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HomeMy WebLinkAbout04/11/1991CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1991 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 11th, 1991, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Holton; Councilmembers Erickson, Goodwin and Humphrey (attended at 8:05 p.m.). ABSENT: Councilmember Sterling. City staff members present were: Assistant to Administrator Weldon, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Captain Cook, Public Works Director Gretz, Parks & Recreation Director Johnson 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 Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 3 - Nays - 0. APPROVE AGENDA Councilmember Humphrey attended at this time. The Mayor asked if any one was present to address the Council at AUDIENCE DISC. this time on any item not on this meeting's agenda. Mike McKuras, SOCCER FIELD 14426 Holiday Court, representing the Apple Valley Soccer Association, LIGHTING said they have 2,400 players in their traveling and recreational leagues and even with the fields added last year there is a need for additional facilities. He asked the Council to consider lighting Field "C" at Eastview which would allow it to be used later in the evening. The addition of fencing and bleachers would complete the facility and provide a field for tournament usage. Councilmember Goodwin said he was aware that this request was coming. All level playing space is now being used for fields. The southern athletic complex is needed, but cannot be acquired now. This kind of improvement is feasible to increase usage and, in the long run, lighting all three fields could be considered. It is less expensive than developing new fields which cost about $85,000 just to acquire the land. Lighting a field is estimated to cost $57,000. It is premature to act on the request now, but he would like further discussion at the informal meeting on April 18th. Mr. Johnson commented on the shortage of soccer fields indicated by their inventory. In addition, athletic leagues are using neighborhood parks now which are not really designed for organized activities. The Mayor concurred with further discussion on April 18th along with the CIP. MOTION: of Humphrey, seconded by Goodwin, approving all consent CONSENT AGENDA agenda items with no exceptions. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1991 Page 2 CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of March 28th, 1991, as written. Ayes - 3 - Nays - 0 (Goodwin Abstained). MOTION: of Humphrey, seconded by Goodwin, receiving the letter dated April 2, 1991, from School District 196 advising that it intends to implement parking fees of $40.00 per trimester at Apple Valley High School effective with the 1991-92 school year. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-74 requesting MnDOT to provide funding for plans for the interim third lane project on 1-35W south of 1-494 and, if the NTN Alternative is included in the EIS, supporting splitting the EIS into two portions (one portion the City of Minneapolis and the second portion south of Minneapolis) to avoid delaying the improvements. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwln, authorizing issuance of a temporary on-sale liquor license, by the Minnesota Department of Public Safety to the Minnesota Zoo for use on April 15, 1991. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of a party permit to Pamela Raiho, INS Employees Association, for a picnic at Alimagnet Park, pursuant to City Code Section 14.5(g)(1), valid on July 27, 1991, only. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwln, approving overnight parking of up to ten (10) vehicles in the north parking lot in Hayes Park on April 14, 1991, in connection with a dog show at Apple Valley Community Center on April 15, 1991. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing use of streets, as recommended by the Police Chief, on May 19, 1991, at 9:30 a.m. and 2:00 p.m. and on May 27, 1991, at 10:00 a.m. by American Legion Post 1776 for parades; and on June 8, 1991 (with alternate date of June 15, 1991) by AMNION Crisis Pregnancy Center for a fundraising walk. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-75 awarding a contract for Project 91-366, Police Outdoor Firing Range, to Imperial Developers, the low bidder, in the base bid amount of $118,291.70. Ayes - 4 - Nays - 0. MAR. 28, 1991 MINUTES HIGH SCHOOL PARKING FEES RES. 1991-74 SUPPORT 1-35W EIS COMPLETION ZOO TEMPORARY LIQUOR LIC ALIMAGNET PARTY PERMIT OVERNIGHT PARKING AT HAYES PARK STREET USE FOR PARADES & WALK RES. 1991-75 AWARD CONTRACT PROJ. 91-366 CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1991 Page 3 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-76 authorizing the City Attorney to proceed with acquisition of land by condemnation for storm water drainage south of County Road 42 in Sections 34 and 35 in accordance with M.S. 117.042. Ayes - 4 - Nays - 0. RES. 1991-76 STORHWATER DRAINAGE CONDEMNATION CHANGE ORDER 2 PROJ. 90-356 MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 2 to the contract with McNamara Contracting for Project 90-356, 140th and Galaxie Signal and Intersection Reconstruction, in the amount of an additional $390.00. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-77 approving plans and specifications for Projects 88-296, South Suburban Church Storm Sewer, and 91-367, Embassy Estates Utilities (combined projects) and authorizing advertising for bids to be received at 2:00 p.m. on May 2, 1991. Ayes - 4 - Nays - 0. RES. 1991-77 TAKE BIDS PROJ 88-296 & 91-367 MOTION: of Humphrey, seconded by Goodwin, approving promotion of Neal Heuer to the position of Utilities Maintenance Superintendent effective April 12, 1991, at a salary based on an annual amount of $34,750.00. Ayes - 4 - Nays - 0. HEUER UTILITY MNTC. SUPT. HIRE SEASONAL EMPLOYEES MOTION: of Humphrey, seconded by Goodwin, approving hiring the parttime and seasonal employees as listed in the Personnel Director's memo of April 11, 1991, including Anna Exe as parttime Liquor Sales Clerk. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Mayor Holton called the public hearing to order at 8:20 p.m. on PUBLIC HEARING Project 90-359, Galaxie Avenue Construction from 157th to 160th PROJ. 90-359 Streets, and noted receipt of the affidavit of publication of the GALAXIE CONST. hearing notice. Mr. Gordon reviewed the preliminary engineering report and said the street will be 52 feet wide with four driving lanes. Five-foot sidewalks will be constructed on both sides of the street. This will complete Galaxie Avenue as a continuous street through the City. The Mayor asked for questions or comments from the public. Wayne Pahl said he owns the property on which the street will be constructed and asked for delay of the project. He said he is already planting the property and the City has not paid him for it. When the City pays for the property, it can have it. Mr. Sheldon said condemnation proceedings were instituted on the property last year and the City already has acquired title to the property. Mr. Pahl appealed the decision and the Court will determine the amount the City has to pay. The City has the property and can proceed. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1991 Page 4 Mr. Pahl said he will not give up the property until he is paid by the City. Mayor Holton said that will be decided by the Court and is not the subject of this hearing. Gary Pahl said he is 30 years old and farms the property with his brother Wayne. They plan to continue farming the property and the road is no benefit to them. It is only a benefit if the property is going to be developed. He plans to be farming the property 50 years from now with his children. They are still farming property in Bloomington. Wayne Pahl said the City is going to charge him $130,000 for the road which does not benefit him, it only benefits the Apple Ponds development. Gary Pahl asked how many access roads Apple Ponds has? Mr. Gordon said there are two. Mayor Holton said this hearing is not to determine the cost to be assessed, it is on design and location of the road. He asked if the Pahls had comments on design or location. Wayne Pahl said if the City proceeds without paying him, he will sell the property to Matt Fischer for gravel mining. Mr. Sheldon said, under "quick take" condemnation proceedings, tha Judge ordered transfer of title to the right-of-way to the City last year. The issue to be decided by the Court is what the City will pay for that property. The Mayor asked for further questions or comments; there were none and the hearing was declared closed at 8:31 p.m. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-78 ordering installation of Project 90-359, Galaxie Avenue Construction from 157th to 160th Streets, combined with Project 91-363, 1991 Street Maintenance Program. Ayes - 4 - Nays - 0. RES. 1991478 ORDER PROJ. 90-359 Wayne Pahl said they will not be developing the property, but farming it. Mr. Gordon said, in that case, it would be eligible for green acres deferment of any assessments. MOTION: of Erickson, seconded by Goodwin, adopting Resolution No. 1991-79 directing the Engineer to prepare plans and specifications for the combined Project 91-363. Ayes - 4 - Nays - 0. RES. 1991-79 PLANS & SPECS. PROJ. 91-363 MOTION: of Humphrey, seconded by Erickson, adopting Resolution No. 1991-80 amending the designations on the Land Use Map of the Comprehensive Plan for Lots 1 and 2, Block 3; Lot 4, Block 4; and Lots 1 through 3, Block 5; Valley Commercial Park 2nd Addition, from "RB" Retail Business to "GB" General Business, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. RES. 1991-80 COMP. PLAN AMENDMENT V.C. PARK 2ND CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1991 Page 5 ORDINANCE 506 REZONE PART OF V.C. PARK 2ND RES. 1991-81 AMEND DAYTON/ RYAN SOUTHPORT AGREEMENTS MOTION: of Goodwin, seconded by Erickson, passing Ordinance No. 506 rezoning Lots 1 and 2, Block 3; Lot 4, Block 4; and Lots 1 through 3, Block 5; Valley Commercial Park 2nd Addition, from "RB" Retail Business to "CB" General Business, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1991-81 approving and authorizing the execution of First Amendment to Agreement among the City, the EDA and Dayton Hudson and the Agreement Amending the Contract for Private Development with Ryan Construction related to transfer of interest in Lots 6 and 7, Block 1, Southport Centre to Dayton Hudson, as recommended by the City's Attorney, James O'Meara. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. -1991-82 setting a public hearing at 7:30 p.m. on May 1, 1991, before the Plarming Commission, to consider amendments to the Zoning Ordinance concerning the location of electric substations, placement of transmission lines and performance standards therefor. Ayes - 4 - Nays - 0. RES. 1991-82 SET HEARING ELECTRIC LINE LOCATION, ETC. The Council meeting was recessed at 8:52 p.m. for the purpose of conducting an Economic Development Authority meeting. The Council meeting reconvened at 9:04 p.m. EDA MEETING Mr. Weldon distributed a revised list of joint and cooperative agree- JOINT/COOP. ments the City has with other local units of government and an PROGRAMS updated list of shared/consolidated service options from the list distributed March 28th. There are 11 potential shared service options and the Council is asked for input in narrowing the list down to three to five options. He asked the Council to review it for further discussion at the informal meeting on April 18th. Mr. Gretz distributed a tentative construction schedule for County Road 31 and County Road 38, east of Johnny Cake Ridge Road, and re- viewed it with the Council. ROAD CONST. SCHEDULE WETLAND LEGISLATION RES. 1991-83 APPOINT NORDLUND P.C. Mr. Gretz distributed copies of a letter opposing proposed wetland legislation he is sending to area legislators. The proposed legis- lation would be funded by a tax on water systems including municipal water systems. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1991-83 appointing Joseph Nordlund to fill the vacant position on the Planning Commission for term expiring March 1, 1993. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 11, 1991 Page 6 MOTION: of Erickson, seconded by Goodwin, appointing Van Holston and Robin Curran to fill the vacant positions on the Urban Affairs Committee for terms expiring March 1, 1993. Ayes - 4 - Nays - 0. APPOINT CURRAN & HOLSTON TO UAC Councilmember Goodwtn commented on the LMC Legislative Conference LEGISLATIVE which Counctlmember Sterling, Mr. Weldon and he attended yesterday CONFERENCE in St. Paul. He said much of the discussion concerned property taxes. There appears to be much opposition to increasing the rate on property valued under $68,000, but there is sympathy for reducing the rate on higher valued homes. Mr. Weldon said because there is such a lack of agreement on the tax issues, it is possible the Legislature will adjourn on May 20th and call a special session in June. Councilmember Humphrey said he attended a Transit Board meeting today. TRANSIT The RTB has taken the position that it controls the transit funds MATTERS and has not released funds to the MVTA. This makes the MVTA techni- cally in violation of it service requirements. Communities involved in "opt- out" transit authorities are Joining together to have legislation passed allowing funds to be paid directly to them rather than through the RTB. He will keep the Council advised on the matter. MOTION: of Humphrey, seconded by Goodwin, to pay the claims and CLAIMS bills, checks numbered 83563 through 83663, 83673 through 83700 and 83703 through 83845, in the total amount of $1,379,386.35. Ayes - 4 - Nays - 0. MOTION: of Erickson, seconded by Goodwln, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:21 o'clock p.m.