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HomeMy WebLinkAbout02/11/1993CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 11th, 1993, at 8:00 o'clock p.m. at Apple Valley City Hall. PRESENT: Mayor Branning; Councilmembers Erickson, Goodwin and Sterling. ABSENT: Councilmember Humphrey. 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, Fire Captain Hammerstad, Parks & Recreation Director Johnson, City Planner Kelley, Police Chief Rivers, Fire Chief Tuthill, Assistant City Administrator Weldon 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 Erickson, seconded by Goodwin, approving the agenda for tonight's meeting as amended. Ayes - 4 - Nays - O. APPROVE AGENDA AUDIENCE DISC. CONSENT AGENDA JAN. 28, 1993 MINUTES CHILD SAFETY PROCLAMATION RES. 1993-21 LEGION D.A.R.E DONATION RES. 1993-22 MSA TUITION REIMBURSEMENT 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 Goodwin, seconded by Sterling, moving consideration of fire truck refurbishing, boulevard tree planting and personnel items to the regular agenda and approving all remaining items on the consent agenda. Ayes - 4 - Nays - O. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Sterling, approving the minutes of the regular meeting of January 28th, 1993, as written. Ayes 3 - Nays - 0 (Sterling Abstained). MOTION: of Goodwin, seconded by Sterling, proclaiming February 8th to 14th, 1993, to be ' Child Passenger Safety Awareness Week in Apple Valley". Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-21 accepting, with thanks, the donation of $2,000.00 for the Police Department D.A.R.E. Program from Apple Valley American Legion Post 1776. Ayes - 4 - Nays - O. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-22 approving the Agreement with MnDOT for appropriation of funds from the Municipal State-Aid Administrative Account for reimbursement of engineering personnel tuition costs for the Technical Certification Program in an amount not to exceed $5,000.00. Ayes ~ 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 2 MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-23 setting a public hearing at 8:00 p.m. on March 11, 1993, to consider vacating easements on Lots 1 and 2, Block 3, Academy Village. Ayes - 4 - Nays - 0. RES. 1993-23 SET VACATION HEARING RES. 1993-24 HIGHPOINT FINAL PlAT BRA 1993 ENGINEER RATES MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-24 approving the final plat and subdivision agreement for Highpoint Addition and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays ~ O. MOTION: of Goodwin, seconded by Sterling, approving the revised 1993 general engineering hourly rate schedule for Bonestroo, Rosene, Anderlik & Associates, Inc., as described in its letter dated December 29, 1992. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, approving Agreement No. 93-01 for Dakota County Project No. 31-39, installation of a traffic signal at the intersection of County Road 31 (Pilot Knob Road) and County Road 38 (McAndrews Road), and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. SIGNAL AGREEMT CR 31 & CR 38 1993 MOBILE HOME PARK REPORTS FUND TRANSFER TO EDA ARBITRATION LEGAL FEES RES. 1993-25 LEGAL REPRE- SENTATION IN MPRS LAWSUITS MOTION: of Goodwin, seconded by Sterling, accepting the 1993 annual inspection reports for Cedar Knolls Mobile Home Park and Eaton Mobile Home Park as contained in the Associate Planner's memo dated February 8, 1993. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Sterling, authorizing the transfer of $120,000.00 (of $259,682.19 received for sale of the Cedar Knolls property to the Dakota County HRA) from the CIP Development Fund to the. Apple Valley Economic Development Authority. Ayes - 4 - Nays ~ 0. MOTION: of Goodwin, seconded by Sterling, approving payment of $28,247.14 to the Popham Haik law firm for legal fees incurred in representing the City in the arbitration hearing relative to the dismissal of Police Officer Charles Bengston. Ayes - 4 ~ Nays - 0. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-25 authorizing Holmes & Graven to represent the City in lawsuits commenced by John Starks and Christopher Fields related to hiring practices of the Minnesota Police Recruitment System, Ayes - 4 - Nays - 0. END OF CONSENT AGENDA Councilmember Sterling asked if refurbishment of the two fire pumper FIRE TRUCK trucks is included in the 1993 budget? Mr. Melena said the 1993 budget REFURBISHMENT CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 3 provided for one truck to be done. Preliminary figures show an end of the year 1992 balance of approximately $274,000. It is suggested 1992 funds be used to refurbish both trucks. MOTION: of Erickson, seconded by Sterling, allocating $54,000.00 from the 1992 General Fund Budget for refurbishing two Fire Department pumper trucks as requested in the Fire Chief's memo dated February 8, 1993. Ayes ~ 4 - Nays - 0. FIRE TRUCK REFURBIS.HMENT FUNDING Councilmember Sterling asked if the proposal for boulevard tree plant- TREE PLANTING ing included a previous request for two trees? Mr. Gretz said that request for planting was completed in 1992. Mr. Melena said there will be other requests for tree planting brought in later this year. MOTION: of Sterling, seconded by Erickson, approving the requests for boulevard tree planting along 142nd Street, between Johnny Cake and Pilot Knob; along Baldwin Drive, Between Baldwin Circle and Hopewell; and at Valley Middle Park; at a cost of approximately $5,280.00, as described in the Forestry memo dated January 25, 1993. Ayes - 4 - Nays - 0. 