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HomeMy WebLinkAbout11/21/1989CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1989 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 21st, 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 Dougherty, City Engineer Gordon, Personnel Director Boland, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Building Official Miranowski, 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. Mayor Branning noted that the fourth annual holiday decoration lighting ceremony was held prior to the meeting and thanked those who were able to attend. MOTION: of Holton, seconded by Humphrey, approving the agenda for APPROVE AGENDA tonight's meeting as amended. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of November 9th, 1989, as written. Ayes - 5 - Nays - 0. NOV. 9, 1989 MINUTES LEGION DONATION RES. 1989-252 LEGION DONATION AUDIENCE DISCN. CONSENT AGENDA ZOO TEMPORARY LIQUOR LICENSE ROTARY CLUB GAMBLING LICENSE Police Chief Rivers presented the Council with a check, in the amount of $5,000, from American Legion Post 1776 for the D.A.R.E. program (Drug Abuse Resistance Education). MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 252 accepting the donation of $5,000 from Apple Valley American Legion Post 1776 for the D.A.R.E. program and thanking them for their generosity Ayes - 5 - Nays - 0. 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 Goodwin, seconded by Holton, approving all items on the consent agenda with no exceptions. Ayes - 5 ~ Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Holton, approving issuance of a temporary on-sale liquor license by Minnesota Liquor Control Division to the Minnesota Zoo on December 10, 1989. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving renewal of a gamb- ling license, by the Minnesota Charitable Gambling Control Board, for the Rotary Club of Apple Valley at Apple Place Bowl, 14917 Garrett Avenue, and waiving the Board's 60-day waiting period for approval. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1989 Page 2 MOTION: of Goodwin, seconded by Holton, approving a Christmas Tree Sales Lot License for the Apple Valley Jaycees at First Bank, 15025 Garrett Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a Christmas Tree Sales Lot License for Christus Victor Lutheran Church at 7510 Palomino Drive. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving a special use permit for Fabian Seafood at George's Market, 220 County Road 42, from August 28, 1989, to August 27, 1990. Ayes - 5 - Nay~ - 0. MOTION: of Goodwin, seconded by Holton, granting a variance to the building materials requirements in an industrial zone for a 9~ by 24' metal building for Williams Pipeline, on part of the Southwest Quarter of Section 26, as recommended by the Planning Commission. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Holton, approving Change Order No. 6 to the contract with Lovering Associates for Project 85-236, Water Treatment Facility, in the amount of an additional $6,635.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 253 authorizing installation of various stop signs as shown on the exhibits attached. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving an upgrade to the tenant improvements for Liquor Store No. 1 relocation in the amount of an additional $24,295.00 as described in the Assistant City Administrator's memo dated November 17, 1989. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 254 authorizing appeal of the Commissioner's award of damages for acquisition of Eleanor C. Petter property for storm water ponding. Ayes ~ 5 ~ Nays - 0. MOTION: of Goodwin, seconded by Holton, approving renewal, for 1990, of the Joint Powers Agreement for the South Metro Task Force and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, directing the Engineer to prepare plans and specifications for storm sewer improvements in connection with County Road 38 construction between Pilot Knob and Johnny Cake Ridge Roads. Ayes - 5 - Nays - 0. JAYCEE CHRISTMAS TREE LICENSE CHRISTUS VICTOR. TREE LICENSE FABIAN SPECIAL USE PERMIT BLDG. VARIANCE WMS. PIPELINE CHANGE ORDER 6 PROJ. 85~236 RES. 1989-253 STOP SIGNS LIQUOR STORE 1 ADD IMPROVEMENTS RES. 1989-254 APPEAL PETTER CONDEMNATION RENEW S. METRO TASK FORCE CR 38 STORM SEWER PLANS CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1989 Page 3 MOTION: of Goodwin, seconded by Holton, directing the Engineer to prepare plans and specifications for parking lot improvements and corrective site work at Fire Station No. 1. Ayes - 5 - Nays - O. FIRE STN 1 PARK- ING LOT PLANS RES. 1989-255 FINAL PLAT NORDIC 6TH 2ND RES. 1989-256 VALLEYWOOD 5-YEAR C.I.P. 1990 FLEXi ACCT. AGREEMENT GROUP LIFE INS. COVERAGE GROUP DENTAL INS. COVERAGE HIRE PARTTIME EMPLOYEES MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 19894 255 approving the final plat of Nordic Woods Sixth 2nd Addition, a replat of Lots 24 and 25, Block 2, Nordic Woods Sixth Addition, and authorizing the Mayer and Clerk to sign the same. Ayes 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 256 approving the Five-Year Capital Improvements Program fer Valleywood Golf Course for the period 1990 to 1994. Ayes - 5 - Nays - 0. MOTION: of Goodwin, secended by Holton, approvimg renewal of the Flexible Spending Account Administrative Services Agreement with DCA, Inc., for 1990 and authorizing the Mayor and Clerk to sign the same. