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HomeMy WebLinkAbout02/22/1990CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 22nd, 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: Public Works Director Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Police Captain Cook, City Planner Kelley, Police Chief Rivers, Liquor Manager Shea 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 Humphrey, approving the agenda for tonight's meeting as amended. Ayes ~ 5 - Nays - 0. APPROVE AGENDA FEB. 8, 1990 MINUTES MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of February 8th, 1990, as written. Ayes - 5 - Nays - 0. Mayor Branning asked if any one was present to address the Council AUDIENCE DISCN. at this time on any item not on this meeting's agenda. Mark Olson, GRAVEL MINING 98 Hidden Meadow Road, representing Frank and Evelyn Rechtzigel, DRAFT E~I.S. requested an extension on the public comment period for the Gravel Mining Draft Environmental Impact Statement (EIS). Their property is included in the EIS area, but they did not receive timely notice. They are working with an engineer and would like an additional four to five months'to allow further input. Jeff Bry, 16170 Garner Avenue, representing Valley Park Homeowners' Association, presented a copy of a petition to the Gouncil, the original of which was submitted to the City today for comments on the EIS. He reviewed residents' concerns about the impact of a gravel mining operation. He asked the Council to defeat the Draft EIS and not allow it to proceed any further; stating that large scale mining in an urban area is not an appropriate use. Mr. Sheldon said today is the last day of the public comment period on the Draft EIS. At the time the Final EIS is prepared there will be another comment period. The Council does not have the authority to extend the comment period on the Draft EIS. Mr. Welsch distributed a schedule of the review process for the EIS and noted it was not a proposal by the City. There is no land use case in front of the Council now. That will take an actual application from the gravel operators and will probably not happen until mid-June. Mayor Branning said the Council is not making a decision on the EIS now, it is a matter of following the process. MOTION: of Humphrey, seconded by Savanick, approving all items on the CONSENT AGENDA consent agenda with no exceptions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1990 Page 2 CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-41 accepting the donation of $200.00 from Employees of Apple Valley Williams Pipe Line Company for use by the Fire Department. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-42 approving amendments to Articles I and VI of the Bylaws of the Apple Valley Firefighters Relief Association, providing for vesting after five years and allowing proba- tionary members to Join, as approved by the membership on February 11, 1990. Ayes -5 - Nays - 0. MOTION: of Htumphrey, seconded by Savanick, approving renewal, for the year 1990, of the licenses and permits listed in the City Clerk's memo dated February 16, 1990. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving a contract with Schlegel Auction Company to conduct an auction of City property on April 21, 1990, for 10 percent of the sales, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-43 designating Lon Anne as the City's representative for the Black Dog Watershed Management Organization. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Savanick, approving Change Order No. G-3 to the contract with Parkos Construction for Liquor Store No. 1 Interior Construction in the amount of an additional $1,782.00. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, approving revised final payment on the contract with CECA Utilities for Project 88- 307, Broner Woods Utility and Street Improvements, in the amount of $28.73. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-44 awarding the contract for 1990 Park and Private Property Tree Removals to Collins Tree Service, the low bidder, in the amounts of $685 and $1,450 per tree, respectively. Ayes - 5 - Nays - O. MOTION: of Humphrey, seconded by Savanick, approving Agreement No. 90-01 with Dakota County for installation of traffic signals. at the intersection of 145th Street and Cedar Avenue and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. RES. 1990-41 FIRE DONATION RES. 1990-42 AMEND FIRE RELIEF BYLAWS RENEW 1990 LIC. & PERMITS SCHLEGEL AUCTION AGREEMENT RES. 1990-43 BLACK DOG WMO REPRESENTATIVE CHANGE ORDER 3 LIOUOR STORE 1 FINAL PAYMENT PROJ. 88-307 RES. 1990-44 AWARD TREE REMOVAL CONTRACT SIGNAL AGREEMENT 145TH & CEDAR CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1990 Page 3 MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-45 authorizing acquisition of land necessary for Project 90-345, 140th Street and Cedar Avenue Intersection and Signal Reconstruction, by negotiation and/or condemnation. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, accepting the Commis- sioners award of $35,680.00 for a sanitary sewer easement to Donald and Eunice Petter and award of $19,346.00 for a ponding easement to Mr. & Mrs. Kenneth Johnson and Mr. & Mrs. Keith Johnson as recommended by the City Attorney. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-46 authorizing an order for removal or repair of a hazardous building, as a result of fire damage, at 13636 Elkwood Drive, described as Lot 2, Block 6, Farquar Hills. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-47 approving the final plat and subdivision agreement for Eagle Hills Third and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-48 ordering installation of Project 90-346, Eagle Hills Third Utility and Street Improvements (originally part of Project 89-326, Eagle Hills lst). Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-49 directing the City Engineer to prepare plans and specifications for Project 90-346, Eagle Hills Third Improvements. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-50 approving the final plat and subdivision agreement for Hearthstone (formerly called J. V. Development) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, granting a setback variance to allow construction of a house addition to within seven feet of the side lot line on Lot 13, Block 8, Greenleaf 4th Addition (6236 - 137th Court) as recommended by the Planning Commission. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA RES. 1990-45 PROJ. 90-345 CONDEMNATION PETTER - JOHNS ON CONDEMNATION AWARD RES. 1990-46 BLDG. HAZARD 13636 ELKWOOD RES. 1990-47 FINAL PLAT EAGLE HILLS 3RD RES. 1990-48 ORDER PROJECT 90-346 RES. 1990-49 PLANS & SPECS. PROJ. 90-346 RES. 1990-50 FINAL PLAT HEARTHSTONE VARIANCE LOT 13, BLK. 8 GREENLEAF 4TH CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1990 Page 4 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1990-51 approving plans and specifications for Project 89- 337, East Valley Plaza 2nd Addition Street Improvements, and authorizing advertising for bids to he received at 2:00 p.m. on March 29, 1990. RES. 1990-51 TAKE BIDS PROJ. 89-337 Councilmember Holton asked that Staff find out whether the proposed street name "Esther" complies with the County naming system. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 52 approving plans and specifications for Project 90-343, 1990 Street Maintenance Program; Fire Station No. 1 Parking Lot; and Central Maintenance Storage Buildings Parking Lot, and authorizing advertising for bids to be received at 2:00 p.m. on March 16, 1990. RES. 1990-52 TAKE BIDS PRO3. 90-343 The Council asked Staff to check into using the same decorative lighting for the Fire Station parking lot as will be used on the "Ring Route". Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Humphrey, seconded by Savanick, adopting Resolution No. 1990-53 approving specifications for Project 90-348, Repair of Well Pumps No. 1 and 2, and authorizing advertising for bids to be received at 2:00 p.m. on March 6, 1990. Ayes - 5 - Nays - O. RES. 1990-53 TAKE BIDS PROJ. 90-348 Ms. Shea reviewed her memo dated February 16, 1990, concerning appli- LOTTERY cations for the liquor stores to become retail outlets for the state APPLICATIONS "Instant Ticket" lottery. Retailers will receive a five percent commission on tickets sold. She noted that this is not connected in any way with the computerized lottery for which applications will not be accepted until November. MOTION: of Humphrey, seconded by Savanick, authorizing submitting applications to establish retail outlets for the Minnesota State "Instant Ticket" Lottery at Liquor Stores No. 1 and 2. Ayes - 5 - Nays - 0. SUBMIT LOTTERY APPLICATIONS Mark Flaten, of American Risk Services, and Jim Morrisey, the City's INSURANCE insurance agent, were present to answer questions about insurance RENEWALS renewals. Mr. Flaten said, long term, self-funding will be a viable approach for the City, however, because CNA's renewal premiums were very favorable, he recommends renewal for another year. MOTION: of Humphrey, seconded by Holton, approving renewal of workers' compensation, liability, property, auto, etc., insurance with CNA insurance at a 1990 premium of $586,063.00. Ayes ~ 5 - Nays - 0. 1990 INSURANCE RENEWALS CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 1990 Page 5 MOTION: of Humphrey, seconded by Goodwin, passing Ordinance No. 473 amending City Code Sections 10-7 and 19-26 by clarifying which vehicles are considered to be obstructing fire lanes; "A vehicle occupied by a licensed driver and immediately movable shall not be considered an obstruction." Ayes - 5 - Nays - 0. ORDINANCE 473 VEHICLES IN FIRE LANES Consideration of ordinances establishing escrow accounts for consultant fees was removed from the agenda. MOTION: of Branning, seconded by Holton, adopting Resolution No. 1990-54 amending precinct polling places for elections in the City by designating Mount Olivet Assembly of God Church, 14251 Cedar Avenue, as the polling place for Precinct 5 (previously Apple Valley Senior High School). Ayes - 5 - Nays - 0. RES. 1990-54 PRECINCT 5 POLLING PLACE WELDON U.A.C. RESIGNATION MOTION: of Humphrey, seconded by Holton, accepting the resignation of Jeffrey Weldon from the Urban Affairs Committee effective February 26, 1990, and thanking him for his service. Ayes - 5 - Nays - O. Mr. Welsch reported that he attended a House Committee hearing today SPECIAL SERVICE on the bill to allow special service districts in the City. It was DIST. LEGISLATN. passed on to the House Tax Committee. The Senate companion bill will be heard in Committee on Monday. He had explained that this was not really a tax matter, but because it deals with service charges it was referred to Tax Committee. He believed this would probably be the same process in the Senate. Councilmember Humphrey said he will be attending a workshop on devel- opment impact fees. It is scheduled in June in Massachusetts and he will attend this in lieu of the National League of Cities Conference. HUMPHREY CONF. ATTENDANCE CLAIMS & BILLS MOTION: of Humphrey, seconded'by Savanick, to pay the claims and bills, checks numbered 74315 through 74436 and 74589 through 74710, in the total amount of $2,472,194.52. Ayes - 5 - Nays MOTION: of Savanick, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:55 o'clock p.m.