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HomeMy WebLinkAbout11/22/1988CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 22nd, 1988, 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 Arrow. ney Sheldon, Project Engineer Aune, Personnel Director Boland, City Engineer Gordon, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant Administrator Lawell, Associate Planner McMonigal, Police Chief Rivers and Planning & 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 minutes of the regular meeting of November 10th, 1988, as written. Ayes - 5 - Nays - 0. NOV. 10, 1988 MINUTES AUDIENCE DISCN. APPROVE AGENDA CONSENT AGENDA RES. 1988-213 SET LIQUOR RENEWAL HEARING RES. 1988-214 REVISE EMERGENCY OPER. PLAN USE OF UNCLAIMED PROPERTY 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 Holton, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, removing government center permit fees to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 213 setting a public hearing at 8:00 p.m. on December 15, 1988, on 1989 on-sale liquor license renewals for Rich Mgr., Inc.; DVH, INC.; Cedar Valley, Inc; and Apple Valley American Legion Post 1776. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 214 approving a revised Emergency Operations Plan for the City and replacing the 1986 plan adopted by Resolution No. 1986-95. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving transfer of unclaimed property, as listed in the Police Chief's memo dated November 15, 1988, for use in various City departments. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 2 MOTION: of Holton,. seconded by Goodwin, approving implementation of an office paper recycling program, effective November 28, 1988, as described in the Assistant Administrator's memo dated November 18, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a special use permit for Christmas Tree Sales for Patrick Richter, at Apple Valley Shopping Center, 7570 West 149th Street, from November 25 through December 25, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a special use permit for Christmas Tree Sales for Apple Valley Jaycees, at First Bank Apple Valley, 15025 Garrett Avenue, from November 20 through December 10, 1988. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving 1988 Filling Station and Cigarette Sales Licenses for Kwik Trip, Inc., at 220 County Road 42. Ayes - 5 - Nays ~ O. MOTION: of Holton, seconded by Goodwin, approving issuance of a gambling license by the Minnesota Charitable Gambling Control Board for the Rotary Club of Apple Valley at Apple Place, 14917 Garrett Avenue, and waiving the 60-day waiting period for approval. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, authoriming installation of street lights at the intersections of 140th and 138th Streets and at 140th Street and Holyoke Lane. Ayes - 5 ~ Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 215 designating John Gretz as the Project Representative for the Alimagnet Lake Diagnostic - Feasibility Project proposed Clean Water Partnership Phase I - Project Development Grant and authorizing submitting the application to the Minnesota Pollution Control Agency. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 216 designating snowmobile trails on the east side of Galaxie Avenue from 145th Street to County Road 42 and on the east side of Johnny Cake Ridge Road between County Road 42 and the Eagan boundary until Spring of 1989. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, accepting Project 88-288, City Hall Remodeling, as final and authorizing final payment on the contract with Reynolds Construction in the amount of $6,383.30. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, setting an informal meeting with the Planning Commission at 6:00 p.m. on November 29, 1988, at City Hall to discuss downtown development policies. Ayes - 5 - Nays - 0. OFFICE PAPER RECYCLING CHRISTMAS TREE PERMIT, RICHTER CHRISTMAS TREE PERMIT, JAYCEES KWIK TRIP LICENSES ROTARY CLUB GAMBLING LICENSE INSTALL STREET LIGHTS RES. 1988-215 ALIMAGNET CWPA GRANT APPLICATN RES. 1988-216 DESIGNATE SNOW- MOBILE TRAILS FINAL PAYMENT PROJ. 88-288 SET INFORMAL MEETING CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 3 MOTION: of Holton, seconded by Goodwin, approving hirimg Elaine Hammonds for the fulltime position of Clerk-Typist effective November 28, 1988, at the hourly rate of $8.00. Ayes - 5 - Nays - O. HIRE HAMMONDS CLERK-TYPIST HIRE PERSSON MAINTENANCE HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Goodwin, approving hiring Daniel Persson for the fulltime position of Maintenance Worker in Utilities effective November 28, 1988, at the hourly rate of $8.