1993 BOULEVARD TREE PLANTING Councilmember Sterling asked why three people are being hired as A-V OPERATORS audio-video operators? Mr. Johnson said these are part-time positions and will provide a pool of operators to be available for different meetings. MOTION: of Sterling, seconde'd by Goodwin, approving hiring the part- HIRE PART-TIME time and seasonal employees as listed in the Personnel EMPLOYEES Report dated February 11, 1993. Ayes - 4 ~ Nays - 0. Mr. Welsch reviewed the memo dated February 11, 1993, concerning a SAND & GRAVEL determination of adequacy on the Final Environmental Impact Statement MINING (FEIS) for sand and gravel mining operations south of County Road 42. FINAL EIS The Addendum to the report specifically addresses the request of January 28, 1993, for additional information on global warming, radon gas emission and vibration. Evaluation of these three additional issues does not change the conclusion that the FEIS addresses all of the points required to be evaluated. He reviewed the revised calendar of actions if action is taken tonight. The Notice of Adequacy would be published in the EQB Monitor on March 1, 1993, Completing the process. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-26 approving the document entitled "FINDINGS ON FINAL ENVIRONMENTAL IMPACT STATFAMENT - Consolidated End Use Concept for Sand & Gravel Operations South of Dakota County Road No. 42" as the formal decision regarding the adequacy of the Final Environmental Impact Statement referenced therein. RES. 1993-26 FINDING OF GRAVEL FEIS ADEQUACY CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 4 Councilmember Erickson asked if the reduced scope FEIS excludes property not owned by gravel operators? Mr. Welsch said 80 acres in the southeast corner is not included for mining purposes, but shown on maps as to how it could be incorporated into the end use plan. Councilmember Sterling asked if the storm water concern is adequately addressed? Mr. Gretz said this issue will have to be addressed regardless of whether gravel mining occurs. They will be working with the City of Lakeville to resolve the issues outside of the EIS process. Mayor Branning commended Staff for providing information to complete the EIS process. He noted there is still a long way to go before any gravel mining oould begin. They must proceed through the rezoning and permit process. If it is not requested by the owner of the property there will be no mining. Joyce Wittman, 16185 Franchise Avenue, expressed concern about a reduced scope mining operation since the end use concept dealt with the entire area. If it is reduced, the end use will change and the impacts will be different. If only one operator does mining, the plan may not be followed. If other operators do not know the costs of compliance with the plan (using a Swedish plant, road construction, etc.) they may not join in the operation. Councilmember Erickson asked if there is any requirement to use a Swedish plant and do we know what operators will be involved? Mr. Welsch said the permitting process would stipulate the equipment to be used. The EIS does not stipulate regulations. No applications for mining have been submitted and each application will have to be reviewed and evaluated. Francine Katz, 7124 West 158th Street, asked what the difference is between temporary sand and gravel use and zoning? Mr. Welsch said the City's ordinance does not call it a temporary use. Sand and gravel mining is a permitted use in a sand and gravel zoning district. Mr. Gretz said about ten years ago it was dealt with as a temporary use and an end use plan was required. It was recognized that sand and gravel mining was such a long term procass that the end use could not be determined and the ordinance was changed. Ms. Katz asked if the Rechtzigel property is included? Mr. Welsch said the property was included in the text of the original document, but not shown on the map. The map has been corrected and the property included in the study. If an application is made to mine gravel on the Rechtzigel property, it would have to be evaluated as to whether a supplemental EIS is needed on that property only. Councilmember Stsrling asked what would have to be done if they wanted to mine on the Pahl property, east of Galaxie Avenue? Mr. Welsch said it would have to have an EIS because that property has not been included. Raschell Simmons, 6129 West 161st Street, commented on a statement concerning allergic reactions to dust. She checked with health care professionals and they advised that increased dust in the air will aggravate allergic reactions. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 5 Ann Gergen, 15810 Gallery Avenue, asked what a Swedish plant is and whether radon gas could be a problem in the plant? Mr. Welsch said it is a type of enclosed concrete plant. Processing within the plant and required ventilation would not allow radon gas to build up, Ms. Gergen asked if another EIS would be done if only one operator applies for a gravel mining permit? Mayor Branning said the application would have to be looked at as to how it relates to the overall study. Robert Erickson, Lakeville City Administrator, referred to his January 18, 1993, letter to the Apple Valley City Planner and said they are opposed to proposed sand and gravel mining. If it is considered a temporary use, it should not need reviewed by the Metropolitan Council. Mr. Welsch said the plan was submitted to the Metropolitan Council which made a determination that sand and gravel mining is a temporary land use because at some point, mining will be completed and another use instituted. When actual sand and gravel zoning placed on property, that is not temporary. The zoning remains until it is changed. Councilmember Goodwin noted there are more steps to go in the process before any gravel mining would begin. Part of the land included in the study area may not even have gravel available to be mined. Vote was taken on the motion. Ayes - 4 - Nays - 0. Mayor Branning called the public hearing to order at 9:11 p.m. on PUBLIC HEARING Project 93-404, Highpoint Utility and Street Improvements, and noted PROJ. 93-404 receipt of the affidavit of publication of the hearing notice. Mr. HIGHPOINT Gordon reviewed the preliminary engineering report. Mr. Adelmann has not been contacted yet about extending 133rd Street through his property, but they will be talking to him next week. The grading plan will allow the street to be connected without having to tear up the existing street in Hallwood Highlands. The Mayor asked for questions or comments. There were none and the hearing was declared closed at 9:16 p.m. MOTION: of Erickson, seconded by Sterling, adopting Resolution No. 1993-27 ordering installation of Project 93-404, Highpoint Utility and Street Improvements. Ayes - 4 - Nays - 0. RES. 1993-27 OP, DER PROJECT 93-404 PENNOCK POINT SUBDIVISION RES. 1993-28 PENNOCK POINT COMP. PLAN AM. Mr. Kelley reviewed the Planning Commission report on the proposed Pennock Point development, for eight single family home lots, located north of County Road 38 and west of Pennock Avenue. MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-28 amending the Comprehensive Plan Guide Plan Map by changing the designation on the proposed Pennock Point development property from "LD" (low density multiple residential) to "SF" (single family) as recommended by the Planning Commission. Ayes - 4 - Nays ~ 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 6 MOTION: of Erickson, seconded by Sterling, passing Ordinance No. 550 rezoning the proposed Pennock Point development property from "R-1" to "R-3" as recommended by the Planning Commission. Ayes - 4 - Nays - 0. ORDINANCE 550 REZONE PENNOCK POINT MOTION: of Goodwin, seconded by Sterling, adopting Resolution No. 1993-29 approving the preliminary plat of Pennock Point and directing preparation of a subdivision agreement with conditions, as recommended by the Planning Commission. RES. 1993-29 PRELIM. PLAT PENNOCK POINT Mr. Melena asked where the sidewalk will be on Pennook Avenue. Mr. Kelley said the transportation plan shows sidewalk on both sides of Pennock. This development will be required to escrow funds to pay for future sidewalk construction. Mr. Malena said this may be an area to include in this sununer's sidewalk construction projects. Vote was taken on the motion. Ayes - 4 - Nays - 0. Fire Chief Tuthill and Fire Captain Hammerstad briefed the Council FIRESTONE on the January 28, 1993, fire which destroyed the Firestone building BUILDING FIRE at Apple Valley Square. It was estimated at a $500,000 loss. They showed a video taken during the fire and slides of the fire scene to demonstrate the magnitude of the fire. The Chief expressed appreciation for cooperation among all the City departments in providing assistance. The building did not have a sprinkler system. Firestone has indicated it will be rebuilding and Chief Tuthill said they will be encouraged to install a sprinkler system. The Department will soon be making a recommendation to the Council on improving sprinkler provisions in the Fire Code. Mr. Melena reviewed the provisions for appointment