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HomeMy WebLinkAbout09/06/1990CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 6th, 1990, 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, Administrative Intern Asselanis, Project Engineer Aune, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley, Assistant to Administrator Weldon and Community Development Director Welsch. Mayor Branning called the meeting to order at 8:05 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 tonightts meeting as amended. Ayes - 5 - Nays - O. APPROVE AGENDA AUG. 23, 1990 MINUTES AUDIENCE DISCN. D.A.R.E. PROGRAM MOTION: of Savaniok, seconded by Goodwin, approving the minutes of the regular meeting of August 23rd, 1990, as written. Ayes 5 - Nays - O. Mayor Branning 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. Police Chief Rivers read a proclamation for D.A.R.E. (Drug Abuse Resistance Education) Day and reviewed activities involved in the program taught by police officers. All six elementary schools will be included in the program. MOTION: of Holton, seconded by Savanick, proclaiming September 13, 1990, as "Apple Valley D.A.R.E. Day" (Drug Abuse Resistance Education). Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, moving settlement of the Feiner condemnation matter to the regular agenda and approv- ing all remaining items on the consent agenda. Ayes - 5 - Nays - O. PROCLAIM D.A.R.E. DAY CONSENT AGENDA SUBDIVISION BOND REDUCTIONS CONSENT AGENDA ITEMS MOTION: of Savanick, seconded by Humphrey, approving reduction of subdivision financial guarantees: Apple Ponds 2nd from $355,891.00 to $140,790.50; Valley Way Village 7th from $91,760.00 to $49,545.00; Eagle Hills 1st from $9,634.00 to 0; and Radcliff Townhomes from $393,052.00 to $199,283.80. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 2 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-176 prohibiting parking along both sides of County Road 31, from County Road 33 to the Eagan border; and along County Road 38, from County Road 31 to Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, approving Change Order No. 6 to the contract with CECA Utilities for Project 88-313, Rolling Ridge Improvements, in the amount of an additional $6,830.71. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, approving Change Order No. 2 to the contract with CECA Utilities for Project 90-346, Eagle Hills 3rd Improvements, in the amount of an additional $21,942.33. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, approving Change Order No. 1 to the contract with Met-Con Metro, Inc., for Fire Station No. 1 in the amount of an additional $4,997.01. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, accepting Project 88-313, Rolling Ridge Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $19,775.71. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, accepting Project 89-337, East Valley Plaza/141st Street, as final and authorizing final payment on the contract with McNamara Contracting in the amount of $4,639.90. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-177 receiving the preliminary engineering report on Project 90-360, Bachman's/Carrollton Commercial Improvements, and setting a public hearing on it at 8:00 p.m. on September 20, 1990. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, directing the City Engineer to prepare a preliminary feasibility report for storm sewer improvements for South Suburban Evangelical Free Church, 12600 Johnny Cake Ridge Road. Ayes - 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-178 approving the final plat and subdivision agreement for Apple Valley Retail Addition (Cub Foods Store) and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. RES. 1990-176 NO PARKING CHANGE ORDER 6 PROJ. 88-313 CHANGE ORDER 2 PROJ. 90-346 CHANGE ORDER 1 FIRE STATION 1 FINAL PAYMENT PROJ. 88-313 FINAL PAYMENT PROJ. 89-337 RES. 1990-177 SET HEJRIING PROJ. 90-360 PRELIM. REPORT S.S.E.F. CHURCH STORM SEWER RES. 1990-178 FINAL PLAT A.V. RETAIL ADDN CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 3 MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-179 approving consolidation of Lots 3 and 4, Block 1 and Lots 5 and 6, Block 1, Eagle Ridge Estates 2nd Addition and authorizing recording the appropriate documents. Ayes 5 - Nays - 0. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-180 approving specifications for Household Recycling Containers and authorizing advertising for bids to be received at 10:00 a.m. on September 17, 1990. Ayes 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-181 awarding the contract for Project 90-345, 140th Street and Cedar Avenue Intersection Improvements, to McNamara Contracting, the low bidder, in the amount of $283,157.00. Ayes - 5 - Nays - O. RES. 1990-179 LOT CONSOLIDATE EAGLE RDG EST 2 RES. 1990-180 TAKE BIDS RECYC. CONTAINERS RES. 1990-181 AWARD CONTRACT PROJ. 90-345 RES. 1990-182 P.E.R.A. CITY CONTRIBUTIONS SPANDL SERGEANT PROMOTION HIRE ELIASON POLICE OFFICER HIRE PARTTIME EMPLOYEES MOTION: of Savanick, seconded by Humphrey, adopting Resolution No. 1990-182 authorizing payment of the City's employer share of P.E.R.A. contributions for all employees who become eligible under the terms of M.S. Chapter 570, subd. 14, as has been the past City practice. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, approving promotion of Gregg Spandl to the position of Police Sergeant effective November 1, 1990. Ayes - 5 - Nays - 0. MOTION: of Savanick, Aeconded by Humphrey, approving hiring Michael J. Eliason for the fulltime position of Police Officer effective September 20, 1990. Ayes - 5 - Nays - O. MOTION: of Savanick, seconded by Humphrey, approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated September 6, 1990. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA Councilmember Holton said he would like to discuss appealing the FEINER GEORGIA decision in the Feiner property condemnation for Georgia Drive. Mr. DR. CONDEMNATION Sheldon said the Judge's decision ruled that the issue of the City's option for the right-of-way is a separate matter from ownership of the property. The decision stated the option is invalid because the City did not have authority to require it based on ordinances in effect at that time. The option was also ruled invalid because it did not have an ending date. Councilmembers Savanick and Humphrey concurred with accepting a settlement as recommended. Councilmember Holton said because certain concessions are being made in assessing the costs, he does not believe the settlement should be accepted. CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 4 MOTION: of Holton, seconded by Goodwin, tabling consideration of settlement in the Feiner property condemnation for Georgia Drive until September 20, 1990. Ayes - 3 - Nays - 2 (Humphrey and Savanick). TABLE FEINER CONDEMNATION SETTLEMENT ACCESS LOTS 13, 14 & 15, WHITE OAK RIDGE Mr. Melena said the matter of access to Lots 13, 14 and 15, White Oak Ridge was discussed by residents and the Engineer today and they would like to have it tabled for further discussions. However, there are interested parties present who may have relevant comments. Mr. Gretz reviewed his memo dated September 5, 1990, comparing the alternatives of an east or west access to the property. Neither option is particularly desirable and a preliminary engineering report would be needed to obtain further information. Mayor Branning said he received a letter from Ron Dorken, 5290 West 132nd Street, and had given it to the Engineer. He agreed the matter should be tabled so the points raised in the letter can be addressed. He asked if there were any other questions that should be answered? Jim Weinhaus, 13197 West 132nd Street, said he owns Lot 12 and is opposed to any kind of a road on the west side of the property. He had always understood that a road would never be built on that right-of-way. Councilmember Savanick said she is concerned about the lack of an easement between the pond and the lake. Councilmember Humphrey said the right-of-way question needs to be addressed and either the street built or the right-of-way abandoned. MOTION: of Goodwin, seconded by Humphrey, tabling consideration of access for Lets 13, 14 and 15, White Oak Ridge, for two weeks and directing the Engineer to prepare a preliminary feasi- bility report on completing the road. Ayes - 5 - Nays - 0. TABLE & PRELIM. REPORT WHITE OAK RIDGE ACCESS Mr. Melena reviewed the Public Works Director's memo dated August 28, KELLER LAKE 1990, advising the Council that the Burnsville City Council will hold DRIVE CLOSING a public hearing on September 17, 1990, to consider a request to close the connection of Keller Lake Drive and Redwood Drive. Mayor Branning asked for comments on the matter. Jack Wilson, 965 Redwood Drive, said he does not want the street connection closed. Traffic counts taken by the City of Burnsville show that the traffic level is not excessive. No decision should be made until after construction is completed on County Road 42. When County Road 42 was improved, in Apple Valley, no signal was installed at Redwood Drive because signals were being installed at Elm Drive and Southcross Drive. Keller Lake Drive provides access to Southcross Drive. Dean Davis, 875 Redwood Drive, said school buses use the street because children in that area of Burnsville attend Southview School. It is the best access to the west and to Fairview Ridges Hospital from the Redwood Drive area. When the street was CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 5 originally constructed, there was a stop sign at the first intersection west of Redwood Drive and that seemed to help slow traffic. The area may need more Police patrol, but the road should not be closed. Karen Mort, 958 Redwood Drive, asked on what basis the street can be closed? Mayor Branning said he cannot speak for Burnsville, but Apple Valley has no intention of closing the street. Don Olson, 894 Redwood Drive, said the street should not be closed. It is needed to relieve traffic on County Road 42. Truck traffic should be monitored more closely and that might alleviate concerns. Beth LaVelle, 942 Hopewell Lane, said children from both Burnsville and Apple Valley, in these areas, attend Southview School. The street allows them to travel back and forth as they make new friends in school. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1990-183 requesting the City of Burnsville to defer action on any request to close the connection of Keller Lake Drive with Redwood Drive until the County Road 42 reconstruction project is completed and traffic patterns can be re-evaluated. Ayes - 5 - Nays - 0. RES. 1990-183 OPPOSE CLOSING KELLER LAKE DR. Mr. Melena reviewed the preliminary schedule of events planned by TARGET GRAND Target for its Greatland Store grand opening as contained in the OPENING & memo dated September 4, 1990. The question of placing banners on BANNERS street light poles along the downtown ring route remains to be addressed. He reviewed a draft of a policy on use of the light poles which would require payment for City crew to mount and remove the banners estimated at $6,000. In its request, in lieu of paying for installation, Target has offered to donate the banners, costing approximately $25,000, to the City. It should be possible for them to be modified and used for other events. The Council requested further discussion on an overall policy for placement of banners at a work session and cohcurred with addressing the Target request only at this time. MOTION: of Savanick, seconded by Humphrey, authorizing display of Target/Greatland grand opening banners, with the City's logo, on street light poles along the downtown ring route for a period of 30 days and accepting donation of the banners in lieu of an installation charge. Ayes - 5 - Nays - 0. TARGET BANNER DISPLAY & DONATION Rob Smith, of Smith, Patterson & Co., who is handling the promotional activities for the grand opening, was present and thanked the Council for their consideration. MOTION: of Goodwin, seconded by Holton, passing Ordinance No. 493 rezoning the Coady property, north of Trunk Highway 77, in the Northwest Quarter of the Northwest Quarter of Section 22, from R-1 to M-3A as recommended by the Planning Commission. ORDINANCE 493 REZONE COADY PROPERTY CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 6 Councilmember Savanick asked how street access can be provided for the property? Mr. Kelley said it does not have direct access, but there are undeveloped lots on 130th Street adjoining it. A plat was filed on property to the east, also on 130th Street, which is zoned M-8C. A building permit was authorized for a 33-unit apartment building on that property but the developer has never actually taken out the permit. Vote was taken on the motion. Ayes - 4 - Nays - 1 (Savanick). MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. RES. 1990-184 1990-184 awarding the contract for Project 90-357, Apple AWARD CONTRACT Valley Retail Addition (Cub Foods) Improvements, to CECA PROJ. 90-357 Utilities, Inc., the low bidder, in the amount of $227,369.00. Ayes - 5 - Nays - O. Mr. Welsch reported that the Planning Commission reviewed the request TAEKWONDO NCC of Taekwondo Family Center/Karate for Kids for a zoning determination USE REPORT at its meeting last night. The Planning Commission determined that it was not similar to a day care use which is permitted in a Neighborhood Convenience Center (NCC) zone. It further recommended against amending the zoning ordinance to allow this as a conditional use. This will be coming before the Council in a written report at its September 20, 1990, meeting. MOTION: of Humphrey, seconded by Goodwin, to consider potential soccer field sites as the next item on the agenda. Ayes ~ 5 - Nays - 0. CONSIDER SOCCER FIELD SITES Councilmember Goodwin said he asked the Park Director to inventory all park property again and determine if any areas were large enough for soccer fields, which could also be used for football fields in the fall. He reviewed the sites listed in Mr. Johnson's memo dated August 30, 1990, and ranked them for potential development as: Moeller Park, Valley Middle Field "F" and Tintah Park. If the limited parking at Huntington could be overcome, it would also be a potential site. He would not recommend a field at the Armory site because it is too close to County Road 42 and would require removal of trees. Councilmember Goodwin noted these are the last available sites that can be converted to playing fields. The next fields will have to be in a new complex. The School District has rebuilt fields at Valley Middle and Highland Elementary that will be coming back on line next year. There are two fields at the High School