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HomeMy WebLinkAbout11/09/1989CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9th, 1989, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Goodwin, Holton, Humphrey and Savanick. ABSENT: None. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, Associate Planner Hickok, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Police Chief Rivers and Community Development Director Welsch. Mayor Branning 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 Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA OCT. 26, 1989 MINUTES AAA SAFETY AWARD AUDIENCE DISCN. CONSENT AGENDA RES. 1989-246 TAKE BIDS TOWING CONTRACT RES. 1989-247 PUBLIC HEARING ON-SALE LICENSES MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of October 26th, 1989, as written. Ayes - 4 - Nays ~ 0 (Savanick Abstained). Police Chief Rivers presented the Council with the AAA Pedestrian Safety Award which he received, on behalf of the City, November 2, 1989. He noted that Apple Valley has received this award for 19 of the 20 years that the City has been in existence. Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Humphrey, seconded by Goodwin, adding award of the contract for Liquor Store No. 1 Interior Construction to the consent agenda and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-246 approving specifications for Towing and Impounding Vehicles for 1990-91 and authorizing advertising for bids to be received at 2:00 p.m. on November 29, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-247 setting a public hearing, at 8:00 p.m., on December 7, 1989, to consider applications for renewal, for the year 1990, of On-Sale Liquor and 3.2 Beer Licenses in the City. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 2 MOTION: of Humphrey, seconded by Goodwin, approving a Christmas Tree Sales Lot License for Bill Brabec, at Oxboro Cleaners, 980 Garden View Drive. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving 1989 a License to Operate a Filling Station and a Cigarette Sales License for Cenex Ltd., at 15050 Galaxie Avenue. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving a one-year extension of the final plat approval for Apple Valley Apartments (at the southwest corner of 140th Street and County Road 11 ) until December 1, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 3 to the contract with MoNamara Contracting for Project 85- 225, 153rd and Galaxie Improvements, in the amount of a $416,712.00 deduction. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting for Project 83- 13, 149th and Granada Parking Lot Improvements, in the amount of an additional $25,135.95. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting for Project 83- 13, 149th and Granada Parking Lot Improvements, in the amount of an additional $25,049.48. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-248 approving the 1990 pay scales for non-affiliated employees, with an increase of approximately four percent, and uniform allowances and group insurance contributions, effective December 30, 1989. Ayes - 5 - Nays ~ O. MOTION: of Humphrey, seconded by Goodwin, approving a salary adjustment for the City Administrator, effective November 16, 1989, setting his base annual salary at $66,040, and a four percent cost of living increase effective December 30, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving the transfer of Mike Johnston from Liquor Head Clerk to Maintenance I in the Utilities Division effective November 6, 1989. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving promotion of Kathy Stricker from Parttime Head Clerk to Assistant Store Manager in the Liquor Department effective November 10, 1989. Ayes - 5 - Nays - 0. BRABEC CHRISTMAS TREE LICENSE CENEX LICENSES A.V. APARTMENTS PLAT EXTENSION CHANGE ORDER 3 PROJ. 85-225 CHANGE ORDER 1 PROJ. 83-13 CHANGE ORDER 2 PROJ. 83-13 RES. 1989-248 1990 SALARY PLAN ADMINISTRATOR SALARY ADJUSTMT. JOHNSTON TRF. TO UTILITIES PROMOTE STRICKER LIO. ASST. MGR. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 3 MOTION: of Humphrey, seconded by Goodwin, approving hiring the parttime employee listed in the Personnel Director's memo dated November 9, 1989. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEE RES. 1989-249 AWARD LIQUOR INTERIOR CONT. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1989-249 awarding the contract for Interior Construction of Liquor Store No. 1 to Parkos Construction, the low bidder, in the amount of $184,200, and accepting Alternates 1, 2, 3 and 4 for a total contract of $216,200. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mayor Branning called the public hearing to order at 8:06 p.m. to PUBLIC HEARING consider vacating easements on Lot 5, Block 1, The Oaks of Apple OAKS EASEMENT Valley III, and The Oaks Replat, and noted receipt of the affidavit VACATION of publication of the hearing notice. Mr. Kelley said The Oaks Replat, replatted Lots 3 and 4, Block 1, The Oaks of Apple Valley III and necessitated relocation of the easements along the side lot lines. The old easements are no longer needed. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:07 p.m. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 250 completing vacation of the drainage and utility easements lying over Lot 1, Block 1, The Oaks Replat; and Lot 5, Block 1, The Oaks of Apple Valley III, and authorizing recording the documents with Dakota County. Ayes - 5 - Nays - 0. RES. 1989-250 VACATE EASEMT. OAKS III & REPLT Mayor Branning called the public hearing to order at 8:08 p.m. to PUBLIC HEARING consider 1989 Special Assessment Roils 260, 261 and 262 for utility THE WOODS and street improvements in The Woods Additions, and noted receipt of ASSESSMENTS the affidavit of publication of the hearing notice. The City Clerk reviewed the assessments of $311,464 for utilities and $138,853 for streets. The costs were divided equally to all 28 lotsexcept the additional cost for larger water service lines which were requested by some of the property owners. Those properties which have not connected to utilities are eligible for up to a 15-year deferment. At this time $200,150 is being deferred. The Council received one written objection to the assessments; a letter from Patricia Christenson, 12795 Dory Avenue, for Lot 2, Block 2, The Woods 2nd Addition. The Mayor asked for questions or comments from the public and the Council. There were none and the hearing was declared closed at 8:10 p.m. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989~ 251 approving 1989 Special Assessment Rolls 260, 261 and 262, in the total amount of $450,317, and directing their certification to the Dakota County Auditor for collection. Ayes - 5 - Nays - O. RES. 1989-251 ASSMT. ROLLS 260, 261 & 262 Mr. Kelley reviewed the proposed plat for 31 single family lots, by J.V. Development, located south of County Road 38 at the Rosemount border. It was tabled at the October 26, 1989, meeting to consider J.V. DEVELOPMENT & WOODS ROAD CONNECTION CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 4 road access to the south. He showed a layout of two possible alignments which would connect Denmark Avenue, in The Woods, to the new extension of Dover Drive. The Council received a petition dated November 3, 1989, signed by residents of The Woods opposing the road connection. MOTION: of Goodwin, seconded by Holton, approving the preliminary plat of J.V. Development, as recommended by the Planning Commission, except including a road connection to The Woods shown as Alignment No. 2. J.V. DEVELOPMENT PLAT WITH ROAD ALIGNMENT #2 Councilmember Holton said the intent is to provide a connection between the neighborhoods, not make a major street through the area, and Alignment No. 2 does that. Mayor Branning said the Council's policy, for years has been to make connections between neighborhoods where physically feasible. Some older areas originally did not have connections and caused problems and concern with emergency accoss as well as ease of traveling between areas. Councilmember Goodwin said The Woods plats always showed the right-of-way and it was intended to connect to the north. This is consistent with two other projects.the Council has approved in the past year; Garrett Avenue and 132nd/Georgia Drive. Jim Frisbee, 4690 West 129th Street, said he developed the property. The outlots were put in as afterthoughts; as possible future access for installing utilities. It had been considered making them easements rather than outlots. The corners on the streets are very sharp and the backgrades are steep. The area was designed to keep traffic down and intentionally control it. He doesn't object to the develop- ment, but he does object to the road connection. It would be used as the main route to Rosemount. Everyone in The Woods has signed the petition opposing it. Mayor Branning read paragraph 6 from the original development agreement for The Woods with the Town Board. It said the outlots shall be reserved for roads and not for any other purpose. Dayton Daberkow, 12674 Denmark Avenue, said his lot abuts tho outlot and he knew there was an easement, but understood it would not be used for a road. He maintains the outlot and it is used as a play area by the children. Gene McCarthy, 4680 West 128th Street, said additional traffic, from the new development through The Woods, would have to get onto Diamond Path. This is already a dangerous intersection. Bob Berkopec, 12634 Driftwood Lane, said he lives in the new development west of the proposed J.V. Development. Without another road access to the south, the only access for this area is to County Road 38 which raises a safety question for his neighborhood. Councilmember Savanick said she is concerned about creating another Pennock Avenue. Students in the area will all attend Rosemount High School and this would be the most direct route to Rosemount. The roads in The Woods were not designed for that type of traffic. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 5 Councilmember Humphrey said a connection is shown going south from Denmark Avenue also; are there any plans for that area? Mr. Kelley said it is zoned Agriculture and designated low density residential. The topography is very severe and may only be able to accommodate a cul de sac off that outlot. Fritz Dolejs, 12756 Denmark Avenue, suggested a traffic count be taken on Diamond Path to determine how many vehicles would use this access. He asked what the design of the roads in The Woods is? Mr. Gordon said almost any residential street could handle 3,000 cars per day without traffic backing up. The curves in this area are very sharp and it is narrower than other residential streets. Sharon Stewart, 12887 Dory Avenue, said she believes residents from Hunters Ridge and Huntington will also use the connection because it is so difficult to get onto Pilot Knob Road and it will be worse when it is widened to four lanes. Randy Erickson, of This Week News, asked if County Road 38 to South Robert Trail isn't a more direct route into Rosemount? Councilmember Goodwin said he believes it is and the road connection would add a minimal amount of traffic which would be neighborhood traffic. Mary Olson, 12790 Dory Avenue, said she has lived there for 16 years and the children from that area driving to school all take Diamond Path. As more development occurs, there will be more traffic. Jean Smith, 4670 West 129th Street, said there are no sidewalks and the children walk in the street to the bus stop. Strangers coming through the area will not know where the children are like those who live there do. Councilmember Goodwin said when street improvements were discussed, the streets were made narrower to preserve trees and it was acknowledged there would not be sidewalks. Rudy Olson, 12790 Dory Avenue, asked that the City have a safety officer look at the curve coming in from Diamond Path and determine if that is a safe access. Gordon Bohn, 12725 Dory Avenue, said it is not an ordinance requiring this connection but the opinion of the Council. The opinion of the people who live there should make a difference. Councilmember Holton said neighborhoods have to be interconnected for access to parks and to prevent long dead end cul de sacs. Mr. Kelley read the section of the Subdivision Ordinance prohibiting cul de sacs longer than 900 feet or with more than 15 units. Councilmember Savanick said if another access is needed, the southern end makes more sense. Development of that area will probably not be too far off. Earl Vraa, of J.V. Development, said that is a good point. The road could go farther east and connect to Diamond Path. Councilmember Goodwin said he would be willing to consider a sidewalk or pathway if necessary for safety. Ms. Stewart said she asked about a path in her area, where children walk to the bus, when the streets were improved. She was told it would be extremely icy in winter because of the topography. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 6 Mr. McCarthy said this area preceded all of the others being developed and was planned to be private and should be allowed. He related information about accidents at the Diamond Path intersection. Councilmember Savanick said she normally agrees that streets should be connected, but is opposed to it in this situation because of the way the street is constructed and it's too similar to Pennock Avenue. Councilmember Goodwtn said it is very different; Pennock originates in a commercial area. Earl Vraa said if necessary, this item could be tabled again to look at access to the south. Mr. Frisbee said it would take a deep trench through the outlot to get the correct grade for access to the south and probably require additional right-of- way. That access would not be realistic. It was designed as a private neighbor- hood and should stay that way. They do not want extra traffic, loss of privacy or to subject their children to extra traffic. Mr. Olson said the City has an obligation to make the street safe if a connection is going to be made. Mrs. Olson said the topography of the area is unique with steep hills. Councilmember Humphrey said he is concerned about the width of the road and would like to look at it. Mayor Branning said if the connection is made, the City will try to make it as safe as possible. He asked why the connection to Diamond Path is a "gooseneck" design? Mr. Gordon said because there is about a 20 foot drop to Diamond Path. Mr. Frisbee said the only access to that original 40-acre tract was 200 feet on Diamond Path and the County required a 90-degree intersection. Mayor Branning asked that an engineering solution to the problem be considered. MOTION: of Savanick, seconded by Humphrey, tabling the item for two weeks for further review of the topography of the area. TABLE MOTION Ms. Stewart asked when Diamond Path will be widened. Mr. Gretz said he did not know; it is not in the County Capital Improvements Program for the next five years. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, authorizing the City Administrator to send the letter, as drafted, to the Minnesota Valley Humane Society, in reply to its letter of October 31, 1989, as to the status of funding for 1990, stating that funding would not be available because the City's revenue has been reduced by the new tax law and future funding depends on commitment for a specific project by the Humane Society and funding by other cities in the County. HUMANE SOCIETY FUNDING REQUEST Mayor Branning said the Council has received a number of pieces of correspondence supporting the Humane Society and he would like it known that they have been read. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 7 The Council received a memo dated November 7, 1989, from the City TREE PLANTING Administrator concerning availability of certain trees for reforesta- tion. The 250 trees are too large for the purposes of the nursery that owns them and would be available to the City for $20.00 per tree plus transplanting costs of $100.00 per tree. He noted that a complete reforestation program for the City could involve 10,000 trees, but at this time 150 could be used in the Carrollton Park/Armory Site and 75 in Huntington Park. Councilmember Humphrey asked if any organizations had been contacted to assist in funding? Mr. Melena said not for this, but it will be explored for structures in the park. MOTION: of Goodwin, seconded by Holton, authorizing expenditure of up to $30,000 for transplanting 250 trees, as described in the City Administrator's memo dated November 7, 1989, with the cost split one-third from the Armory Fund and two-thirds from the Capital Improvements Project Fund. Ayes - 5 - Nays - 0. AUTHORIZE ARMORY HUNTINGTON PARK TREE PLANTING ORDINANCE 466 GASOLINE PUMP ISLAND SIGNS AMEND MOTION MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 466 adding Section 6-107(h) to the City Code providing for two signs on gasoline pump island canopies, not to exceed 20 square feet each, and other conditions. MOTION: of Holton, seconded by Branning, amending the above motion by further restricting each sign to a maximum length of 10 feet. Ayes - 4 -Nays - 1 (Humphrey). Vote was taken on the motion as amended. Ayes - 4 - Nays - 1 (Savanick). Mr. Welsch reviewed his memo dated November 6, 1989, concerning amendments to on-site residential parking requirements. Version 1 is the same document the Council reviewed on October 12, 1989. Version 2 was recommended by Councilmembers Goodwin and Holton after reviewing parking conditions throughout the community. RESIDENTIAL PARKING REFER PARKING TO ORBAN AFFAIRS MOTION: of Humphrey, seconded by Savanick, referring amendments to the on-site residential parking requirements back to the Urban Affairs Committee for further consideration of non- motorized vehicle parking and surfacing. Councilmember Goodwin said, after driving around the community, he saw many instances where there are parking problems. The biggest concerns are the number of vehicles and where they are parked. He doesn't believe having a graveled surfaced parking area solves anything. Councilmember Holton agreed. Mayor Branning said he doesn't believe it is necessary for the Urban Affairs Committee to hold a public hearing on the matter and if one is needed, it could be held jointly with the Council. Councilmember Savanick said she doesn't believe either draft addresses the problem and asked whether a questionnaire in the newsletter might help solicit feedback. Vote was taken on the motion. Ayes - 4 - Nays - 0 (Holton Abstained). CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 1989 Page 8 MOTION: of Humphrey, seconded by Goodwin, directing the Urban Affairs Committee to consider an ordinance restricting the use of fertilizers, soaps, detorgents, etc., around Lac Lavon and controlling run-off of such pollutants into the lake. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, to pay the claims and bills, checks numbered 72163 through 72213, 72215 through 72269, 72272 through 72304, 72313 through 72417, 72419 through 72422 and 72424 through 72432, in the total amount of $12,757,435.57. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 10:20 o'clock p.m. REFER CONTROL OF LAKE POLLUTANTS TO URBAN AFFAIRS CLAIMS & BILLS