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HomeMy WebLinkAbout06/20/1991CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 20th, 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: Assistant to Administrator Weldon, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Recreation Specialist Fowler, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley Police Chief Rivers 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 Erickson, seconded by Sterling, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA RES. 1991-134 PROCLAIM 4TH OF JULY MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1991-134 proclaiming July 4, 1991, as "The 25th Annual Apple Valley 4th of July Celebration" and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. Patty Fowler and Margaret Patch, Chair of the 4th of July Committee, distri- buted brochures listing events planned for the 4th of July Celebration. It was noted there will be a new parade route this year. The parade begins at 1:00 p.m. at 153rd Street and Pennock Avenue; continues north on Pennock to 145th Street, and ends at Apple Valley High School. The evening fireworks display will be held east of Target Greatland at County Road 42 and Cedar Avenue. Ms. Patch thanked the Council for Ms. Fowler's and the City's assistance with the event. MOTION: of Humphrey, seconded by Sterling, adopting Resolution No. 1991-135 accepting, with appreciation, the donation of American flags for the Downtown Ring Route street light poles from Apple Valley American Legion Post 1776. Ayes 5 - Nays - 0. RES. 1991-135 LEGION FLAG DONATION Bernie Fink and Greg Timm, Commander of Apple Valley American Legion Post 1776, presented one of the flags to the Mayor. The Legion purchased 23 dozen flags which will be flown at various times during the year including the 4th of July. The Council thanked the Legion for its generous donation. The Mayor 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 DISC. CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 2 MOTION: of Goodwin, seconded by Sterling, removing Apple Ponds 3rd plat and agreement from the agenda, at the request of the petitioner; moving Signal Maintenance Agreement to the regular agenda and approving all remaining consent agenda items. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of June 6th, 1991, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing Americana Fireworks Company to conduct a fireworks display, subject to receipt of a certificate of insurance, on Thursday, July 4, 1991, at 10:00 p.m., east of Target Greatland at County Road 42 and Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a temporary on-sale 3.2 beer license to Apple Valley American Legion Post 1776 on July 4, 1991, at Hayes Field. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of a temporary on-sale 3.2 beer license to Midwest Sports Events on July 13 and 14, 1991, at Eastview Athletic Complex. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving issuance of dance permits on June 28, July 26 and August 16, 1991, for dances at Apple Valley Community Center, jointly sponsored by the City and Apple Valley High School Cheerleaders, subject to one off-duty Police Officer being in atten- dance. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, receiving a resolution of the Apple Valley Planning Commission, dated June 19, 1991, regarding the Metropolitan Council study of regional airport sites; endorsing expansion of the existing airport site. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, granting a rearyard setback variance for a building addition on Lot 5, Block 1, Apple Valley Industrial Park 2nd Addition Replat, (6885 West 145th Street) to allow construction to within 10 feet of the lot line for Al's Cabinets, as recommended by the Planning Commission. Ayes ~ 5 - Nays - 0. CONSENT AGENDA JUNE 6, 1991 MINUTES 4TH OF JULY FIREWORKS LEGION JULY 4 BEER LICENSE EASTVIEW TEMP. BEER LICENSE AVHS CHEERLEAD DANCE PERMITS P.C. AIRPORT SITE RESOLUT~ VARIANCE AL'S CABINETS BLDG, ADDITION CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 3 MOTION: of Goodwin, seconded by Sterling, granting a frontyard setback variance for a house on Lot 1, Block 2, Meadowlark Glen 2nd Addition, to allow construction to within 20 feet of the lot line, as recommended by the Planning Commis- sion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, granting a sign variance for Big Apple Mall to allow the sign to be relocated three feet from the Pennock Avenue easement, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-136 approving a corrective subdivision for Nordic Woods Fifteenth Addition (replat of eight townhouse lots in Nordic Woods 6th Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-137 awarding the contract for Project 91-333, Oaks of Apple Valley IV Utility Improvements, to CECA Utilities, the low bidder, in the amount of $155,797.60. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-138 awarding the contract for Project 91-368, Galaxie Avenue Widening from 142nd Street to 147th Street, to Alexander Construction, the low bidder, in the amount of $235,272.42, subject to Municipal State Aid approval of the project. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-139 awarding the contract for East-view Athletic Complex - Soccer Field "C" Lighting to Sports Facilities Contractors, the low bidder, in the amount of $57,120.