that have potential and he will approach them about their use. Mr. Johnson described the process for constructing the fields and reviewed the cost estimates contained in his memo. Mr. Melena distributed a report showing the current balance in the Park Dedication Fund of $590,002; estimated to increase to $614,322 by December 31, 1990. Under current policy, approximately $115,000 from this Fund would be available for the improvements. CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 7 Mayor Branning concurred with the need for playing field space, but expressed concern about additional costs for improving Valley Middle Field "F". He said asphalt was disposed of on that site with the intent it would be a future parking lot and it may need more soils correction. MOTION: of Holton, seconded by Goodwin, authorizing expenditure of up SOCCER FIELD to $162,000 from Park Dedication Funds for a portable irri- DEVELOPMENT gation unit and development of soccer field sites at Moeller Park; Huntington Park, provided off-street parking can be accommodated; Valley Middle Field "F", subject to soils study: and Tintah Park as described in the Park & Recreation Director's memo dated August 30, 1990. The Council discussed the feasibility of the Huntington site because of parking concerns. Mr. Johnson said parking can be made available on the skating rink area, but it is not next to the soccer field site. Parking restrictions could be imposed and V.A.A. could help enforce the restrictions during its activities. Councilmember Goodwin said there is some concern with using all available Park Dedication Funds for these fields and there are other projects which may need to be funded. Mr. Johnson reviewed some of the proposed items. Councilmember Humphrey noted that $75,000 is proposed for acquisition of parkland in Apple Ponds and he would consider reducing the Fund balance below $500,000 for land acquisition. Mike McKuras, 14426 Holiday Court, V.A.A. Soccer Commissioner, was present and commented on the increase in participation in the soccer program; 1,400 players in 1990. The program utilized 19 fields with 550 season games and 230 games during tournaments.' Lane Allen, 851 Jonathan Drive, commented on his experience with youth athletics in California where, due to growth, schools scheduled all field usage. He would not want to see that happen and acknowledged growth will continue to cause a need for playing space. Mayor Branning commented on his philosophy of using bond issues to pay for park improvements and construction, but these are immediate needs and can be addressed with Park Dedication Funds. Councilmember Humphrey concurred and asked to discuss the Park Dedication Fund balance at a work session. Vote was taken on the motion. Ayes - 5 - Nays - 0. The City Council recessed the meeting at 10:37 p.m. to hold an Economic Development Authority meeting. The City Council meeting reconvened at 10:45 p.m. EDA MEETING Mr. Gretz advised the Council that the Fischer Sand & Aggregate lawsuit FISCHER STORM on storm water damage is set for trial September 18, 1990, and is DAMAGE TRIAL expected to last two weeks. CITY OF APPLE VALLEY Dakota County, Minnesota September 6, 1990 Page 8 MOTION: of Humphrey, seconded by Holton, setting an informal meeting at 6:00 p.m. on September 13, 1990, at City Hall with the discussion items of capital improvements program, TIF projects report, planning and development issues and composting bins. Ayes - 5 - Nays - 0. SET INFORMAL MEETING MOTION: of Goodwin, seconded by Humphrey, amending the agenda by adding Planning Commission resignation and ALF Ambulance five-year plan and picnic to it. Ayes 5 - Nays - 0. AMEND AGENDA Councilmember Humphrey said he has been in contact with Howard Weldon P.C. RESIGNATION who is submitting his resignation from the Planning Commission. MOTION: of Humphrey, seconded by Goodwin, accepting the resignation of Howard Weldon from the Planning Commission and thanking him for his volunteer service. Ayes - 5 - Nays - 0. WELDON PLANNING RESIGNATION MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-185 appointing Karen Edgeton to fill the vacancy on the Planning Commission for a term expiring March 1, 1992. Ayes - 5 - Nays - 0. RES. 1990-185 APPOINT EDGETON PLANNING COM., Councilmember Holton commented that the Council has separately re- ceived the ALF Ambulance five-year plan. It projects that the subsidy should be reduced to $.18 per capita even with adding anothar unit. ALF AMBULANCE 5-YEAR PLAN ALF OPEN HOUSE CLAIMS & BILLS Councilmember Holton reminded that ALF Ambulance will host a picnic and open house at its new facility in Fire Station No. 1, at 6:00 p.m. on September 11, 1990. MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 79105 through 79255, 79265 through 79300 and 79303 through 79382, in the total amount of $3,035,217.40. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:00 o'clock p.m.