most advisory signs do not have an affect on speed. Mr. Fick reviewed plans to address some park concerns. The pathway will run parallel to the road, rather than meandering, with some lighting. A parking bay will be installed on the south side of the road for about five vehicles. Margaret Minegar, 13125 Heritage Way , referred to a document she submitted to the Council today and commented on acci dent statistics and turning movement counts. She cited Woodbury’s efforts to address traffic issues by focusing on neighborhood awareness and education rather than constructing traffic calming measures. She is opposed to medians because they are expensiv e, will deface the area, and may not solve the problem. Mr. Van Wormer said there may not be a lot of opposing traffic to conflict with left turns, but medians are also proposed to reduce speed. Burnsville’s study of medians on Burnsville Parkway shows a reduction in speed for two years. He noted that medians need to be installed in the correct location or situation to be effective. If the road is only repaved, traffic speed will increase. Councilmember Grendahl asked if repaving the road and keeping g ravel shoulders would meet State standards. Mr. Fick said he was advised that it would, with six - foot wide gravel shoulders. However, even the State does not recommend that as an option. Steve Nelson, 8697 Hunters Court, asked what the project is going to cost and where the money is coming from for it. Mr. Fick said the estimate, as currently proposed, is $1,100,000. Alternatives, such as eliminating the frontage road, would lower the cost. It will be paid for with Municipal State Aid (MSA) Funds . Th e se are funds that can only be used on certain roads that meet MSA requirements. Councilmember Bergman said he would like to have cost estimates on reconstructing the road as is and with only curb and gutter added . Gary Bossey, 108 Belmont Road, said the re is a lot of speeding on the road, but they generally don’t go around turning vehicles because of the gravel shoulders. Maintaining the road as is, is a deterrent to speeding. He would rather see the blind spot at Belmont addressed. He suggested money saved on the project be used at the intersection of Garden View Drive and County Road 42. He also commented on backyard flooding from drainage flowing to the pond in the park. After the backyards have dried, they are left with trash that has washed in. Mr. Fick said drainage in that area does flow to Belmont Park. They are proposing to divide it so part of it flows to a pond on the south side of Palomino. Mr. Heuer said there are approximately 180 ponds in the City and they are trying to be more proac tive in maintaining them. This may be an area where STS work crews can be used for trash pickup. CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 7 Mr. Van Wormer said a gravel shoulder does prevent passing on the right, but it is also a safety hazard. Gravel has to be maintained and bladed back to prev ent too much of an edge from forming. Councilmember Goodwin commented on the cost of maintaining such a road. Because it is almost the only area of its type, the cost of equipment, even when services are contracted, becomes expensive. Lisa Steffes, 8255 Palomino Drive, said this is a very scenic section of road. The design proposed is over - engineered and the road does not need that level of a solution. The beauty of the road needs to be maintained. Examples shown of traffic calming in Burnsville and G olden Valley are not applicable to Palomino Drive. She asked the Council to look at other options. Bonnie Dougherty, 115 Cimarron Road, said medians will make it more difficult for pedestrians to cross the road. She likes the curves and changing grade o f the road. A new surface is sufficient ; the other improvements are not needed. Mr. Van Wormer reiterated that part of this proposal is to attempt to reduce speeds. Roger Dingman, 104 East Pony Lane, showed photos of his backyard where a car ran off the road and hit his fence. This has happened before and he would like a guardrail installed. Mr. Fick said they are looking at a triple cable guard rail on the north side of Palomino across from the Hamlet Avenue intersection. He will review plans further and show him the location . Mary Jo DeLise, 13069 Herald Circle, said she is a new resident who was not aware of the project until now. Her house backs up to the road and she asked if there is an easement and how it will affect the depth of her back yard . She asked whether turning movement traffic counts presented by the neighbors had been considered. Mr. Fick said there is a 100 - foot right - of - way for the road. In looking at the tree survey on the plan, the tree shown at the east corner of her lot appe ars to be on the property line. Mr. Van Wormer said the traffic counts by the neighborhood were very similar to the counts he obtained. Carl (Bill) Ireland, 148 Shasta Court, questioned the cost of maintaining gravel shoulders since not much has been don e with the road. He commented on a blacktop apron installed on the east end of a culvert that was blocked on the west end and also gravel washing into the park. He commented on turning movements counted at Germane Avenue where there is more traffic and t hey did not present a problem. On March 2, 2004, the neighbors counted 2,491 vehicles during the period 7:00 a.m. to 7:00 p.m. Mr. Van Wormer said that period represents about 70 percent of daily traffic. Their counts are taken over a 48 - hour period by mechanical counters. The counts have been consistent from year to year and, with the 70 percent factor, are similar to the neighbors’ counts. Councilmember Bergman said he drove the road today and reviewed the plans. Originally nine medians were propose d, but he believes probably only five are needed (at Garden View, Hialeah, CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 8 Belmont, Cimarron , and the park/Pennock area). He believes the path is needed on both sides of the road. He would like to have Staff work with residents on the frontage road issue . Mayor Hamann - Roland asked if the project will still qualify for MSA funds if the plans change, whether landscaping has been considered and what the plans are for access during construction. Mr. Fick said the plans as proposed have been designed to MSA standards, but funds may or may not cover frontage road reconstruction. The intent is that it would be fully funded by MSA with no direct assessment to neighboring properties. They are looking at what types of vegetation c ould be used for landscaping wit h respect to size, salt tolerance, etc. The project would be done in two phases, east and west of Belmont, to keep access available. The Heritage Way area and areas with direct access to Palomino will have access maintained probably with temporary roads. Councilmember Goodwin asked everyone to keep in mind that this is a collector street that was designed as a rural highway. Speeding was expressed as the biggest concern by residents in comments from the previous meetings. A rural design is a 55 mile pe r hour road and that is probably not what anyone wants. There is going to have to be some compromise on design. He will not support a road that is reconstructed with gravel shoulders because of safety concerns. The Council asked Staff to look at options and modifications to the design with the alternatives presented. They also asked for cost estimates for the alternate plans and for reconstructing the road without turn lanes. The item will be scheduled for further consideration at the March 25, 2004, m eeting. ORDINANCE AMENDING FEE SCHEDULE M r. Heuer r eviewed his memo dated March 11, 2004 , concerning an ordinance adjusting cemetery lot fees for non - residents and public right - of - way management excavation permit fees. The permit fees are intended to be based on actual costs and are recommended to be reduced from $26 5 .00 to $150.00. In continuing to maintain a cost differential between residents and non - residents for cemetery lots, the non - resident fees are recommended to be increased . It is recommende d the Council waive the procedure for a second reading and pass the ordinance . MOTION: of G oodwin , seconded by Grendahl , waiving the procedure for a second reading Ordinance No. 74 8 and passing amending the fee schedule Appendix of Title III of the City C ode by adjusting fees for non - residents purchasing cemetery lots and reducing the fee for public right - of - way management excavation permits to $150.00 . Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated March 8 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota March 11, 2004 Page 9 MOTION: of Bergman , seconded by Goodwin , to pay the claims and bills, check registers dated March 3 , 200 4 , in the amount of $ 3,497,732.22 ; and March 10 , 200 4 , in the amount of $ 9 , 243,686.16 . Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 1 1 : 1 9 o’clock p.m.