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HomeMy WebLinkAbout01/14/1993CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 14th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Councilmembers Erickson, Goodwin, Humphrey, and Sterling. ABSENT: Mayor Branning. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Project Engineer Aune, Finance Director Ballenger, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers and Assistant to the City Administrator Weldon. Acting Mayor Sterling called the meeting to order at 8:00 p.m. A moment of silence was observed in memory of Gene Kitzman, a member of the Planning Commission, who passed away last week. The Councilmembers and everyone in attendance then took part in the pledge of allegiance to the flag. MOTION: of Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. Acting Mayor Sterling 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. MOTION: of Humphrey, seconded by Goodwin, removing the agreement with Dakota County for Palomino Drive from the agenda, moving establishment of Municipal State Aid Streets to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of December 22nd, 1992, as written. Ayes 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the special meeting of December 29th, 1992, as written. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the special meeting of January 4th, 1993, as written. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-2 accepting collateral and designating Marquette Bank of Apple Valley as the official depository for City funds for the year 1993. Ayes - 4 ~ Nays - 0. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA DEC. 22, 1992 MINUTES DEC. 29, 1992 MINUTES JAN. 4, 1993 MINUTES RES. 1993-2 OFFICIAL DEPOSITORY CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-3 designating as additional depositories for City funds for the year 1993: First National Bank of Minneapolis; Marquette Bank of Minneapolis; Norwest Bank of Minneapolis; Juran & Moody; Dain Bosworth; For Sight Capital Management; Edward D. Jones & Co.; Great Pacific-Ernst & Co.; Westcap Government Securities; Piper Jeffrey & Hopwood; Midway National Bank of Apple Valley; First Bank Apple Valley; Shearson, Lehman, Hutton, Inc.; and GSC Group, Inc., of Texas. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-4 designating Thisweek Newspapers/Dakota County Tribune as the official newspaper of the City for the year 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-5 appointing the firm of Juran & Moody, Inc., to act as the City's bond consultant for the year 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal, for 1993, of licenses and permits for: coin-operated devices, refuse collection, cigarette sales, filling station, kennels and catteries; as listed in the City Clerk's memo dated January 11, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-6 approving the Application for Exemption from Lawful Gambling License of Dakota County 40 & 8, Voiture 1457, for an event on March 17, 1993, at Apple Valley American Legion Post 1776, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-7 awarding the contract for Project 92-392, Deep Well No. 15 Pumping Facility, to Rice Lake Contracting, the low bidder, in the amount of $165,600.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the Stipulation and Order for settlement of the appeal of 1991 Special Assessment Roll No. 304 by Marvin and Hazel Schumann, reducing the assessment from $45,030.00 to $25,001.86, and authorizing the Mayor and Clerk to sign the same. Ayes 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Valley Paving for Project 92-382, 1992 MSA Street Overlays, in the amount of an additional $2,112.50. Ayes - 4 - Nays - O. RES. 1993-3 ADDITIONAL DEPOSITORIES RES. 1993-4 OFFICIAL NEWSPAPER RES. 1993-5 BOND CONSULTNT 1993 LICENSES & PERMITS RES. 1993-6 GAMBLING EXEMPTION APP. RES. 1993-7 AWARD CONTRACT PROJ. 92-392 SCHUMANN ASSESSMENT SETTLEMENT CHANGE ORDER 1 PROJ. 92-382 CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 3 MOTION: of Humphrey, seconded by Goodwin, directing the City Engineer to prepare plans and specifications for Project 93- 405, 1993 Street Maintenance Program, as allocated in the 1993 budget and described in the Public Works Director's memo dated January 11, 1993. Ayes - 4 - Nays - 0. PLANS & SPECS. PROJ. 93-405 VERMILLION WMO APPOINTMENT DNR SBA TREE PLANTING GRANT APPLICATION DNR FISHING PIER GRANT AGREEMENT LAKEVILLE ALF AMENDMENT DENIAL NOTICE NOTICE OF MPRS SCREENING PROCESS SUIT VOTER TURNOUT CERTIFICATE HIRE SEASONAL EMPLOYEE MOTION: of Humphrey, seconded by Goodwin, reappointing John Gretz as Commissioner to the Vermillion River Watershed Management Organization representing the City. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the application to the Minnesota Department of Natural Resources for a Small Business Administration Tree Planting Grant, in the amount of $5,000.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the Agreement with the Minnesota Department of Natural Resources for installation of.a fishing pier at Lac Lavon and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving a letter, dated January 7, 1993, from the City of Lakeville advising that it denied approval of a proposed amendment to the ALF Ambulance Joint Powers Agreement. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving a memo dated January 8, 1993, as notification of a Summons and Complaint served on Minnesota Police Recruitment System, and its members, on behalf of Christopher Fields and John Starks · concerning police officer screening. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving a Certificate of Achievement from the Secretary of State recognizing the City for having a voter turnout exceeding 70 percent at the November 3, 1992, General Election. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving hiring the seasonal employee as listed in the Personnel Report dated January 14, 1993. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Acting Mayor Sterling asked Mr. Gretz for information on Municipal MSA STREET State Aid (MSA) street designations. He advised the Council that DESIGNATION every year the City can designate certain distances of street to the MSA system, enhancing the ability to draw State construction and maintenance funds. Funding will increase about $20,000 by adding these sections of street. The sections of street must meet certain conditions and connect to other MSA streets to be eligible for designation which these streets do. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 4 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1993-8 establishing the portions of Garden View Drive, from CSAH 38 to Palomino Drive; and Palomino Drive, from CSAH 11 to Garden View Drive; as Municipal State Aid Streets and requesting approval of such designation by the Commissioner of Transportation. Ayes - 4 - Nays - O. RES. 1993-8 M.S.A, STREET DESIGNATIONS Acting Mayor Sterling said the Council received a proposal for re- PALOMINO DRIVE constructing the intersection of Palomino Drive and County Road 11, COUNTY ROAD 11 but asked for public comment before considering it further. Mr. Gretz INTERSEGTION said the proposal was prepared in an attempt to respond to complaints about the intersection. The safety issues involve difficulty making left turns and traffic changing lanes to enter 35-E. Reconstruction, with a frontage road moving the intersection south, will cost about $100,000 of which MnDOT will pay 80 percent and the City 20 percent. If the Council decides to proceed, it would be three to four months before the project could begin. He reviewed a letter dated December 23, 1992, from Burnsville supporting the proposal. Councilmember Erickson if the necessary right-of-way is available? Mr. Gretz said MnDOT acquired the right-of-way for a frontage road when 35-E right-of-way was acquired anticipating a future need. Councilmember Goodwin asked how much traffic on Palomino Drive might decrease with this change? Mr. Gretz said since County Road 38 opened, Palomino Drive has counts of approximately 2500 trips per day. This might reduce it by 500 or 600 trips per day. John Serio, 8740 Hunters Way, asked if SuperAmerica, which had proposed to locate at the northeast corner of Palomino and County Road 11, requested the change? Many neighbors believe that is the reason for the proposal. Mr. Gretz said it was proposed in response to traffic complaints from Burnsville and Apple Valley residents as a safety issue. Mr. Kelley said a copy of the proposal was sent to SuperAmerica and it has not formally responded. Informally, SuperAmerica has indicated if the realignment is done, it will not locate there. Mr. Serio asked if the new intersection will be signalized? Mr. Gretz said it will depend on traffic counts meeting warrants. If traffic counts on County Road 11 reach 25,000 trips per day, as projected, the intersection could not function without a signal. Councilmember Erickson noted that if SuperAmerica proposed building without a motel, it would need a rezoning which would require another hearing. Mr. Serio said he likes the proposed realignment, but does not want access for SuperAmerica from Hunters Way as previously proposed. Could it get access to County Road 11? Mr. Gretz said MnDOT has access restrictions along County Road 11 which would have to be vacated before that could be allowed. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 5 Councilmember Humphrey expressed concern about the turning radius shown on the proposed frontage road. For clarification, he noted that if SuperAmerica proposed to build alone, it would need rezoning and approval by a four-fifths vote. If SuperAmerica and a motel were proposed simultaneously, they would not need rezoning. Deb Jones, 13108 Palomino Drive, asked if the street on the west side of the new intersection would be extended? Mr. Gretz said the street is stubbed into the shopping center now, Burnsville owns the property west of it for a future public works facility and that is as far as the street will extend. David Rademaker, 8723 Highwood Way, said he is concerned that moving the intersection south will allow traffic coming from the north on County Road 11 to gain more speed making left turns more difficult. Mary Rosenberg, 13081 Herald Circle, suggested Palomino Drive end in a cul de sac at Hunters Way and divert other traffic down Garden View to County Road 38. She uses that route now because the intersection is unsafe. Councilmember Humphrey questioned whether Palomino could really end in a cul de sac or be a different type of diversion because access still has to be provided to the area. Councilmember Goodwin said he would not agree to cul de sac a street of that length. Max Norton, 190 Cimarron Road, said the new access will be just as dangerous as the intersection is now. He suggested the City save money and leave it as it is. Dan Gilroy, 8719 Highwood Way, said he spoke with Councilmember Erickson, by phone, about the proposal and agrees with it, but believes some type of traffic control will be needed. He asked what the next step will be? Mr. Gretz reviewed the steps involved in MnDOT approval if the Council determines it should proceed. Acting Mayor Sterling asked who will pay for a signal at the new intersection? Mr. Gretz said it would be split 50 percent to Dakota County and 25 percent each to Burnsville and Apple Valley. Vic Seavers, 8259 W. 131st Street, said vehicles changing lanes and causing safety concerns are generally uncertain about where the entrance to 35-E is. He suggested installing signage, far enough before the intersection, with two arrows delineating Palomino Drive and 35-E lanes. Jerry Marchessault, 8722 Highwood Way, commented on the need for an improved intersection and topographic sight distance problems at the current intersection. Mercedes Krogstad, 13354 Huntington Circle, said the signal at 140th Street and County Road 11 has helped allow turning movements. She expressed concern that the new intersection may be too close and cause congestion there. Mr. Gretz said spacing is a concern for future signalization and the Dakota County Highway Department would be involved in the project. Councilmember Goodwin said the CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 6 problem now is two intersections with no signals. In the long run, one intersection with a signal would be beneficial. Councilmember Humphrey said a signal at County Road 11 and the 35-E ramps would help also. Mr. Serio asked at what options the Council will be looking? Councilmember Goodwin said he would not support a oul de sac at the end of Palomino Drive because of the need to provide access. Acting Mayor Sterling said the Council has not eliminated any options yet. Ray Connelly, of Apple Valley Development, said the issue was brought up because of the SuperAmerica proposal. At the time 35-E was proposed, Palomino Drive was going to be a major intersection and the right-of-way was acquired. SuperAmerica still has a purchase agreement on the site. Some type of traffic control will have to be considered for the intersection. Changing Palomino Drive to a cul de sac is not an option from Apple Valley Development's point of view. Greg Brown, 13826 Eveleth Court, asked about the easement shown between Palomino Drive and County Road 38 and whether Hunters Way could be extended along the easement to County Road 38 encouraging traffic to use that route? He said a signal at 35-E would help and the Palomino Drive intersection should be closed. Mr. Kelley said that is a pipeline easement, not a street easement. Councilmember Erickson said right-of-way through private property would have to be acquired for such a street. Mr. Gretz noted there are topographic problems through that site also. Acting Mayor Sterling asked for other comments. There were none and she thanked those in attendance for their input. She said the Council will be considering options and no decision will be made tonight. Mr. Kelley reviewed the Planning Commission report on Highpoint sub- HIGHPOINT division, proposed for 21 single family lots, located at the southwest SUSDIVISION corner of Cedar Avenue and County Road 38. The Planning Commission recommended approval conditioned on retaining maximum tree cover on the site by allowing a steeper grade on the street connecting to 133rd Street and individual lot grading. The developer has not been able to reach agreement with the property owner on the south for the street connecting to 133rd Street. If the connection is not made, a 165-foot gap would be left. Terry Maurer, the developer, was present and said they agree to do the individual lot grading. They have done it in other areas, but had some problems with drainage when lots were sold and other builders did the grading. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-9 amending the Comprehensive Plan Guide Plan Map by changing the designation on the proposed Highpoint develop- ment property from "MD" (multiple residential) to "SF" (single family) as recommended by the Planning Commission. RES. 1993-9 HIGHPOINT COMP PLAN AMEND. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 7 Councilmember Erickson asked if there is anything the City can do to expedite the road extension? Mr. Kelley said Staff could meet with the property owner and explain the proposal or the City could use eminent domain proceedings. Only a few lots take access to that street and negotiations could continue rather than delaying the development. Bill Maurer, of Probe Engineering, suggested an engineering change to the street design which would raise the street, but maintain the eight percent grade and accomplish saving trees. Councilmember Humphrey said he would like have the street connection installed and would agree to deferring assessments if necessary. Vote was taken on the motion. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 548 rezoning the proposed Highpoint development property from "R-1" to "R-3" as recommended by the Planning Commission. Ayes - 4 - Nays - O. ORDINANCE 548 REZONE HIGHPOINT RES. 1993-10 PRELIM. PLAT HIGHPOINT RES. 1993-11 SET HEARING PROJ. 93-404 RES. 1993-12 PLANS & SPECS. PROJ. 93-404 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-10 approving the preliminary plat of Highpoint and directing preparation of a subdivision agreement with conditions, as recommended by the Planning Commission, subject to Staff approval of the design for the 133rd Street connection and continuing to work with property owner to extend street. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-11 receiving the preliminary engineering report on Project 93-404, Highpoint Utility and Street Improvements, and setting a public on it at 8:00 p.m. on February 11, 1993. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-12 directing the City Engineer to prepare plans and specifications for Project 93-404. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving a Trademark License Agreement with Wilson-Griak, Inc., allowing it to use the City's logo in an advertising commercial for Blockbuster Video, subject to a donation of $50.00 to the Parks and Recreation Department, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. WILSON-GRIAK LOGO AGREEMENT Mr. Melena reminded the Council that City Hall would be closed on CITY HOLIDAY Monday, January 18, 1993, in observance of Martin Luther King Day. CITY OF APPLE VALLEY Dakota County, Minnesota January 14, 1993 Page 8 The Council acknowledged that there is a vacancy on the Planning COMMISSION/ Commission due to the death of Gene Kitzman. It also received a COMMITTEE letter dated November 10, 1992, from JoAnne Ellison submitting her VACANCIES resignation from the Urban Affairs Committee. The Councilmembers indicated they would like to discuss filling the vacancies at a future meeting. Acting Mayor Sterling said a race for solar-powered experimental cars SOLAR POWER is again being planned for this summer. It will begin in Texas with CAR RACE the 36 cars proceeding down Cedar to a finish line at the Zoo on June 26, 1993. She asked if the Council would like to participate in a welcome. MOTION: of Humphrey, seconded by Erickson, appointing Councilmember Sterling as the City's liaison to coordinate involvement with the Zoo in welcoming the experimental cars to the finish line on June 26, 1993. Ayes ~ 4 - Nays - 0. APPOINT STERLING RACE LIAISON GOVERNMENT BOARD VACANCIES Mr. Melena distributed a memo dated January 14, 1993, informing the Council of positions open on various regional and intergovernmental agencies and boards. If anyone is interested in serving, he asked that they let him know. MOTION: of Humphrey, seconded by Goodwin, setting an informal meeting for the purpose of conducting a goal setting session on January 23, 1993, from 9:00 a.m. to 1:00 p.m., at Valleywood Golf Course. Ayes - 4 - Nays - 0. SET GOAL SETTING MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check registers dated January 6, 1993, in the amounts of $2,901,903.06 and $3,079,214.87; and January 13, 1993, in the amount of $747,535.73. Ayes - 4 - Nays - O. CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - O. The meeting was adjourned at 10:00 o'clock p.m.