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HomeMy WebLinkAbout01/28/1993CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 28th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin and Humphrey. ABSENT: Councilmember Sterling. City staff members present were: City Administrator Melena, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Finance Director Ballenger, Personnel Director Boland, Public Works Director Gretz, Utilities Superintendent Heuer, Associate Planner Hickok, Parks & Recreation Director Johnson, Building Official Miranowski, Police Chief Rivers, Assistant to the City Administrator Weldon, Community Development Director Welsch and Recreation Specialist Zinck. 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 Erickson, seconded by Humphrey, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - 0. APPROVE AGENDA Mayor Branning read a resolution proclaiming February 13 and 14, 1993, MID-WINTER "Mid-Winter Fest" in Apple Valley. Laura Ochs, Chair of the Mid-Winter FESTIVAL Fest Committee, distributed information on the events planned and noted that this is the 16th annual celebration for the City. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1993-13 proclaiming February 13 and 14, 1993, "Apple Valley Mid-Winter Fest, '93" and encouraging citizens to support and participate in the celebration. Ayes - 4 - Nays - 0. RES. 1993-13 PROCLAIM MID- WINTER FEST AUDIENCE DISC. Mayor Branning asked if anyone was present to address the Council at this time on any item not on this meeting's agenda. No one was present to speak. MOTION: of Humphrey, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA JAN. 14, 1993 MINUTES VOLUNTEERS OF AMERICA WEEK CONSENT AGENDA ITEMS MOTION: of Humphrey, seconded by Goodwin, approving the minutes of the regular meeting of January 14th, 1993, as written. Ayes 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, proclaiming March 7th to 14th, 1993, to be "Volunteers of America Week in Apple Valley". Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 2 MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-14 accepting the Apple Valley Firefighters Relief Association donation of 1992 Booya fund raiser profits, in the amount of $4,600.00, and authorizing payment of the same to the Association's Special Fund. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving issuance of a temporary on-sale 3.2 beer license to Midwest Sport Events, Inc., at Hayes Field, 14603 Hayes Road, on February 13 and 14, 1993. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving issuance of a dance permit, under City Code Sections 4-20 to 4-29, to the Mid-Winter Fest Committee for a community dance at Apple Valley Community Center on February 13, 1993, subject to presence of a Police Officer. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, authorizing a fireworks display at Valleywood Golf Course and Park on February 14, 1993, in connection with the Mid-Winter Fest celebration. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving issuance of temporary on-sale liquor licenses by the Minnesota Department of Public Safety, Liquor Control Division, to the Minnesota Zoological Garden for after-hours functions on February 13 and 27, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving renewal, for 1993, of licenses and permits for: coin-operated devices, filling stations and precious metal dealers; as listed in the City Clerk's memo dated January 25, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Edward Kraemer & Sons Inc./Barton Sand & Gravel Co. 1993 excavation permit for the Northwest Quarter of Section 35, except the north 525 feet, subject to conditions described in the Community Development Director's memo dated January 22, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving 1993 fees for Apple Valley Sports Arena, with an ice rental rate of $105.00 per hour, and for Valleywood Golf Course, with a regular 18-hole rate of $18.00, 9-hole rate of $12.75 and other fees as listed in the Parks & Recreation Director's memo dated January 25, 1993. Ayes ~ 4 - Nays - 0. RES. 1993-14 FIRE RELIEF ASSN. DONATION TEMPORARY BEER LICENSE MID-WINTER FEST DANCE MID-WINTER FEST FIREWORKS ZOO LIQUOR. LICENSES 1993 LICENSES & PERMITS KRAEMER/BARTON EXCAVATION PERMIT GOLF & ARENA 1993 FEES CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 3 MOTION: of Humphrey, seconded by Goodwin, authorizing the expenditure of $6,080.00 for office modifications to the Administration area at City Hall by RDS Builders, based on its quotation of January 18, 1993, and authorizing the issuance of a building permit and waiving the fee therefor as described in the City Administrator's memo dated January 25, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Coodwin, adopting Resolution No. 1993-15 approving specifications for a 16-foot large scale rotary mower for Park Maintenance and authorizing advertising for bids to be received at 2:00 p.m. on February 16, 1993. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-16 approving specifications for a single axle cab chassis equipped with a self-contained road repair patching system for Street Maintenance and authorizing advertising for bids to be received at 2:00 p.m. on February 16, 1993. Ayes - 4 - Nays ~ 0. MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No~ 1993-17 approving the final plat and subdivision agreement for Gardenview Place First Addition and authorizing the Mayor and Clerk to sign the same. Ayes ~ 4 - Nays - 0. ADMIN. AREA OFFICE MODIFY RES. 1993-15 TAKE BIDS PARK MOWER MOTION: of Humphrey, seconded by Goodwin, adopting Resolution No. 1993-18 awarding the contract for Project 92-403, Gardenview Place Utility Improvements, to CECA Utilities, the low bidder, in the amount of $177,279.50. Ayes - 4 - Nays MOTION: of Humphrey, seconded by Goodwin, approving Change Order No. 1 to the contract with Inland Utility Construction for Project 92-401, Pilot Hill Utility Improvements, in the amount of a $3,360.58 deduction. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, approving Supplemental Agreement No. 1 with the Minnesota Department of Transportation for the contract with Valley Paving, Inc., for Project 92-382, 1992 MSA Street Overlays, for MSA funding in the amount of an additional $58,819.20. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, accepting Project 92-382, 1992 MSA Street Overlays, as final and authorizing final payment on the contract with Valley Paving, Inc., in the amount of $48,181.97. Ayes - 4 - Nays - O. RES. 1993-16 TAKE BIDS STREET PATCHER RES. 1993-17 FINAL PLAT G.V. PLACE 1ST RES. 1993-18 AWARD CONTRACT PROJ. 92-403 CHANGE ORDER 1 PROJ. 92-401 SUPPLEMENTAL MSA AGREEMENT PROJ. 92-382 FINAL PAYMENT PROJ. 92-382 CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 4 MOTION: of Humphrey, seconded by Goodwin, authorizing the Army National Guard, 34th Military Police Company, to conduct a natural disaster training exercise in the City from April 30 through May 2, 1993, as requested in its letter dated January 20, 1993. Ayes - 4 ~ Nays - 0. NATIONAL GUARD TRAINING EXERCISE ISD 196 BOARD MEETINGS A.V./EAGAN A.V. HEALTH CARE CENTER THANK YOU PUBLIC WORKS SECRETARY POS. MOTION: of Humphrey, seconded by Goodwin, receiving a letter dated January 15, 1993, from Independent School District 196 concerning the possibility of holding its Board meetings in Apple Valley and Eagan Council Chambers and using the Cable TV facilities. Ayes - 4 - Nays - 0. MOTION: of Humphrey, seconded by Goodwin, receiving a letter dated January 12, 1993, from Apple Valley Health Care Center expressing appreciation for Police and Fire Department responses to its emergencies and to Mike Hammerstad for his extra efforts. Ayes - 4 - Nays - O. MOTION: of Humphrey, seconded by Goodwin, approving classification of the position of Public Works Secretary at pay scale 2 as recommended in the Personnel Report dated January 28, 1993. Ayes - 4 - Nays ~ O. END OF CONSENT AGENDA Mr. Gretz reviewed his report dated January 21, 1993, concerning Apple A.V./LAKEVILLE Valley/Lakeville storm water and groundwater issues. During the STORM WATER Envirornmental Impact Statement (EIS) process for gravel mining opera- CONCERNS tions, concerns over storm water drainage from Apple Valley into Lakeville were expressed. The purpose of this report is to address those issues related to the area south of 160th Street between Galaxie Avenue and Dodd Road. He referred to a January 12, 1984, letter from the City Engineer to Lakeville when development was proposed in the area. It was noted that there is a major drainage swale crossing the property which drains approximately 1,300 acres of agricultural property. There were and still are two culverts in place under 160th Street which restrict the flow of storm water into Lakeville. Construction of ponds or a lake as part of any type of development in Apple Valley could reduce the rate of runoff entering Lakeville. This ponding will occur regardless of what land uses take place and the issue is not related to the gravel mining EIS. The issue of groundwater recharge would also involve ponding and he noted there are several engineering solutions overflow situations. Meetings have been held with Lakeville Staff and they will continue to do so to resolve the issues. Bob Erickson, Lakeville City Administrator, referred to a January 11, 1993, letter from Attorney Raymond Haik which took exception to Apple Valley Engineer's statements. There is a discrepancy in the drainage area flowing into Lakeville; instead of 1,300 acres, it has now increased to over 5,000 acres. They believe this issue remains a concern in the EIS and is not adequately addressed. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 5 Councilmember Erickson asked for clarification of the drainage area. Mr. Gretz said the master storm sewer plan is always under revision due to land use changes. It takes into account what will result when the property develops. The controlling factor now is the two culverts which restrict water flow. More can be gained by working with Lakeville to resolve the issued. Mr. Melena said this has been a long standing problem and whether or not there is gravel mining in the area, Staff will work to resolve it. MOTION: of Humphrey, seconded by Goodwin, accepting Staff recommendation, as contained in the memo dated January 21, 1993, determining that storm water and groundwater concerns are adequately addressed in the gravel mining FEIS and