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving basic and supplemental group life insurance coverage with Commercial Life Insurance Company, through the LOGIS insurance group, effective January 1, 1990. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving continuation of group dental insurance coverage for 1990 with Delta Dental. Ayes ~ 5 - Nays - 0. MOTION: of Goodwin, seconded by Holton, approving hiring the parttime employees listed in the Personnel Director's memo dated November 21, 1989. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Mr. Kelley reviewed the proposed plat for 31 single family lots, by J.V. DEVELOPMENT J.V. Development, located seuth of County Road 38 at the Rosemount & WOODS ROAD border. It was tabled at the November 9, 1989, meeting to further CONNECTION consider extension of Denmark Avenue, in The Woods, to Dover Drive. The Police Department has provided summary of accident information on Dover Drive. A map showing two routes to Rosemount High School has also been prepared; one along County Road 38 and one on Diamond Path. The driving time on each is nearly the same. There were safety concerns about children waiting for buses at 129th and Diamond Path. School District transportation officials have indicated that if the road connection is made, buses would be re-routed through The Woods and into the new development and Hunters Ridge area. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1989 Page 4 Reconstructing the "gooseneck" intersection at 129th and Diamond Path was considered, but would result in a very steep grade and make the driveway to Lot t, Block 4 unusable. A connection over Outlot B, of The Woods, was reviewed. Because of the severe topographic change, it would not be feasible to construct a street there. A street connection between Denmark Avenue and Dover Drive is consistent with past policy. MOTION: of Holton, seconded by Goodwin, approving extension of Denmark Avenue, from The Woods, to connect with Dover Drive in the J.V. Development property shown as Alignment No. 2. J.V. DEVELOPMENT & WOODS ROAD CONNECTION Thomas Giardini, 4650 West 129th street, expressed concern about safety for the neighborhood and residents of the Thompson development, in Rosemount, using the connection to bypass Diamond Path. Mrs. Giardtni expressed concern about traffic coming from the east on County Road 38, and going downtown, using the connection to avoid the Pilot Knob intersection. · Councilmember Goodwin said he believes most traffic will stay on the higher speed roads rather than use a neighborhood street. Mr. Kelley said Shannon Parkway will also connect County Road 38 and Diamond Path and is scheduled to be completed next year to serve the new elementary school in Rosemount. Jim Frisbee, 4690 West 129th Street, said when 140th Street is extended, it will be the shortest route to Rosemount High School and encourage traffic to cut through The Woods. He questioned whether a school bus would be able to make the corners on the streets. Councilmember Savanick asked if a compromise would be to restrict the intersection of 129th and Diamond Path to right turns in and out only? Tom Wilkinson, 12855 Denmark Avenue, said he has five small children and there is no where for them to walk except the street. He also expressed concern about whether a school bus would be able to make the "gooseneck" turn. Mary Olson, 12790 Dory Avenue, said visibility at the corners is limited, especially in summer when the trees have leaves. Councilmember Goodwin said he had discussed installation of a partial path on the corners, which he had seen in another state. He was advised it would aid in safety, but was not necessary. Mrs. Giardini asked if an unimproved road connection over the outlot wouldn't serve the purpose of emergency access? Councilmemher Goodwin said the outlots on the plat were always intended for roads and would connect the neighborhoods. There would be some additional traffic, but there will be very limited development to the north because most of the area is golf course and regional park. Rudy Olson said the reason for putting in the connection is not for emergency purposes, but to connect neighborhoods. The people living there don't want it and the developer doesn't either. There are other exceptions in the City and this should be an exception also. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1989 Page 5 Earl Vraa, of J.V. Development, said he believes the connection would be a dangerous situation with the street coming downhill from the north. Phyllis LeMay, 4655 West 128th Street, suggested a compromise of putting a bike path on the outlet to allow people to travel back and forth between the neighborhoods. Mayor Branning asked what the width of the streets in The Woods is? Mr. Gordon said 30 feet. The Mayor said the streets in the north Apple Valley area are 28 feet wide and school buses are able to travel on those streets. He said connecting neighborhoods has been a policy in the City for 20 years and there hasn't been an exception. However, he did not vote for the street connection in front of his house and he'will not vote on this. Vote was taken on the motion. Ayes - 5 - Nays - 1 (Savanick) (Branning Abstained). MOTION: of Holton, seconded by Goodwin, approving the preliminary plat of J.V. Development, as recommended by the Planning Commission; except including a street connection (Alignment 2) and deleting an option for a connection to Rosemount; and directing preparation of a subdivision agreement. J.V. DEVELOPMENT PRELIMINARY PLAT Mrs. Olson asked what the intentions are to ensure safety on the streets? The area has no street lights and the darkness contributes to poor visibility. Councilmember Goodwin said he would support pathways on the corners as a possible solution. Mayor Branning said street lights could be put in, at the residents request. If overgrowth of vegetation at the corners is causing a site distance problem, the City will look at what can be done including requiring the property owner to maintain it. Councilmember Savanick asked that further consideration be given to the right turn in and out alternative at 129th and Diamond Path. Mrs. Olson said she, personally, has not had a problem making left turns onto Diamond Path. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Goodwin, seconded by Humphrey, directing the City Engineer to prepare a feasibility report for utility and street improvements to serve the J.V. Development property. Ayes - 4 - Nays - 1 (Savanick). J.V. DEVELOPMENT PRELIM. REPORT RES. 1989-257 NORTHSTAR CONDL. USE PERMIT MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1989- 257 approving a Conditional Use Permit for outdoor storage of materials in an Industrial zone for Northstar Waterworks, on Parcel 01-02600-011-52, (north of County Road 42 and east of Johnny Cake Ridge Road) as recommended by the Planning Commission. Ayes - 5 ~ Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 1989 Page 6 MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1989-258 authorizing issuance of a building permit for Northstar Waterworks, on Parcel 01-02600-011-52, in conformance with the site plan dated October 25, 1989, and granting a variance to allow a same color sealant to be applied to the wall surface, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. RES. 1989-258 NORTHSTAR WW BUILDING PERMIT VARIANCE MOTION: of Goodwin, seconded by Holton, adopting Resolution No. 1989- 259 amending residential land use designations in the Comprehensive Plan to "SF", "LD", "MD'~ and "HD"," as recgmmended by the Planning Commission, and submitting the amendment to the Metropolitan Council for approval. Ayes - 5 - Nays ~ O. RES. 1989-259 AMEND COMP. PLAN RESIDENTIAL DESIGNATIONS ORDINANCE 467 LIQUOR ESTAB- LISHMENT HOURS MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 467 amending Section 3-46(b)(7) of the City Code to prohibit persons from being in the premises of establishments serving alcoholic beverages between the hours of 2:00 a.m. and 5:00 a.m. Ayes - 5 - Nays - O. Mr. Melena distributed copies of the notice of the 1990 budget hear- BUDGET HEARING lng, which the City is required to publish for the December 14, 1989, & TAX ANALYSIS hearing. He also distributed a copy of the proposed advertisement explaining the reason for the increase in tho tax levy and what the actual budget increase will be. The Council concurred with the ads. Councilmember Savanick said the Regional Transit Board (RTB) is set- RTB LIAISON ting up a liaison with each City and asked who should be designated for Apple Valley. The Council agreed that Rick Kelley should be the City's liaison. MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 72441 through 72566 and 72575 through 72662, in the total amount of $9,325,268.20. Ayes ~ 5 - Nays - 0. CLAIMS & BILLS MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 9:29 o'clock p.m.