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HomeMy WebLinkAbout03/14/1991CITY OFAPPLE VALLEY Dakota County, Minnesota March 14, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 14th, 1991, 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, Administrative Intern Asselanis, Planning Intern Benson, Personnel Director Boland, Forestry Specialist Brackee, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, Associate Planner McMonigal, Building Official Miranowski, 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 Goodwin, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA Mayor Holton introduced Alan Kohls, Barbara Linkert, Carl Mitchell HISTORICAL and Lois Puckett, of the Historical Committee, and presented plaques COMMITTEE to them expressing appreciation for their work on the history of the PRESENTATION City. One member of the Committee, Agnes Scott, was not able to be present. The Committee presented framed historical pictures, taken by Gladys Teig, of various sites around the City. The Committee has disbanded and some members will be'involved with the Dakota County Historical Society. Mayor Holton asked if any one was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. AUDIENCE DISCN. RESTAURANT OPERATOR SEARCH EDA TO AMEND ERC AGREEMENT CONSENT AGENDA Councilmember Goodwin said publicity about the EDA retaining a consul- tant to assist in searching for a restaurant resulted in numerous inquiries. Because of these contacts, he suggested it would be neces- sary to proceed with Phase I of the contract only. MOTION: of Goodwin, seconded by Humphrey, indicating the intent of the Economic Development Authority to amend the consultant agreement with Economic Research Corporation to proceed with Phase I only, at a cost of $3,500.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, moving a special use permit for Bob's Plants to the regular agenda approving all remaining items on the consent agenda. Ayes - 5 Nays - O. CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 2 CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the regular meeting of February 28th, 1991, as written. Ayes - 4 - Nays - 0 (Erickson Abstained). FEB. 28, 1991 MINUTES MOTION: of Goodwin, seconded by Humphrey, approving the minutes of the special meeting of March 7th, 1991, as written. Ayes - 4 - Nays - 0 (Erickson Abstained). MAR. 7, 1991 MINUTES MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-54 setting a public hearing at 8:00 p.m. on March 28, 1991,'on the HRA 1991 Single Family Housing, First Time Homebuyer, Program under Minnesota Statutes, Chapter 462C. Ayes - 5 - Nays - 0. RES. 1991-54 SET HEARING HRA HOUSING PROG. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-55 receiving the preliminary engineering report on Project 90-359, Galaxie Avenue Improvements from 157th td 160th Streets, and Project 91-363, 1991 Street Overlay and Maintenance Program, combined; and setting a public hearing on it at 8:00 p.m. on April 11, 1991. Ayes - 5 - Nays - 0. RES. 1991-55 SET HEARING PROJ. 91-363 MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-56 receiving the preliminary engineering report on Project 91-368, Galaxie Avenue Widening from 142nd to 147th Streets, and directing the Engineer to prepare plans and specifications for making the improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing distri- bution of golf, swimming and tennis passes for Apple Valley and Rosemount High Schools Senior Class Parties as described in the Park & Recreation Director's memo dated March Il, 1991. Ayes - 5 - Nays - 0. RES. 1991-56 PREPARE PLANS PROJ. 91-368 H.S. SR. CLASS PROMOTIONAL ITEMS MOTION: of Goodwin, seconded by Humphrey, receiving the annual report of the Cable TV Advisory Committee for calendar year 1990. Ayes - 5 - Nays - 0o MOTION: of Goodwin, seconded by Humphrey, authorizing use of certain neighborhood parks for organized activities from May 1 to September 1, 1991, as follows: Longridge, Ttntah, Wildwood, Moeller, Faith, Greenleaf, Greening, Duchess and Huntington, as described in the Park & Recreation Director's memo dated March 11, 1991. Ayes - 5 - Nays - 0. CABLE TV COM. ANNUAL REPORT NEIGHBORHOOD PARK USE FOR ACTIVITIES CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 3 MOTION: of Goodwin, seconded by Humphrey, confirming appointment of Fire Department officers, as listed in Fire Chief Tuthill's memo dated March 7, 1991, for three-year terms effective March 18, 1991. Ayes - 5 - Nays - 0. CONFIRM FIRE DEPT. OFFICERS MERIT SALARY INCREASE HIRE SEASONAL EMPLOYEES COUNTY ROAD 38 CONSTRUCTION AGREEMENT MOTION: of Goodwin, seconded by Humphrey, approving a merit salary increase, of $1,000.00 per year, for the City Administrator effective November 16, 1990. Ayes - 5 ~ Nays - 0. MOTION: of Goodwin, seconded by Humphrey, approving hiring the seasonal employees as listed in the Personnel Director's memo dated March 14, 1991. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MOTION: of Goodwin, seconded by Erickson, approving the Agreement for Highway Design and Construction with Dakota County for County Project 38-08, County Road 38 between County Road 11 and Pennock Avgnue, and authorizing the Mayor and Clerk to sign the same. Mr. Gretz reviewed drawings prepared by the Dakota County Highway Department. He noted the City is not required to hold a hearing on this project and no assessments are proposed to be levied. This is the final segment of County Road 38 between Highway 3 in Rosemount and County Road 5 in Burnsville. It is proposed as a four-lane divided street, 62 feet wide curb to curb. The alignment was approved in 1977 and reaffirmed by Council resolution in 1983. The project will include a signal at GR 11 and 140th Street and conduit for a future signal at Garden View. The intersection with Pennock is still being reviewed as to the need for a signal. There will be eight-foot wide pathway on both sides of the road from CR 11 to Garden View and on one side only from Garden View to Pennock. The cost is estimated at $2,500,000 of which the City's share is 45 percent. Funding allocated for the construction is from dedicated road funds which cannot be used for other purposes. The County held a public meeting on the road March 12, 1991, and 65 family units signed the roster. Of those, 25 filled out comment cards with 13 in favor, 10 opposed and two had design comments. David Zech and Lezlie Anderson, of Dakota County were present and reviewed traffic projections. Mr. Zech said increasing traffic on Cedar Avenue is making it more difficult to cross at grade. Traffic volume is expected to double over the next 20 years. Palomino Drive and CR 38 have overpasses to ease crossings. Mayor Holton said this is not a public hearing, but the Council will accept public comments to open up communication. CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 4 Connie Scheid, 177 Beaumont Court, commented on traffic problems and dangerous intersections on Palomino Drive and expressed support for the new road. Tom Harris, 8500 West 133rd Street, expressed opposition to the road which he believes will serve people traveling through the City and not residents. He was aware of the proposed road when he moved in, but does not agree with it or that environmental concerns have been addressed. Ha suggested the money be used for improving north-south routes instead. Clint Townsend, 8719 West 134th Street, submitted a letter to the Council expressing opposition to the road and said he concurs with Mr. Harris. Mike Garrison, 8035 West 133rd Street, asked the Council to delay action on the road and reassess the design and timing. He noted the original road alignment was from Highway 52 to Shakopee, but both Rosemount and Burnsville altered the extent of the alignment. He questioned whether the magnitude of the design is cost effective and whether improvements to other roads, such as Pilot Knob Road, might not be more beneficial. Alan Felkner, 113 West Pony Lane, said the road has been planned for nearly 15 years and he moved to his neighborhood knowing County Road 38 would replace Palomino Drive. With numerous intersections on Palomino, it cannot be improved to handle increasing traffic. As a member of the Planning Commission, ha is aware of residents' dissatisfaction with Pennock Avenue and asked the Council not to create the same problem on Palomino. Jane Hudson, 7875 West 133rd Street, questioned whether the road would improve response time for emergency vehicles. She expressed concern about the cost of the road and asked to have it tabled for more study. Wally Johnson, 7815 West 133rd Street, said he had written a letter to the Council opposing the road. The right-of-way is narrower than that required for roads now. The area constructed east of Cedar has farther setbacks, better harms and fewer retaining walls than are proposed here. He questioned whether the EAW is adequate. There are existing homes along the road which will be affected and he expressed concern about the volume of traffic projected. Grady Zieman said he does not believe the road is necessary; it will disturb people in the neighborhood, might be more dangerous for children and removing trees will affect animals. Russell Davies, 13376 Havelock Trail, said he did not know the road was going in and would be next to his house. It is a low valley and the noise will echo through the area. He asked if something will be done to protect the trees? Ken Brackee, City Forestry Specialist, said there will be a barrier at the construction limits to preserve the trees that are to remain. There is a considerable amount of oak wilt in the area and the infected trees will be CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 5 removed as well as those where the road is going. Trees will not be cut during May and June to prevent disease from spreading. Roger Tadsen, 115 Belmont Road, asked the Council not to delay the road; it will only be more costly in the future. There was a fatality on Palomino Drive this winter and the new road is needed. Betty Turek, 101 Shasta Court, spoke in favor of the road and expressed concerns about traffic now on Palomino Drive. Brad Blackett, 457 Reflection Road, said he represents the