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving hiring the parttime employees as listed in the Personnel Director's memo dated November 22, 1988. Ayes - 5 -Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1988- 217 establishing 1989 uniform allowances for Police Sergeants and Dispatchers; employee group insurance benefits and seasonal/parttime employee pay rates. Ayes - 5 - Nays - O. RES. 1988-217 GROUP INSURANCE SEASONAL PAY RATES, ETC. END OF CONSENT AGENDA MOTION: of Savanick, seconded by Humphrey, adjusting building permit fees for the Western County Government Center to collect only all pass through charges and estimated actual City costs, as described in the Public Works Director's memo dated November 9, 1988, resulting in a reduction of $55,431.00, from $126,766.00 to $71,335.00. GOVERNMENT CTR. BUILDING PERMIT FEE ADJUSTMENT Councilmember Savanick noted that total building permit fees amount to a considerable sum and should be taken into account before considering the addition of park dedication charges on commercial buildings. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, supporting the Governor's proclamation of November 24, 1988, as Thanksgiving Day and encouraging citizens to contribute food, money, time and talents to foodshelves and volunteer efforts to aid the less fortunate. Ayes - 5 - Nays - 0. THANKSGIVING PROCLAMATION Mr. Melena said staff met with residents of the Pennock area November PENNOCK TRAFFIC 16th to discuss traffic concerns. Mr. Welsch summarized the issues DISCUSSION discussed, as contained in his memo dated November 18, 1988. The staff recommendations are contained in his memo dated November 10, 1988, and are not intended as separate items, but need to work together; they are listed as, alternates 7, 8, 12, 4 and 2. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 4 MOTION: of Humphrey, seconded by Holton, accepting the staff recommendation on Pennock Avenue, contained in the Planning & Development Director's memo dated November 10, 1988: Alternates 7 - uniform speed limit standards with 25 mph speed limit between 138th and 140th Streets; 8 - better signage at Zoo Road and Cedar Avenuo; 12 - driver education on alternate routes to downtown; 4 - signalize 153rd Street and Cedar Avenue intersection; and 2 - complete extension of Guild Avenue to 140th Street. PENNOCK TRAFFIC RECOMMENDATION Councilmember Goodwin asked what the County's position on a signal at 138th and Cedar is? Mr. Gretz said the intersection has not been wired for a signal and the County is not planning to install any. Mr. Melena said if a signal is not going to be installed, an acceleration lane, on Cedar, for southbound traffic should be discussed. Councilmember Holton asked how many accidents there have been at 138th and Cedar? Police Chief Rivers said he would have to get the statistics, but there have been very few. He said the problem with trying to signalize the intersection is lack of stacking space on Cedar for vehicles waiting to make left turns. Mayor Branning said the State Highway Department should be asked to look at the design of the hill on Cedar. When the road was constructed, the State finished its section as freeway and did not provide for continuity onto City streets. Councilmember Holton said he disagrees with Alternate 7 of the recommendation; it may not be necessary for the speed limit to be 30 mph on Pennock between County Road 42 and 140th Street. Mr. Melena said the State's speed limit study will be completed in about two weeks and the City will receive the recommendation. Councilmember Goodwin said the residents' recommendations included requests for stop signs. Installing stop signs where they are not warranted creates a hazard and a false sense of security for pedestrians because vehicles will not stop. It also exposes the City to potential liability. Joe Sutila, 13880 Pennock, said he is not satisfied with the recommendations. Some of the alternates address problems miles away or will not be done until 1989 or 1990. In the last two months, 25 mail boxes have been demolished. He would like Alternates 13 and 15 (installing speed bumps and creating a cul de sac on the north end of Pennock at 138th Street) included. Curtis Marks, 13370 Pennock, said the recommendations do not address the speeding problem in his area and he would like to have stop signs to control it. Mayor Branning said no street in the City has been studied more than Pennock. A report has been done showing most traffic travels at 35 mph because of the type of street it is. He agreed there is a problem in the area between 138th and 140th Streets, but stop signs are not the answer. A resident said the major problem has been identified; 138th and Cedar. Making that intersection safe would alleviate much of the problem. People who built in the area CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 5 before the Oaks was developed could not know what the traffic patterns would become. Mayor Branning said development has not increased traffic in the area from what was originally planned. The curvelinear street design and incomplete street system are the problems. Councilmember Holton said the capacity of a residential street is 4,000 cars per day. Even though Pennock carries more traffic than some other streets, 2,000 cars per day is not in excess of the design. The traffic is something that has to be put up with until the rest of tho system develops. Councilmember Goodwin said he was advised that the Comprehensive Plan showed Pennock Avenue planned for 6,000 cars per