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HomeMy WebLinkAbout12/27/1990CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 1990 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 27th, 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, Administrative Intern Asselanis, Personnel Director Boland, Assistant Finance Director Eklund, City Planner Kelley, Building Official Miranowski, Police Chief Rivers 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 Savanick, seconded by Holton, approving the agenda for tonight's meeting as amended. Ayes - 5 - Nays - 0. APPROVE AGENDA AUDIENCE DISCN. AAA PEDESTRIAN SAFETY AWARD CONSENT AGENDA RES. 1990-238 FIRE DEPT. CAR DONATION RES. 1990-239 THORSON-CORNWELL CEDAR KNLS DONAT RES. 1990-253 POLICE FUND TRANSFER Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. Police Chief Rivers presented the AAA Special Citation for Pedestrian Safety to Mayor Branning which he had accepted on behalf of the City. He noted that Apple Valley has received this award for 20 of the last 21 years. MOTION: of Holton, seconded by Goodwin, moving consideration of Environmental Coalition of Cities and gravel EIS time table to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 238 accepting, with thanks, the donation of a 1979 Dodge Charger to the Fire Department for training purposes from Alan Cross. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 239 accepting, with thanks, the donation of part of Lot 2, Block 15, Cedar Knolls (Parcel C), containing approximately 2.50 acres of property, from Thorson Cornwell Co. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 253 transferring $104,015.00 of State Aid Funds from the Police Fund (06) to the General Fund (01) for 1990. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 1990 Page 2 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 254 directing the City Clerk to write off uncollectible debts owed the City for 1990 in the total amount of $2,763.33. Ayes - 5 - Nays - 0. RES. 1990-254 WRITE OFF UNCOLLECT. DEBTS MOTION: of Holton, seconded by Goodwin, granting a frontyard setback variance on Lot 30, Block 8, Longridge 2nd (8110 - 159th Street Court) to allow construction of an addition up to 25 feet from the lot line as recommended by the Planning Commission. Ayes - 5 - Nays - 0. FRONT VARIANCE LOT 30, BLOCK 8 LONGRIDGE 2ND MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- RES. 1990-255 255 approving the final plat and subdivision agreement for HESLI ADDITION Hesli Addition (replat of Lots 6 and 7, Block 1, Farquar Lake FINAL PLAT Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving payment of $4,093.00 to Vista Development in settlement of the condemnation award for Project 90-345, 140th Street and Cedar Avenue Intersection Improvements. Ayes - 5 - Nays - 0. VISTA CONDEMNATN SETTLEMENT MOTION: of Holton, seconded by Goodwin, approving a lease agreement with Dakota County for a yardwaste compost site on City-owned property at Pilot Knob Road and 170th Street from January 1, 1991, through December 31, 1993, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. COUNTY YARDWASTE SITE LEASE MOTION: of Holton, seconded by Goodwin, approving the 1991 Amendment to the 1989-1990 Joint Powers Agreement with Dakota County for funding of landfill abatement/recycling activities, not to exceed $137,733.00 and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. COUNTY 1991 RECYCLING AGREEMENT MOTION: of Holton, seconded by Goodwin, approving an agreement with Jack D. Elmquist Law Offices for recovery of state sales tax refunds, at a fee of one-third of the sums recovered, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 Nays - 0. ELMQUIST TAX REFUND AGREEMENT MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 256 approving renewal of a Gambling License by the Minnesota Charitable Gambling Control Board for Apple Valley Hockey Association at Greenstreets Restaurant, 7543 West 147th Street, and waiving the waiting period for Board approval. Ayes - 5 - Nays - 0. RES. 1990-256 A.V. HOCKEY ASSN GAMBLING LICENSE CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 1990 Page 3 MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 257 setting a public hearing at 8:00 p.m. on January 17, 1991, on the application of Jade Island Chinese Cuisine, Inc., for on-sale wine and beer licenses at 7534 West 149th Street. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving Change Order No. 1 to the contract with McNamara Contracting Co., Inc., for Project 90-356, 140th & Galaxie Intersection Reconstruction, in the amount of an additional $722.20. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, approving a Joint Powers Agreement with Burnsville, Eagan, Lakeville, Rosemount and Savage for 1991 Traffic Marking, Street Sweeping and Seal Coating Services and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, approving reduction of subdivision financial guarantees for: Valley Way Village 8th from $84,411.00 to $27,182.00; Pinecrest Townhomes from $52,000.00 to $10,000.00; Eagle Ponds 1st from $14,127.50 to $10,000.00; Huntington 5th from $373,500.00 to $53,506.76; and Radcliff Townhomes from $199,283.80 to $81,564.00. Ayes - 5 - Nays - O. MOTION: of Holton, seconded by Goodwin, receiving the Police Chief's status report on the vehicle towing and storage contract with Dick's Valley Mobil and AAA Salvage. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 258 awarding the purchase of three 4X4 utility vehicles and three 8-passenger vans for the Fire Department to Valley Ford, Inc., the low bidder in the total amount of $106,062.00. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving correspondence concerning City/Zoo communication task force meetings. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Goodwin, receiving the Assistant to the Administrator's report dated December 17, 1990, on airport site-search candidate areas announced by the Metropolitan Council Task Force. Ayes - 5 - Nays ~ 0. MOTION: of Holton, seconded by Goodwin, adopting Resolution No. 1990- 259 approving the updated and revised affirmative action policy/program for 1991 and 1992 for the City. Ayes - 5 Nays - 0. RES. 1990-257 SET HEARING JADE ISLAND LICENSES CHANGE ORDER 1 PROJ. 90-356 STREET MAINTENC J.P. AGREEMENT SUBDIVISION BOND REDUCTIONS TOWING CONTRACT STATUS REPORT RES. 1990-258 PURCHASE FIRE DEPT. VEHICLES ZOO TASK FORCE COMMUNICATION AIRPORT SITE SEARCH REPORT RES. 1990-259 REVISED AFFIRM. ACTION PROGRAM CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 1990 Page 4 MOTION: of Holton, seconded by Goodwin, approving reclassification of the positions of Liquor Store Manager from Pay Scale 7 to Pay Scale 8 level in the Personnel Plan. Ayes - 5 - Nays - 0. RECLASSIFY LIQUOR MANAGERS MOTION: of Holton, seconded by Goodwin, approving transfer of JoEllen Bruhn to the fulltime position of Police Officer, at a monthly starting wage of $2,106.00, effective December 28, 1990. Ayes ~ 5 - Nays - 0. TRF. BRUHN POLICE OFFICER MOTION: of Holton, seconded by Goodwin, approving hiring the part- time and seasonal employees as per the Personnel Director's memo dated December 27, 1990. Ayes - 5 - Nays - 0. HIRE PARTTIME EMPLOYEES RES. 1990-260 ENVIRONMENTAL COALITION END OF CONSENT AGENDA MOTION: of Savanick, seconded by Holton, adopting Resolution No. 1990-260 authorizing participation in the Environmental Coalition of Cities, on an information sharing basis, with review and/or approval of requests for state or federal action prior to endorsement of such documents. Mr. Melena said the intent is that the City would be participating as an affiliate of the Coalition. Some things the group is proposing, such as instituting recycling, the City has already done. Some issues, such as fertilizer control and dishwasher detergent sales bans, the City may want to address in a different manner to meet individual needs. Councilmember Savanick commented on the effectiveness such a group, rather than individual cities, can have in endorsing legislation and sharing information. Vote was taken on the motion. Ayes - 5 - Nays - O. Mr. Melena reviewed the tentative time table for completion of the GRAVEL E.I.S. Environmental Impact Statement (EIS) on gravel mining south of County TIME TABLE Road 42 prepared by the City Planner. He noted that four different scenarios are detailed depending on when the final EIS is submitted to the City. Mr. Welsch said a letter explaining the current status of the EIS has been sent to everyone who attended the April 5, 1990, meeting. Mr. Welsch said consultants for the project are now indicating it will be reduced in size and the City will probably receive the proposal sometime in January. The time schedule shown is only the EIS process. After the EIS is complete, applicants could apply for public hearings to consider rezontng, Comprehensive Plan amendment and a conditional use permit. Marie Marden, of Lakeville, asked if an amendment to the project is submitted, would it be considered under the same EIS? Mr. Melena said it depends on what kind of amendment. If the size is reduced and does not include a lake system, it would probably be under the same EIS. CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 1990 Page 5 Shirley Fischer, 4960 West 148th Path, questioned the time table and number of acres in the reduced scope. Mr. Melena said the timelines show the minimum requirements for notice, publication and review period depending on when tho documents are submitted to the City. Mr. Welsch reviewed a map showing a reduced scope of 350 acres of new mining. Lynette Mulvihill, 7384 Upper 164th Street, asked if the area north of Valley Park will be mined? Mr. Melena said the consultants have indicated that unless all the property approximately between Galaxie and Pilot Knob, along 160th Street, is included, it will not be economically viable to mine in the area. There would be surface grading in the area only. Joyce Wittman, of Lakeville, questioned future mining on property shown as being owned by McNamara if it were sold to Fischer. Mayor Branning said indications are that property is being removed from the proposal. If it is excluded from the EIS now, they would have to start over with a new proposal in the future even if it sold to Fischer. Mr. Welsh noted that if the amendment does not include mining along 160th Street, buffering along 160th Street will not be addressed. Ms. Mulvihill asked if the truck traffic will use County Road 46? Mr. Melena said indications are they want to use County Road 42. These are major questions which remain to be addressed once a proposal is submitted. Kathy Arbour, 14839 Endicott Way, asked if the timelines means the final EIS needs to be submitted to the Council by February 28, 19917 Mr. Welsch said it only shows the sequence if it is submitted by that date; everything depends on when it is submitted to the City. Councilmember Savanick said the schedule shows approximately two for the EIS process, what is the procedure after that? Mr. Welsch said the Comprehensive Plan amendment, rezoning and conditional use process will take at least 60 to 90 days. MOTION: of Holton, seconded by Savanick, accepting the resignation of Virginia Sterling from the Planning Commission effective after its January 2, 1991, meeting due to her election to the City Council. Ayes - 5 - Nays - 0. STERLING P.C. RESIGNATION Councilmember Savanick asked why some areas of the City are still RUSTY WATER having problems with rusty water. Mr. Melena said water main breaks have caused some of the probloms and in some older areas of the City it is taking longer to clean out the accumulation of rust in the pipes. Councilmember Savanick said the maintenance crews should be commended for their work over the weekend dealing with water main breaks and snow removal. Mayor Branning noted that as of December 31st he will be leaving MAYOR FAREWELL office since he did not seek reelection. He expressed his thanks to the staff, his wife, Judy, and daughters, Julie and Joleen who were present. CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 1990 Page 6 MOTION: of Savanick, seconded by Holton, expressing appreciation to Willis Branning for his more than 20 years of service to the City of Apple Valley, serving as Mayor and Councilmember. Ayes - 5 - Nays - 0. BRANNING APPRECIATION CLAIMS & BILLS MOTION: of Holton, seconded by Humphrey, to pay the claims and bills, checks numbered 69766, 81485 through 81651 and 81661 through 81748, in the total amount of $6,199,397.22. Ayes - 5 - Nays ~ O. MOTION: of Branning, seconded by Holton, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:35 o'clock p.m.