of a member to the ALF Ambulance Operating Board; that is, it must be a member of the City Council. The Council agreed to hold action on an appointment until its meeting of February 25, 1993. ALF BOARD APPOINTMENT Mr. Ballenger distributed copies of quotations, received today, from 1993 INSURANCE LMCIT for 1993 insurance program renewal. The premium listed for RENEWALS workers' compensation is an estimate and a final amount will not be available until February 25, 1993. Mark Flaten, of American Risk Services, and Bill Velin, of Professional Insurance Agency, were present. Mr. Flaten commented on the workers' compensation experience modification change and noted it was adversely affected by two substantial claims in 1991-1992. Mr. Flaten said the proposal does not include joint powers entities coverage. Due to the recent lawsuit against MPRS, which involves 36 cities, LMCIT is determining how to provide coverage for cities and may not have an answer until later in March. Mr, Melena said LMCIT has agreed that it will cover MPRS in the suit. All costs paid by LMCIT will be billed to MPRS which, in turn, will allocate those costs to its members. CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 7 MOTION: of Goodwin, seconded by Sterling, approving renewal of the City's 1993 insurance program with the League of Minnesota Cities Insurance Trust at a premium of $240,938.00 excluding workers' compensation and joint powers entity coverages and requesting a report back on these coverages by February 25~ 1993. Ayes - 4 - Nays - 0. 1993 LMGIT INSURANCE RENEWAL PAY EQUITY COMPLIANCE The Council received the Personnel Director's memo dated February 11, 1993, advising that the City has received its official notification of compliance with the Local Government Pay Equity Act. Ms, Boland noted the City's next report to the State will be due January 31, 1994. The Council meeting was recessed at 10:11 p.m, for the purpose of EDA MEETING conducting an Economic Development Authority meeting. Following the Economic Development Authority meeting, the Council meeting reconvened at 10:15 p.m. MOTION: of Sterling, seconded by Erickson, to close the meeting, under the provisions of M.S. 471.705, Subd. la, to consider strategy for labor negotiations with Police Union LELS. Ayes - 4 - Nays - 0. CLOSE MEETING The meeting was closed at 10:16 p.m. and the Council convened in the Conference Room along with City Attorney Sheldon, City Administrator Melena, City Clerk Mueller, Personnel Director Boland, Police Chief Rivers and Assistant Administrator Weldon. The proceedings were tape recorded, pursuant to law. The Council reconvened in open session at 10:47 p.m. in the Council Chambers at which time Parks & Recreation Johnson was also present. The Council received the City Clerk's memo dated February 8, 1993, COMMISSION/ with a list of commission and committee members showing terms expiring COMMITTEE March i, 1993, It was also noted there are vacancies on the Planning APPOINTMENTS Commission and Urban Affairs Committee. Appointments will be eon- sidered February 25, 1993. The Council also received a reminder of positions on regional and intergovernmental agencies and boards. The Council was reminded of the National League of Cities annual NLC CONFERENCE Congressional City Conference, March 6-10, 1993, in Washington, D.C. Mayor Branning said he will not be able to attend. Gouncilmembers Humphrey and Sterling will be attending and if other members would like to attend, the registration can be changed. The Council was reminded of the League of Minnesota Cities annual LMC CONFERENC~ conference in St. Cloud, June 8-11, 1993. Mayor Branning noted that Councilmember Sterling is a member of the Planning Committee as well as Revenu~ Sources and Budget Committees. The Council discussed preparations for video taping Council meetings. Mr. Melena said the intent is to begin cablecasting the meetings be- ginning with the first meeting in March. MEETING CABLECASTS CITY OF APPLE VALLEY Dakota County, Minnesota February 11, 1993 Page 8 Mayor Branning said Representative Orfield's legislation, concerning ORFIELD metropolitan housing plans (Community Stability Act), is expected to LEGISLATION be introduced next week. Mr. Weldon said a meeting on it will be held February 19, 1993, at 8:00 a.m., in Room 300N of the State Office Building. Mayor Branning reminded the Council that a joint informal meeting with the Board Members of Independent School District 196 will be held at City Hall on February 16, 1993, at 7:00 p,m. SCHOOL BOARD MEETING CLAIMS &.BILLS MOTION: of Erickson, seconded by Sterling, to pay the claims and bills, check registers dated February 3, 1993, in the amount of $3,989,698.38; and February 10, 1993, in the amount of $3,974,097.35. Ayes - 4 - Nays - O. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 4 - Nays ~ O. The meeting was adjourned at 11:09 o'clock p.m.