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.