directing Staff to work with the City of Lakeville to resolve issues between the two cities as soon as possible. Ayes - 4 - Nays - O. STORM WATER GRAVEL FEIS ADEQUACY Councilmember Humphrey left the Council Chambers at this time, 8:30 p.m. MOTION: of Goodwin, seconded by Erickson, adopting the document entitled "FINDINGS ON FINAL ENVIRONMENTAL IMPACT STATEMENT - Consolidated End Use Concept for Sand & Operations South of Dakota County Road No. 42" as the formal decision regarding the adequacy of the Final Environmental Impact Statement referenced therein. FINDING OF GRAVEL FEIS ADEQUACY Mayor Branning read a statement submitted by Councilmember Humphrey indicating that because he is involved in the real estate business representing one of the property owners in the gravel FEIS area he will not act on the issue. He was advised that it is not a conflict of interest, but left to avoid any concern or appearance of impropriety. Mr. Welsch reviewed the report dated January 28, 1993, on the gravel mining FEIS. The FEIS does not guarantee no impact, but identifies impacts so future decisions can be made with awareness of environmental concerns. He reviewed the history of considerations from 1988 to date and noted completion of the EIS process does not include approval of other issues yet to come; Comprehensive Plan amendment, rezoning, etc. He reviewed each of the findings in the report, noting three issues from the 1990 document were adequately addressed and did not require further investigation; they were, potential noise pollution, economic and employment impacts. There were 16 issues which needed revisions and he reviewed each of those and the adequacy of the response in the FEIS. Eight issues were raised which did not relate to any topic identified in the DEIS. Councilmember Erickson asked if the FEIS document meets the necessary requirements from a legal point of view? Mr. Welsch said yes, it does. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 6 Councilmember Goodwin said approving this document is one step in the process and really only brings the City to the beginning of the process of considering gravel mining as far as land use, permitting issues, etc., are concerned. Mayor Branning said gravel mining has been an issue in the City since 1969 and he understands the citizens' concerns. He believes a resolution can be reached that is good for everyone. He noted the City has worked with its neighbors on joint projects and will continue to do so. The document being considered is a factual document which allows the process to proceed to the next step. Francine Katz, 7124 West 158th Street, asked if the FEIS addresses vibration pollution and radon gas emissions? Mr. Welsch said neither of those were identified in the original scoping document or draft EIS because they were not considered significant issues. Ms. Katz said now that there is new information on radon gas, it should be researched and addressed. Mayor Branning said these issues were not brought up during the comment period and asked if they can be addressed? Mr. Melena said the EIS comment period closed January 18, 1993, but that does not mean issues cannot be addressed independent of the EIS. Ms. Katz said if these issues were neglected in the EIS, perhaps the City should question whether it is adequate. Mayor Branning said this is a legal process and asked how to proceed? Mr. Sheldon said, in the EIS process, the City is entitled to additional information on questions that were part of the original EIS, but not issues added now. Councilmember Goodwin asked if the EIS process can be reopened? Since it took three years to get to this point, a little more time should not matter. Councilmember Erickson concurred. Chip Halverson, 6062 Lower 161st Street, questioned the EIS response on property value concerns. In other areas, the gravel mining existing before the homes came. Did the study address gravel mining coming in after homes? Did the study take into account the way home values, in general, increased in the past or what factor was used? Councilmembar Erickson asked how these questions should be approached procedurally? Mr. Welsch said if the Council is not comfortable approving the document as is or addressing these issues independently, he could confer with the Environmental Quality Board and ask how to proceed. Diane Nagler, 15642 Heywood Way, questioned whether impact on the global environment from strip mining the area was adequately addressed. Mayor Branning said that before anything proceeds, a request to rezone will have to be considered. Councilmember Goodwin asked Staff to contact the proposers and ask if they would be amenable to quantifying vibration pollution and radon gas emission questions. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 7 MOTION: of Erickson, seconded by Goodwin, tabling consideration of the Sand and Gravel Mining FEIS until February 11, 1993, to allow Staff to determine how to procedurally address issues of vibration pollution, radon gas emission and impact on global environment, brought up now that were not submitted during the comment period which closed January 18, 1993. Ayes - 3 - Nays - 0. TABLE GRAVEL MINING FEIS ADEQUACY The Council meeting was recessed at 9:45 p.m. and reconvened at 10:05 p.m. at which time Councilmember Humphrey returned to the room. Mr. Melena reviewed the recommended 1993 employee pay and benefit plan 1993 PAY PLAN as detailed in the Personnel Director's memo dated January 28, 1993. MOTION: of Erickson, seconded by Humphrey, adopting Resolution No. 1993-19 approving the 1993 pay and benefit plan for Schedule I, II, III, part-time, and seasonal employees, and volunteer firefighters as recommended in the Personnel Director's memo dated January 28, 1993. Ayes - 4 - Nays - 0. RES. 1993-19 1993 PAY & BENEFIT PLAN ORDINANCE 549 OVERTIME AMENDMENTS MOTION: of Goodwin, seconded by Humphrey, passing Ordinance No. 549 amending City Code Sections 16-12(e) and (g) by making the investigative sergeant position eligible for two-hour minimum call back overtime and allowing non-exempt employees the annual option of cashing out all, or part of, the employee's compensatory time bank. Councilmember Erickson said he is concerned that the buy-back provision may encourage people not to take time off and noted it is not done in private industry. Ms. Boland said the compensatory time can only be accumulated up to 80 hours. It is not done in private industry because it is not allowed under the Fair Labor Standards Act. Mayor Branning asked for a report on the policy and usage in Fall of 1993. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mr. Welsch reviewed the concept for a business incubator program. BUSINESS Its purpose would be to reduce start-up costs for small businesses INGUBATOR wanting to locate or relocate in Apple Valley. Funding would come PROGRAM from a specific revolving loan pool. The rent reduction loan could reduce rent for two years. The business would have to remain in the City for at least five years and repay the loan during years 6 to 10. Mayor Branning said he would like any action to be a show of intent at thie time rather than implementation. He would like to see the program developed to retain existing businesses as well as promote new business, Mr. Melena reviewed a proposed Economic Development Authority budget for 1993 through 1996 showing were funding for the loan pool could be provided. CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 8 MOTION: of Goodwin, seconded by Erickson, agreeing, in principle, BUSINESS with the concept of a Business Incubator Program, as PROGRAM outlined in the Planning report dated December 21, 1992. QONCEPT Wilton Anderson, 5441 West 134th Street, asked if this program isn't inconsistent with support for the concept that citizens shouldn't expect government to do everything for everyone? Mayor Branning said, in a competitive market, businesses will locate where they get the best deal. Loss of tax base by a business, and its employees, leaving the community affects everyone. While they stay, they generate tax base for the benefit of the community. Councilmember Humphrey said this program should also be available for businesses that by their existence in an area may attract ancillary businesses. Vote was taken on the motion. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1993-20 prohibiting parking, from September to June 15th, Monday to Friday, 7:00 a.m. to 3:00 p.m., on the Guthrie Avenue cul de sac along Lots 2 through 8, Block l, Carrollwood Village 3rd Addition, as requested by the residents. Ayes - 4 - Nays - 0. RES. 1993-20 14200 GUTHRIE CUL DE SAC NO PARKING MOTION: of Humphrey, seconded by Erickson, authorizing preparation of specifications for purchase and installation of a 1,000 kilowatt standby generator for the water treatment plant as described in the Utilities Superintendent's memo dated January 15, 1993. PREPARE WTP GENERATOR SPECIFICATIONS Mayor Branning thanked Mr. Heuer for bringing this, and its potential electrical cost saving, to the Council's attention. Vote was taken on the motion. Ayes - 4 - Nays - O. The Council received the City Clerk's memo dated January 25, 1993, thanking the Planning Committee, Council, Administrator and Department Heads for the employee recognition holiday party. Mayor Branning also expressed appreciation to the planning committee for the excellent reception. EMPLOYEE RECOGNITION PARTY Mayor Branning noted that Mr. Sheldon has prepared a summation of the Council's informal goal setting meeting held January 23, 1993, at Valleywood Golf Course. Mr. Sheldon said he will place a copy on file with the City Clerk. GOAL SETTING SUMMATION Mr. Melena said the U.S. Conference of Mayors has asked cities for information on transportation and CDBG qualified projects which are "Ready-To-Go" except for funding. It would like the items by February 4, 1993, to submit to Congress. "READY-TO-GO" PROJECTS CITY OF APPLE VALLEY Dakota County, Minnesota January 28, 1993 Page 9 Councilmember Humphrey suggested the northern and downtown park and ride lots be listed. The Mayor noted that any other items should be submitted to the City Administrator for transmittal. MOTION: of Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated January 20, 1993, in the amount of $1,024,702.21; and January 27, 1993, in the amount of $1,657,684.79. Ayes - 4 - Nays ~ 0. CLAIMS & BILLS MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:35 o'clock p.m.