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-140 awarding the contract for Project 91-361, Traffic Signal on 153rd Street at Target/Cub Entrance, to Peoples Electrical Contracting, the low bidder, in the amount of $55,535.00, subject to abutting property owners waiving right to appeal special assessments for the project. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, accepting Project 85- 236, Water Treatment Facility, as final and authorizing final payment on the contract with Lovering Associates, Inc., in the amount of $3,750.00. Ayes - 5 - Nays - 0. VARIANCE HOUSE LOT 1, BLK 2, MEADOWLARK 2ND VARIANCE, SIGN BIG APPLE MALL RES. 1991-136 CORRECT PLAT NORDIC 15TH RES. 1991-137 AWARD CONTRACT PROJ. 91-333 RES. 1991-138 AWARD CONTRACT PROJ. 91-368 RES. 1991-139 AWARD CONTRACT SOCCER LIGHTS RES. 1991-140 AWARD CONTRACT PROJ. 91-361 FINAL PAYMENT WATER TREAT- MENT FACILITY CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 4 MOTION: of Goodwin, seconded by Sterling, granting a Temporary Easement over part of Outlot A, Chateau Estates, to Dakota County for construction of County Road 38 and authorizing the Mayor and City Clerk to sign the same. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1991-141 approving plans and specifications for Project 91-359, Galaxie Avenue from 157th to 160th Streets, and authorizing advertising for bids to be received at 2:00 p.m. on July 18, 1991. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, approving a Settlement Stipulation with Diamond Path, Inc., for Special Assess- ment Roll No. 274, involving East Valley Plaza 2nd Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, receiving the 1990 Annual Report of the Apple Valley Fire Department. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, receiving notice that the City has been awarded the Minnesota Safety Council's Meritorious Achievement Award for Occupational Safety for 1990. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Sterling, approving hiring Diane M. Bodeen for the position of fulltime Police Dispatcher, effective July 8, 1991, at an annual salary of $23,500. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving hiring the seasonal employee as listed in the Personnel Director's memo of June 20, 1991. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Sheldon recommended revising language in the Signal Maintenance Agreement with Dakota County related to disclaimer of the County's liability which he believes is too broad and would be unacceptable to the City's insurance carrier. MOTION: of Goodwin, seconded by Humphrey, approving Signal Main- tenance Agreement No. 91-11 with Dakota County for the signal on 153rd Street at the Target/Cub Entrance, subject to changes recommended by the City Attorney related to disclaimer of County liability, and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 - Nays - O. CR 38 TEMP. EASEMENT RES. 1991-141 TAKE BIDS PROJ. 91-359 EAST VALLEY PLAZA 2ND ASSMT. SETTLE FIRE DEPT. ANNUAL REPORT MINN. SAFETY COUNCIL AWARD. HIRE BODEEN DISPATCHER HIRE SEASONAL EMPLOYEE COUNTY SIGNAL MAINTENANCE COUNTY SIGNAL MAINTENANCE AGREEMENT CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 5 Mayor Holton called the public hearing to order at 8:12 p.m. to con- sider Project 91-370, Apple Ponds 3rd Addition Utility and Street improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Gordon reviewed the details of the engineering feasibility report. PUBLIC HEARING PROJ. 91-370 APPLE PONDS 3RD IMPROVE. Mayor Holton asked if grass clippings will be a problem for the proposed storm sewers in the backyards? Mr. Gordon said he did not believe so, but they may need to be monitored. Mayor Holton asked the status of a composting ordinance which the Urban Affairs Committee has been considering and asked for further discussion of it at an informal meeting. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:16 p.m. It was noted that no action would be taken on ordering the improvements at this time pending resolution of subdivision agreement issues with the developer. Mr. Gretz reviewed actions which the Council took at its June 6th, TRAFFIC REPORT 1991, meeting following a discussion of the traffic situation on 126TH/DIAMOND 126th Street and Diamond Path, between Pilot Knob Road and Johnny PATH ROAD AREA Cake Ridge Road. Previous traffic counts taken on 126th/Diamond Path showed almost 6,000 vehicles per day on the west end and 3,000 to 4,000 vehicles per day on the east end. Temporary speed bumps were installed and traffic counts decreased by approximately 30 percent; with most recent counts at 2,900 on the west end and 2,300 on the east end. Glen VanWormer, who is conducting the traffic study and will be preparing a report on alternatives, was present with a status report on the temporary measures taken. The preliminary study, based on number of homes, shows 2,700 trips per day generated in the immediate area with the another 500 trips from the Eveleth Path area. A 1989 County study showed 2,000 trips per day at the Pilot Knob/Diamond Path intersection. The license plate study conducted last week, after the speed bumps were in place, showed 51 percent of the vehicles traveling the street were from the neighborhood and 32 percent were from outside the Apple Valley-Burnsville- Eagan-Rosemount area which probably means they live in the neighborhood but have not changed the vehicle registration address or are rental vehicles. A lot of traffic has been diverted by the speed bumps and the question is what to do now. Speed bumps are effective but also slow emergency vehicle response. The City may want to remove some of the bumps, randomly, and continue to monitor traffic