Watershed Management Organization and the road design does not indicate how non-point source pollution will affect Lake Alimagnet. He asked to delay the road to allow study of the storm sewer system. Will Branning, 13775 Guild Avenue, said the road is only two lanes in Rosemount and is very narrow through a residential area in Burnsville. He asked the Council to delay a decision for more input and study on the size of the road needed. He questioned whether the road would divert traffic from downtown and whether Pilot Knob and 160th Street should not be higher priorities. Rita DiRioo, 379 Cimarron Road, said Palomino Drive is dangerous during icy conditions and has poor visibility. She travels to work in Burnsville and the new road would not just be used by people traveling through the City. Keith Carlson, 13035 Hialeah Path, said the City and County have done an adequate job of explaining the need for the road. It has been projected for construction this year and should proceed. Councilmember Goodwin asked for a comparison of the home setbacks in this area with the Nordic Woods area. Mr. Gretz gave the minimum lot depths and noted areas where they were increased in acknowledgment of the future road. Mr. Davies said his house is 50 feet from the road and lower than the road and asked if trees can be preserved between his house and the road? Mr. Zech said the design is not final yet, but typically retaining walls are not built to save trees because it does not work. They will be working with property owners to make adjustments in final design where possible. Councilmember Erickson asked if air pollution concerns from traffic stacking at Cedar and CR 42 are an impetus for the road? Mr. Zech said the main concerns are alleviating traffic delays at Cedar Avenue crossings and a the need for alternate routes. Councilmember Erickson said he was opposed to construction of 140th Street when it was built and that was a mistake. The road was built narrower than it should have been and he believes this road needs to be built. Councilmember Humphrey asked if there ars plans for widening CR 38 in Rosemount and why part of the road was constructed with no median in Burnsville? Ms. CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 6 Anderson said the road was built at two lanes because that area of Rosemount has five-acre lots. The base was designed for future widening to four lanes. Mr. Zech said the road was built through an area of Burnsville with a lot of existing development and was a compromise at 52 feet wide. Mr. Zech said the lane alignment and grades of the road are shown on the plans. There may be changes in slopes or heights of retaining walls on particular properties. They will be talking with property owners along the road and negotiating with those where additional right-of-way is needed. Mayor Holton said the road is not a surprise and was originally planned in 1972. There are some legitimate design concerns which can be worked out. This is a well planned community and the road is needed to alleviate traffic problems. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, approving Traffic Signal Agreement No. 91-04 with Dakota County for a signal at the intersection of County Road 38, County Road 11 and 140th Street and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. COUNTY ROAD 38 TRAFFIC SIGNAL AGREEMENT Mr. Sheldon reviewed a revised settlement agreement, prepared today, EATON MOBILE with Eland Corporation, owner of Eaton Mobile Home Park. In res- HOME PARK ponse to the Park's annual City permit, a number of inadequacies were ANNUAL PERMIT found and the intent of this agreement is for the parties to remain in the same legal status and work through these problems. This is more of a planning document to try and resolve the problems which have evolved over a period of time. Councilmember Goodwin expressed concern about emergency vehicle access and said ha would like that resolved before next winter. Mr. Sheldon said the City does not have the ability to regulate a private street, but can declare a fire lane if it becomes necessary. Mr. Melena said this document is the first step in working out the corrections. Councilmember Erickson said he would be more comfortable with setting some type of time frame to know if progress is being made. Mr. Sheldon said this agreement runs through December 31st and covers the 1991 period, MOTION: of Goodwin, seconded by Humphrey, approving the Settle- ment Agreement with Eland Corporation for the Eaton Mobile Home Park 1991 annual permit and authorizing the Mayor and Clerk to sign the same. EATON PARK SETTLEMENT AGREEMENT Mr. Sheldon said the Council will be given an update on the status July Bradlee Karan, representing Eaton Park, was present and said he will relay concerns to the owners. They will attempt to resolve and work out the problems in good faith CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 7 Vote was taken on the motion. Ayes - 5 - Nays - 0. Mayor Holton called the public hearing to order at 10:09 p.m. on PUBLIC HEARING Project 91-367, Embassy Estates Townhomes Utility and Storm Sewer PROJ. 91-367 improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the engineering report and said all costs would be assessed to the affected property. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 10:12 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1991-57 ordering installation of Project 91-367, Embassy Estates Towahomes Utility and Storm Sewer Improvements. Ayes - 5 - Nays - 0. RES. 1991-57 ORDER PROJ. 91-367 RES. 1991-58 PREPARE PLANS PROJ. 91-367 PARKING LOT LIGHTING MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-58 directing the Engineer to prepare plans and specifications for Project 91-367. Ayes - 5 - Nays - 0. Mr. Melena advised the Council that Project 91-364, Downtown Parking Lot Lighting, was removed from the agenda because all property owners involved has advised they did not want the lighting installed. Mr. Melena reviewed the memos from the Street Superintendent and Parks SNOWMOBILE & Recreation Director concerning complaints about snowmobiles in the COMPLAINTS City and advised the Council that it may be necessary to consider prohibiting their use. The Council discussed the problems and agreed damage to parks and enforcement of existing laws concerns. The Parks & Recreation Director was asked to meet with members of snowmobile clubs to discuss further restrictions or some type of permitting system and report back to the Council. Mr. Welsch reviewed the Planning Department report on the request for KMART SPECIAL an expanded temporary garden store by Kmart. Denial is recommended USE PERMIT because there already is a conditional use permit for an outdoor garden store and it would take up needed parking spaces. Under an amendment to the conditional use permit last year, they were required to re-stripe the parking lot and that has not been done. MOTION: of Humphrey, seconded by Goodwin, approving a special use DENY KMART permit for a temporary outdoor garden center at Kmart. PERMIT Ayes - 0 - Nays - 5. Motion Failed. Mr. Welsch reviewed the Planning Department report on the request of BOB'S PLANTS Bob's Plants-To-Co for a temporary garden store at Menard's. They SPECIAL USE have had this permit for the past four years. Mayor Holton said he is PERMIT concerned about this temporary type of business and whether it should continue to be allowed. Councilmember Humphrey agreed that the ordinance should be looked at for changes next year. CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 8 MOTION: of Humphrey, seconded by Sterling, approving a special use permit for Bob's Plants-To-Co for a temporary outdoor garden center in the parking lot at Menard's from April 1 to July 1, 1991, subject to sign restrictions as described in the Planning Department memo dated March 14, 1991. Ayes - 5 - Nays - O. BOB'S PLANTS SPECIAL USE AT MENARD'S MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 505 amending Appendix A of the City Code by adding parking requirements for veterinary clinics consisting of one space for each 400 square feet of gross floor area. Ayes - 5 - Nays - 0. ORDINANCE 505 VETERINARY CLINIC PARKINC POLICE RULES REGULATIONS Consideration of the Police Department Rules and Regulations Manual was tabled. MOTION: of Sterling, seconded by Erickson, to close the meeting under M.S. 471.705, Subd. la, to consider strategy for labor negotiations. Ayes - 5 - Nays - O. CLOSE MEETING The meeting was closed at 10:34 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Melena, City Clerk Mueller, Personnel Director Boland, Police Chief Rivers and Assistant to Adminis- trator Weldon. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 11:10 p.m. in the Council Chambers at which time Public Works Director Gretz was also present. The Council received the City Administrator's memo dated March 7, 1991, concerning his vacation April 8 to 15, 1991, and concurred with his recommendation that John Gretz and Jeff Weldon be designated to act jointly in his absence. ADMINISTRATOR VACATION Councilmember Sterling asked about the status of flags being donated RING ROUTE by the American Legion for the ring route street lights. Mr. Gretz FLAGS said he has been in contact with them weekly and they expect to receive them soon. Due to numerous orders and factory backlogs, there has been a delay in manufacturing American flags. Councilmember Sterling said the City of Rochester was requesting City CITY FLAG flags to be displayed at the League of Cities conference in June. Mr. Melena advised her that the City's flag has already been sent to Rochester. The Council received a letter dated March 8, 1991, from W. G. Miltiman, a resident, complimenting the work the City does with snow removal services, street maintenance and water quality. PUBLIC WORKS COMMENDATION CITY OF APPLE VALLEY Dakota County, Minnesota March 14, 1991 Page 9 MOTION: of Humphrey, seconded by Goodwin, to pay the claims and bills, checks numbered 83015 through 83158 and 83167 through 83280, in the total of $4,020,055.95. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Goodwin, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:16 o'clock p.m.