day. Construction of Guild Avenue will help as an alternate, but not eliminate the problem. A resident asked why the signal at 140th and Cedar does not have a turn arrow for traffic on 140th Street? Mayor Branning said that question should be included in a request for the State and County Highway Departments. Gary Shade, 15989 Garden View Drive, said Pennock is not the only street that has problems with traffic. He has lost mailboxes and a hydrant was hit because cars are traveling too fast around the curve on Garden View. He is now installing landscape boulders in his yard. Gayle Jackson, 13705 Pennock, said she has put up her mail box three times. She lives on a straight stretch of road and cars hit it. Councilmember Goodwin said various areas of the City have had this problem at different times. There are a lot of young drivers in the City contributing to the problem. A resident asked where the liability lies when the City has a poorly designed stretch of road? Mr. Sheldon said there are concerns about liability for all kinds of problems and it depends on the circumstances of a particular case. If there is a significant problem which the Council knows about and does not address, that is different. Putting stop signs where they are not required would create a liability. Councilmember Humphrey said putting a three-way stop sign at 134th and Pennock would be a liability if it does not meet the warrants and cars do not stop. Diverting traffic from this area would create concerns in other neighborhoods. Councilmember Savanick asked when Guild Avenue could be constructed? Mr. Gretz said it could be done in 1989. The developer will dedicate the right-of-way and allow the street to be constructed subject to deferring assessments until the property develops. Mr. Sutila said he would like to try temporarily closing Pennock to see what happens. Mike Thomas, 13875 Pennock, said he would like a stop sign to slow traffic. He has asked the Police Chief to tag drivers for careless driving when they are traveling faster than 30 mph and was told that cannot be done. Anyone hitting a mail box or driving on a lawn should be tagged for careless driving. MOTION: of Holton, seconded by Goodwin, amending the motion by AMEND MOTION deleting the first sentence in Alternate 7 (reference to 30 mph speed limit) and directing Staff to request the State and CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 6 County Highway Departments to review Cedar Avenue design south of the Zoo Road, the 138th and Cedar intersection and consider installing an acceleration lane, and a turn arrow at 140th and Cedar. Ayes - 5 - Nays~ 0. AMEND MOTION Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing submitting a Comprehensive Plan amendment, amending the land use from DIII (mixed residential) to CH (church), to the Metropolitan Council for Christ Church property, located west of Johnny Cake Ridge Road and south of the Zoo Road, as recommended by the Planning Commission. COMP. PLAN AMENDMENT CHRIST CHURCH Mr. Kelley reviewed the Planning Commission recommendation on Christ Church. Mayor Branning questioned how an option for access to Johnny Cake would function if used by both the Church and property to the south? Mr. Kelley said it would be used as a driveway to the Church parking lot and reconstructed as a street if needed. The property to the south has alternate access, on the west, to Finch Way. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, passing Ordinance No. 426 rezoning Christ Church property, part of the Southeast Quarter of Section 14, from Agriculture to Institutional as recommended by the Planning Commission. Ayes - 5 - Nays ~ 0. ORDINANCE 426 REZONE CHRIST CHURCH PRELIMINARY PLAT CHRIST CHURCH CHRIST CHURCH VARIANCE & BUILDING PERMIT ROLLING RIDGE DEVELOPMENT MOTION: of Holton, seconded by Humphrey, approving the preliminary plat of Christ Church, as recommended by the Planning Commission, and directing preparation of a development agreement to include a 30-foot half right-of-way, continuing 100 feet along the south property line, for a future street and allowing driveway use on the right-of-way until a street is constructed. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing issuance of a building permit for Christ Church and granting a variance to parking setbacks on the north property line, subject to a revised plan for the parking lot, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, rezoning the Rolling Ridge property, part of the Northeast Quarter of Section 25, (west of Diamond Path Elementary School) from Institutional to R- lC, as recommended by the Planning Commission. Mr. Kelley reviewed the Planning Commission recommendation on Rolling Ridge. Pathway connection will be provided on the pipeline easement and can be extended to existing lots on the west if the property owners agree. Sidewalk is proposed on both sides of 144th Street in the plat and on the south side only on land the School District is retaining. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 7 Mayor Branning questioned allowing the plat with no north-south access. Councilmember Humphrey asked what a road connection through the park to 142nd Street would do? Mr. Johnson said it would make two smaller parks and involve relocating the ballfield and redesigning the parks to accommodate it. The let on the south side of 142nd Street, which would abut a road, is occupied. Councilmember Goodwin said Lots 6 and 7, Block 1, could be left open for future extension of 143rd Street to the east. Rick Packer, of Sienna Corporation, said he has no problem with leaving a stub street to the east, but it does not solve the north-south access concern. Mayor Branning said he would like to retain an option to put a street through the park to the north. MOTION: of Humphrey, seconded by Goodwin, tabling consideration of Rolling Ridge for two weeks to review street accesses. Ayes - 5 - Nays - 0. TABLE ROLLING RIDGE BIEWALD BUILDING PERMIT & SIGN VARIANCE RODEO HILLS STREET NAMES ORDINANCE 427 STAR CABLE TV AMENDMENT SUPERAMERICA PERMIT EXTENSION AMEND EXTENSION SUPERAMERICA MOTION: of Humphrey, seconded by Goodwin, authorizing issuance of a building permit for an office building on Lot 1, Block 1, Biewald 1st Addition; subject to removing existing farmstead and driveway to Cedar Avenue, relocating the trash enclosure to the north side of the building and filing final plat prior to occupancy; and granting a variance allowing two ground signs and no building signs as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, requiring street names in RoDeo Hills subdivision to adhere to the Dakota County street naming and numbering system subject to approval by Staff. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Holton, passing Ordinance No. 427 amending Article C2 of the City Code to provide for the change in ownership of the cable television franchise by Star Mid-America IV, Inc. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Humphrey, granting a one-year extension of the SuperAmerica building permit and motor fuel sales conditional use permit, south of County Road 42 and east of Garrett Avenue, to expire November 12, 1989. MOTION: of Humphrey, seconded by Holton, amending the above motion by allowing a six-month extension to May 12, 1989, subject to installing two driveway accesses to the property and construction of the company's new building design with a raised roof. Ayes - 5 - Nays - 0. Vote was taken on the motion as amended. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 1988 Page 8 Doris Doom, 459 Reflection Road, was present to discuss parking around HIGH SCHOOL the High School. She said students are required to pay $20.00 for a PARKING sticker to park in the parking lot. If student parking is full and a student parks in spaces reserved for teachers, they are assessed a $5.00 fine. Second violations result in suspension from school. If parking were allowed on Hayes Road and 143rd and 144th Streets, there would be enough parking for students. The people who live on Hayes Road did not sign a petition requesting parking restrictions. Over 500 students have signed a petition to request the on-street parking. Councilmember Humphrey said the problem is not with the City Council, it the School refusing to build another parking lot. Councilmember Goodwin noted that the School is fortunate that the Hayes Field parking lot is nearby and available. Mayor Branning said the walk from the corner of the parking lot to the High School is no farther than from the parking spaces on the street. He agreed to meet Mrs. Doom some morning and walk to the School. Councilmember Holton said if cars are parked on both sides of Hayes Road, it would create a traffic problem for cars trying to get around those making turns into the High School. Councilmember Humphrey said the Park Director has discussed installing a parking lot on School property and the School Board should be contacted if students and residents want it installed. Mrs. Doom said that would not take the place of parking on Hayes Road. Councilmember Goodwin said the three-way stop at Hayes and 145th Street allows crossing from Hayes Field to the High School more safely than in the middle of the street. Mr. Melena reviewed Mr. Johnson's memo dated November 18, 1988, concerning statistics on the parking. He also noted that parking is allowed along both sides of 145th Street, but so far no one has chosen to park there. Councilmember Humphrey asked Mr. Sheldon to prepare an opinion as to MORATORIUM the conditions under which a moratorium could be applied; could it be ATTORNEY OPINION all multi-family units, those where permits have not yet been issued, etc. Mr. Sheldon said he believes it would not affect anything already before the Council, but he would need to update the research on this matter. He could have an answer prepared by December 1, 1988. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 64665 through 64760, 64762 through 64822, 64831 through 64882 and 64884 through 64960, in the total amount of $4,977,678.74. Ayes - 5 - Nays - 0. CLAIMS & BILLS MOTION: of Humphrey, seconded by Holton, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 11:25 o'clock p.m.