and watch the effects. Mr. VanWormer said he is getting more information to prepare a report which will include long term traffic projections for the street, the effects when the new County Roads are completed and alternatives. The report should be ready by the end of next month. CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 6 Kevin Mayer, 12788 Ethelton Way, asked if four-way stop signs could be installed along the street to curb traffic? Mr. VanWormer said he has not looked at specific locations, but care must be taken not to install too many. If there is not enough cross traffic, drivers become accustomed to that and tend to roll through the intersections which is also hazardous. Joseph Otterstetter, 5701 West 126th Street, asked if speed bumps cause some speeding? Mr. VanWormer said that is why he recommends removing some, but not all of the bumps. The problems the speed bumps cause have to be weighed against the reduction in traffic volume. Traffic still has to get through. Leslie Bromley, 12765 Diamond Path, commented on the reduction in traffic and said she would like the speed bumps to remain for three months. Dennis Olson, 12819 Durham Way, said he previously lived on Whitney Drive which probably carried more traffic than this street. It is a short construction season and people in his neighborhood are already driving several extra miles because of construction. This is the first east-west street within three miles of Cliff Road and it is going to be used. He believes there are too many speed bumps and are creating problems. Dennis Crosby, 12754 Diamond Path, presented a petition to the Mayor supporting the use of speed bumps. Councilmember Goodwin asked if there is a correlation between the number of bumps removed and an increase in speed? Mr. VanWormer said no, they could be left in at the ends of the street, and maybe some in the middle, and still have the same impact. As they are removed, traffic should continue to be monitored. Dave Smith, 12728 Durham Way, said he empathizes with the people who live on the street, but the issue is who has a right to drive down the street. In Delaware, he has seen signs advising that all traffic fines are doubled in construction zones and asked if this could be implemented. He believes the Police should monitor traffic instead of using speed bumps. Bud Osmundson, 12904 Essex Way, said he has seen skateboarders, bicyclists and rollerbladers going over the speed bumps, as well as Joggers in the street even though it has sidewalks, all of which contribute to traffic hazards. This is a wider street and is intended to carry more traffic. People should have been aware of this when they bought homes on the street. Mayor Holton said it appears that a large number of trips are generated in the neighborhood and surrounding streets. When other streets are completed, how will that affect traffic? Mr. VanWormer said he will attempt to address this in his complete report. MOTION: of Erickson, seconded by Humphrey, authorizing removal of some speed bumps on 126th Street and Diamond Path, between Pilot Knob Road and Johnny Cake Ridge Road, as deemed appropriate by Staff, and continue traffic monitoring, Police patrol and completion of the traffic study. 126TH/DIAMOND PATH SPEED BUMP REMOVAL CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 7 Councilmember Goodwin reminded everyone that the action to install speed bumps was extremely drastic and the Council has never done it previously, but the traffic volume was nearly 6,000 vehicles per day. The inconvenience factor has increased travel time on the street three to four minutes each way. He asked what information is available on damage to vehicles by speed bumps? Mr. Gretz said studies on this type of speed bump have not shown any damage attributable to them. Pablo Montanez, 12758 Diamond Path, asked Mr. VanWormer what his opinion is on cul de sacing the street, Mr. VanWormer said he will be including that in his long term report; maintenance issues, traffic patterns and emergency access all have to be considered. Jim Hughes, 5221 West 128th Street, questioned whether speed increases on a straight street and whether a cul de sac would limit that. He said Linda Doyle, 5456 West 128th Street, could not be here, but asked him to comment on' her son being nearly hit by a vehicle. Mayor Holton said the actions being considered now are temporary. When the traffic study is completed, there will be further review; most likely at the last meeting in July. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed his report dated June 20, 1991, on consideration SOUTHPORT of a drive-thru facility in a multi-tenant building at Southport DRIVE-THRU Centre. The Council received a memo dated June 19, 1991, from the FACILITY City Attorney concerning an interpretation on the zoning/conditional use question advising that it is within the Council's authority to make the determination. Bill McHale, of Ryan Construction, was present and showed alternative layouts for the site on Lot 3. He said the preferred layout has head-in parking on the north side of the building and moves the driveway access to the interior circulation road farther north. Some parking spaces are lost, but the number is still beyond that required. Councilmember Sterling questioned the turning radius used in the design for the exit and whether garbage trucks can get to the back of the building. Dick Koppy, Engineer for Ryan Construction, said a 30-foot radius is shown which can be maneuvered by a pickup truck. Mr. Kelley