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HomeMy WebLinkAbout04/09/1992CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 9th, 1992, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin, Humphrey and Sterling. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Police Captain Cook, Police Captain Erickson, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Holton called the meeting to order at 8:00 p.m. The Councilmembers and everyone in attendance took part in the pledge of allegiance to the flag. MOTION: of Sterling, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA Mr. Johnson introduced representatives from Highland Elementary School HIGHLAND ELEM. who described fund raising activities in connection with "Earth Day". TREE DONATION They are purchasing 32 trees to be planted at Eastview Athletic Complex. Phil Gribble, their advisor, and Duane Burns, Principal, were also present. Mr. Johnson said students will be planting the trees on April 21, 1992. MOTION: of Sterling, seconded by Goodwin, adopting Resolution No. 1992-71 accepting, with thanks, the donation of $500.00 from Highland Elementary School for trees at Eastview Athletic Complex. Ayes - 5 - Nays - 0. RES. 1992-71 HIGHLAND DONATION Mr. Johnson introduced a representative from Southview Elementary SOUTHVIEW ELEM School who presented a donation for five trees that will be planted TREE DONATION at Lac Lavon Park. Miles Haugen, advisor, and Ann Kastler, Principal, were also present. Mr. Johnson said students will be planting these trees, as well as 14 trees being donated by Vista Telephone Company, on April 20, 1992. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1992-72 accepting, with thanks, the donation of $75.00 from Southview Elementary School for trees at Lac Lavon Park. Ayes - 5 - Nays - 0. RES. 1992-72 SOUTHVIEW DONATION AUDIENCE DISC. CONG. RAMSTAD TOWN MEETING CONSENT AGENDA Mayor Holton asked if any one was present to address the Council at this time on any item.not on this meeting's agenda. Dave Hetland, Field Representative for Congressman Ramstad, invited the public to attend a Town Meeting the Congressman will be hosting at Galaxie Library on Monday, April 13, 1992, from 7:00 to 8:00 p.m. MOTION: of Goodwin, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Page 2 CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of March 26th, 1992, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of April 2nd, 1992, as written. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-73 accepting, with thanks, the donation of 14 trees from Vista Telephone Company for planting in Lac Lavon Park. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-74 accepting, with thanks, the donation of $50.00 toward the cost of City officials to attend the League of Minnesota Cities Conference from Minnegasco. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving the Option Agreement with Apple Valley Housing Limited Partnership (Dakota County HRA) to purchase part of Lot 2, Block 15, Cedar Knolls; approximately 2.53 acres, for $126,737.82 until December 31, 1992, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays ~ 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-75 granting a temporary waiver of platting to allow the Dakota County HRA to transfer part of Lot 2, Block 15, Cedar Knolls, on a metes and bounds description basis prior to filing the final plat of Cedar Knolls Townhomes. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992~76 approving a Conditional Use Permit for outdoor sales and display of plant materials at Cub Foods, on Lot 1, Block 1 Apple Valley Retail Addition, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-77 awarding the contract for Project 91-385, Pilot Knob Estates 8th Addition Utility Improvements, to Inland Utility Construction, the low bidder, in the amount of $88,320.40. Ayes - 5 - Nays - 0. MAR. 26, 1992 MINUTES APR. 2, 1992 MINUTES RES. 1992-73 VISTA TREE DONATION RES. 1992-74 MINNEGASCO LMC DONATION HRA OPTION CEDAR PROPERTY RES. 1992-75 PLAT WAIVER CEDAR KNOLLS PROPERTY RES. 1992-76 CUB FOODS NURSERY C.U,P. RES. 1992-77 AWARD CONTRACT PROJ. 91-385 CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Page 3 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-78 approving plans and specifications for Project 92- 383, Oxford Hollow Utility Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on May 7, 1992. Ayes - 5 - Nays - 0. RES. 1992-78 TAKE BIDS PROJ. 92-383 RES. 1992-79 TAKE BIDS PROJ. 92-242 CABLE TV 1991 ANNUAL REPORT FIREARMS RANGE PERMIT RES. 1992-80 RESTRICT RANGE PERMITS HAMMERSTAD FIRE CAPTAIN HIRE SEASONAL EMPLOYEES CONFIRM DISCH. BENGSTON MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-79 approving plans and specifications for Project 92- 242, Widening 127th Street from Cedar to Galaxie, and authorizing advertising for bids to be received at 2:00 p.m. on May 7, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving the Cable Television Advisory Committee's 1991 Annual Report. Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving a 1992 firearms range permit, for police instructional use only, on Dakota County property located north of 160th Street and west of Pilot Knob Road. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1992-80 advising that effective January 1, 1993, permits for discharge of firearms on Dakota County property, located north of 160th Street and west of Pilot Knob Road, will no longer be considered. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, receiving notice that Mike Hmmmerstad has been appointed to the position of Fire Captain for Station No. 3 by the Fire Chief. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the part- time and seasonal employees as listed in the Personnel Director's memo dated April 9, 1992. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, confirming the discharge from employment with the City of Charles R. Bengston from the position.of Police Officer effective April 6, 1992. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Johnson presented the 1991 Tree City USA plaque, which the City 1991 TREE received on March 28, 1992, to the Mayor. This is the eighth year CITY USA Apple Valley has received the award for its active tree preservation program. The City also received "Tree City USA" signs and Mr. Melena said Staff will be looking for a way to use them. If anyone has suggestions, please let him or Mr. Johnson know. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Page 4 Mr. Melena said he was contacted today by Ron Mielke, representing NECK LIQUOR Larry Neck. Mr. Mielke advised that Mr. Neck is withdrawing his LICENSE & request for a liquor license and conditional use permit on the old CONDL. USE liquor store property. He wants to close on purchase of the property as quickly as possible. He has a different retail use, permitted in the "RB" zone, for the building. Mr. Neck still wants to locate a restaurant in the City and has asked for assistance in finding a suitable site. No further action is required at this time. Bill Griffith, of Larkin, Hoffman, Daly & Lindgren, representing Granada Shopping Center Partners, said they have submitted a letter regarding traffic and parking on the site. He asked that any use going into the site be reviewed by the shopping center owners. They also ask that any license, permit or approval be forwarded to them for review and comment. Mr. Sheldon said any retail use meeting the requirements of the zoning code would not require action by the City to locate in the building. The shopping center owners can comment on any license or permit just as any member of the public can. The owner of Granada Coin Laundry, 14820 Granada Drive, said he would like the Cityto develop guidelines concerning number of parking spaces required for the Shopping Center. He also said he believes any liquor use should have its own building. Mayor Holton called the public hearing to order at 8:16 p.m. to con- sider Project 92-386, Whitney Plaza Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the revised engineering report, dated April 7, 1992, estimating total cost of the improvements at $235,500. The revised project includes constructing a driveway, on the old Whitney alignment, leading into the property from Cedar; an eight-foot wide concrete sidewalk along Cedar from 153rd to 155th Streets; and a visual barrier along the west side of the property. PUBLIC HEARING PROJ. 92-386 WHITNEY PLAZA Councilmember Humphrey asked whether the 600 foot length of the visual barrier might be too imposing? Mr. Welsch said it was designed with brick on the lower portion and wrought iron fencing on top to help break it up. It will be a six- foot high barrier on top of a two-foot berm. Mr. Daly's architect has looked at the design and did not indicate a problem. It will also be softened with additional plantings. Mayor Holton asked if the barrier will affect sight distance at the corner? Mr. Gordon said it will be angled back about 30 feet from both the corner and the driveway entrances for visibility. The Mayor asked for other questions or comments from the Council and the audience. There were'none and the hearing was declared closed at 8:25 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Page 5 MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1992-81 ordering installation of Project 92-386, Whitney Plaza Utility and Street Improvements (Delegard 2nd Addition) as revised. Ayes - 5 - Nays - 0. RES. 1992-81 ORDER IMPR. PROJ. 92-386 Mr. Gretz reviewed his memo dated April 1, 1992, concerning installa- CEDAR FRONTAGE tion of a sidewalk or.pathway along the frontage road on the east PATHWAY side of Cedar Avenue, south of 132nd Street. There is limited space for such a pathway and it could only be constructed on one side at a cost of approximately $82,000. Under normal conditions, such a sidewalk would cost $40,000. Councilmember Erickson asked how pedestrians can be accommodated? Mr. Gretz said there are no sidewalks leading to this street. Pedestrian traffic has been oriented toward Galaxie Avenue where there are sidewalks. MOTION: of Goodwin, seconded by Sterling, approving the Public Works Director's recommendation not to construct a sidewalk or pathway along the Cedar Avenue frontage road due to the high cost. Ayes - 5 - Nays - 0. DO NOT BUILD CEDAR FRONTAGE PATHWAY Mr. Welsch reported on a meeting held today with Jim Price, of Ford, PROPOSED AUTO and his architect; Dean Skoglund, of Southport Plaza; Mike Grossman, PARK ILEPORT of Sunnyside Chrysler-Plymouth; and Mark Hebert, of the Auto Malt; concerning development of an auto park on a site south of County Road 42 and west of Galaxie Avenue. They were attempting to reach some agreement on whether 151st Street should be closed. Mr. Hebert had concern about narrowing 151st Street if it is closed west of his property and would like any building oriented toward the east corner. Ryan Construction prefers to have 151st continue as a through street. However, Mr. Skoglund said retailecs in Southport Plaza are not terribly concerned with 151st Street because most of their traffic comes from Gleason Path/Garrett or through the Target parking lot. Mr. Welsch said he understands the business owners will be discussing the matter further. Mr. Price will be preparing a sketch plan of the project for the Planning Commission to review at its May 6, 1992, meeting. Mr. Melena said if 151st Street is closed, the City should retain an easement and make sure any building does not encroach on the right-of-way in case the property is redeveloped or the use changes in the future. Mayor Holton said he is reluctant to close 151st Street unless there is an alternate route. Councilmember Humphrey said he believes traffic should be encouraged on 153rd Street to increase development potential along the ring route. Councilmember Goodwin said he agrees there needs to be some alternate to 153rd Street, but this is a major project which will bring in head of household jobs and should be pursued. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Page 6 Councilmember Erickson asked when a left turn arrow will be added at 153rd and Cedar and how "no left turns" at the Cub entrance can be enforced? Mr. Gretz said the signal modification will be done this summer. Mr. Melena said the only solution for turning movements at Cub's entrance is to extend the median or remove it and allow left turns. Mr. Gretz said he will prepare a report with alternative for the Council to consider. The Council meeting was recessed at 8:49 p.m. for the purpose of EDA MEETING conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting the Council meeting reconvened at 8:56 p.m. Mr. Johnson said he contacted the Department of Natural Resources for DEER PROBLEM__S information on what can be done for residents who have problems with deer. The DNR will not trap and release deer because it really has no place to relocate them. It provided some information on things that can be done to discourage deer from inhabiting backyards. He will send it to the residents who contacted the City about the deer. The DNR suggested the City participate in a survey next winter to determine the scope of the problem. The aerial survey costs about $600. Councilmember Sterling asked how many deer have been hit by vehicles in the past year? Mr. Melena said the last report was 38. Councilmember Goodwin agreed the City should participate in the survey. Mr. Johnson will include the cost in the 1993 budget. Mr. Johnson said he also has a videotape on deer control from the City of Bloomington that he will make available to anyone who is interested. MOTION: of Humphrey, seconded by Goodwin, appointing Jeff Weldon as Acting Administrator during the City Administrator's vacation from April 27 to May 11, 1992. Ayes - 5 - Nays - 0. ACTING ADMIN, MOTION: of Sterling, seconded by Humphrey, adopting Resolution No. 1992-82 appointing Frank R. Blundetto, Jr., to fill the vacancy on the Planning Commission for a term expiring March 1, 1993. Ayes - 5 - Nays - 0. RES. 1992-82 BLUNDETT0 P.C. APPOINTMENT The Council said it will consider appointments April 23, 1992, for the two terms on the Planning Commission expiring March 1, 1992. MOTION: of Goodwin, seconded by Humphrey, appointing Scott Hugstad- Vaa to fill the vacancy on the Cable TV Committee for a term expiring March 1, 1993. Ayes - 5 - Nays - 0. HUGSTAD-VAA CABLE TV COM. Councilmember Erickson distributed and read a letter concerning road- ROADSIDE side sobriety checks. His concern stemmed from an accident April 2, SOBRIETY 1992, involving drinking and driving. He said he understands the Police Department has not used roadside sobriety checks because they have not been given approval to do so by the Council and asked that approval be given now. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1992 Page 7 Councilmember Goodwin asked what information the Police Department has and believes it should be extremely aggressive in this matter. Captain Cook said the issue of checkpoints was researched and one was planned in the summer of 1990. They did not proceed because they understood the Council had some concerns about legality and constitutional issues. Mr. Sheldon said the Council should understand that Apple Valley's Police Department and prosecutors are among the most aggressive in Dakota County in prosecuting DWI's. The measures being discussed are enforcement measures, not prevention measures. Mayor Holton said he had some concerns with how far such stops can go and should drivers be cited for violations other than drirnking. Councilmember Humphrey said he also had some concerns and has changed his opinion over the years, but he would like further discussion at a work session. MOTION: of Erickson, seconded by Sterling, requesting the Police SOBRIETY Department to come back with a plan as to when and how to CHECK PLAN implement roadside sobriety checkpoints in the City. Councilmember Sterling asked if the Police Department has enough staff and money to conduct such a program? Captain Cook gave some information on how checkpoints have been done in other cities. There were some constitutional questions which were addressed by a Supreme Court challenge. There are now rules as to how checkpoints are to be conducted. They must have a plan on diverting vehicles with a minimum intrusion on drivers (two to three minutes maximum). The City can do it on its own or as a joint effort with the Highway Patrol or another city. Costs are primarily covered by changing shifts around the scheduled activity. Captain Erickson said the Police Department has been strict in all traffic law enforcement. This is a departure from the norm for its operations. The Supreme Court's decisions have been recent and research will need to be done to make sure the information is up to date. They should be able to have a plan prepared for the Council in a few weeks. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, to pay the claims and bills, check register dated April 1, 1992, in the amount of $1,709,373.03, and check register dated April 8, 1992, in the amount of $784,105.67. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:35 o'clock p.m.