said the space is adequate for garbage pickup and a right turn out access is provided at the southeast corner of the lot. This access is approximately 60 feet from the Cedar Avenue driveway entrance. Councilmember Erickson said he is still concerned about traffic circulating around a multi-tenant building. Mr. Kelley said the site has been reviewed and there is no alternative. CITY OF APPLE VALLEY Dakota County, Minnesota June 20, 1991 Page 8 MOTION: of Humphrey, seconded by Goodwin, making a determination that a conditional use permit is required to allow a drive-thru facility for a Class II restaurant in Planned Development Designation No. 244, Subzone 2, (Lot 3, Block 1, Southport Centre). DRIVE-THRU CONDITIONL USE DETERMINATION Councilmember Humphrey asked what remedies there are if a conditional use permit is violated? Mr. Welsch said the property owner would be notified of the violation and, if it is not corrected, a revocation hearing conducted. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Erickson). MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-142 granting a conditional use permit for a Class II restaurant drive-thru facility on Lot 3, Block 1, South- port Centre, in conformance with the site plan shown with head-in parking on the north side of the building. Ayes - 4 - Nays - 1 (Erickson). RES. 1991-142 SOUTHPORT CONDITIONAL USE PERMIT Mr. Kelley reviewed his memo dated June 20, 1991, concerning the re- EAST VALLEY quest to revise exterior building materials for a car wash at East PLAZA CAR WAS Valley Plaza. The conditional use permit lapsed in December of 1990, because the plat was not filed, and a different builder is now involved. He showed a sample of the pre-cast material proposed. MOTION: of Sterling, seconded by Erickson, adopting Resolution No. 1991-143 approving a conditional use permit for alternate building materials and issuance of a building permit for a car wash on Lot 1, Block 1, East Valley Plaza 2nd Addi- tion; and raauthorizing, for six months, Resolution No. 1989-285 granting the conditional use permit for a car wash. Ayes - 5 - Nays - 0. RES. 1991-143 EAST VALLEY CONDITIONAL USE PERMITS The Council received Mr. Gretz's memo dated June 12, 1991, concerning T.H. 77 the cost eetimate of $27,000 for pathway along the north side of T.H. PATHWAY COST~ 77 between Galaxie Avenue and Johnny Cake Ridge Road. Councilmember Sterling said she would like to have the section from Galaxie to Foliage installed this year if possible. Mr. Gretz said residents north of Galaxte have also requested extension of the pathway to their area, estimated to cost $22,000. For that reason he would suggest the entire construction, of $49,000, be budgeted for 1992. Boulevard along the north side of T.H. 77 has now been mowed and can be traveled even though there is no path. The Council concurred with including this in the 1992 budget. The Council received a memo dated June 17, 1991, from the Cable TV Committee recommending that any new City facilities be wired for cable broadcast and data communications. The Council concurred that this be taken into consideration in any new construction. CABLE TV WIRING CITY OFAPPLEVALLEY Dakota County, Minnesota June 20, 1991 Page 9 MOTION: of Goodwin, seconded by Sterling, authorizing a letter of HOCKEY ASSN. commitment to Apple Valley Hockey Association, for use in BUILDING SITE its fund raising efforts, as described in the Parks & COMMITMENT Recreation Director's memo dated June 17, 1991, to allow construction of an ice arena type building in Hayes Park, subject to City approval of all plans and donation of any such building to the City after completion. Ayes - 5 - Nays - 0. The Council received Mr. Weldon's memo dated June 7, 1991, concerning CONSOLIDATED consolidated dispatch services with other Dakota County governmental DISPATCH units. Mr. Weldon said a report of the subcommittee studying the SERVICES feasibility is expected in late July. The Council discussed effects of new technology on these services and expressed an interest in exploring the consolidation potential of all or some of the dispatching services within the County. The Council received the City Administrator's memo dated June 11, SKIPPER'S SITE 1991, concerning new developments in the Skipper's site at the corner APPRAISALS of County Road 42 and Cedar Avenue. The Council expressed some con- DISCUSSION cern about acquiring property and asked about alternatives. Mr. Welsch said he has received some calls from developers about the corner and the property ownership. Many of them don't want to get into the packaging business and have an interest in the full site. The City may need to do something to make sure all the owners can work together to make the site marketable. Mayor Holton asked for further discussion at the July 18, 1991, informal meeting. Councilmember Humphrey commented on the Special Olympics taking place SPECIAL during July. Apple Valley has been assigned the Venezuelan athletes OLYMPICS and will be organizing a cheering section for them. Buses will leave from Apple Valley Community Center on July 25, 1991, to take spectators to the team handball competition. T-shirts are being purchased and will be sold as a fund-raiser. Donations are also being accepted. MOTION: of Sterling, seconded by Erickson, to pay the claims and bills, check register dated June 12, 1991, in the amount of $1,272,869.23; and check register dated June 19, 1991, in the amount of $2,359,100.09. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:21 o'clock p.m.