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HomeMy WebLinkAbout04/14/1988CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Minutes of the regular meeting of the City Council Of Apple Valley, Dakota County, Minnesota, held April 14th, 1988, at 8:00 o'clock p.m. at 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, City Engineer Gordon, Personnel Director Boland, Public Works Director Gretz, Parks & Recreation Director Johnson, City Planner Kelley and Assistant Administrator Lawell. 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 MAR. 24, 1988 MINUTES MAR. 31, 1988 MINUTES AUDIENCE DISCN CONSENT AGENDA STREET LIGHT INSTALLATIONS SCHOOL DISTRICT USE OF HAYES COMMUNITY CTR. USE OF STREETS FOR BIKE-A-THON MOTION: of Goodwin, seconded by Holton, approving the minutes of the regular meeting of March 24th, 1988, as written. Ayes - 4 - Nays - 0 (Humphrey Abstained). MOTION: of Holton, seconded by Humphrey, approving the minutes of the special meeting of March 31st, 1988, as written. Ayes ~ 4 - Nays - 0 (Goodwin Abstained). Mayor Branning asked if any one was present to address the Council at this time on any item not on this meeting's agenda. There was no one present to speak. MOTION: of Holton, seconded by Humphrey, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Holton, seconded by Humphrey, authorizing installation of street lights at the intersections of Dominica Way and Diamond Path, 129th Street and Diamond Path, 138th Street and Pilot Knob and Safari Pass and Galaxie Avenue by Dakota Electric at a cost of $1,550.00. Ayes ~ 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing the Park & Recreation Director to negotiate with School District 196 for its use of a portion of Hayes Community Center for the 1988- 89 school year as described in his memo dated April 4, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing use of 142nd Path, 147th Street and Embry Path for St. Jude's Hospital Fund Raiser Bike-A-Thon on June 4, 1988, as described in the Park & Recreation Director's memo dated April 11, 1988. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 2 MOTION: of Holton, seconded by Humphrey, approving a special use permit for the Knights of Columbus to operate a temporary newspaper recycling collection site on the northwest corner of Galaxie Avenue and County Road 42 from April 13 through 20, 1988, and waive the permit fee. Ayes - 5 - Nays - 0. SPECIAL USE NEWSPAPER RECYCLING SITE REISSUANCE OF LOST BOND ZOO TEMPORARY LIOUOR LICENSES 1988 CIGARETTE LICENSES GAMBLING LICENSE M.S. SOCIETY USE OF UNCLAIMED PROPERTY CANCEL INFORMAL MEETING RES. 1988-59 RECLASSIFY P.T. POSITIONS HIRE PARTTIME EMPLOYEES MOTION: of Holton, seconded by Humphrey, approving reissuance of lost G.O. Tax Increment Bond of 1986, Certificate No. R-371, for $15,000, registered to Richard G. and Betty Jane Balhorn, and accepting the Seaboard Surety Indemnity Bond therefor. Ayes - 5 -Nays - 0. MOTION: of Holton, seconded by Humphrey, approving issuance by Minnesota Liquor Control of temporary on-sale liquor licenses for the Minnesota Zoological Garden on April 30, May 7 and May 14, 1988. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving 1988 cigarette sales licenses for D.V.M., Inc., at Municipal Liquor Stores No. 1 and No. 2. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving issuance by Minnesota Charitable Gambling Control Board of a Glass B gambling license to the Multiple Sclerosis Society, North Star Chapter, at R~Berry's, 7721 West 147th Street. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, authorizing use of various items of unclaimed property, as listed in the Police Chief's· memo dated April 6, 1988, by City maintenance departments. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, cancelling the Council's informal meeting of April 21st, 1988. Ayes - 4 - Nays - O. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988~59 amending the 1988 Personnel Plan by reclassifying the seasonal/parttime positions of Driving Range, Starter/Ranger and Kitchen Worker to Range B. Ayes - 5 - Nays - 0. MOTION: of Holton, seconded by Humphrey, approving hiring the various parttime employees as listed in the Personnel Director's memos dated April 14, 1988. Ayes - 5 ~ Nays - 0. END OF CONSENT AGENDA Mr. Melena reviewed his memo dated April 7, 1988, describing clean up SPRING CLEAN UP work underway in the City. Maintenance crews will be picking up litter along the major arterial streets April 20th. The Rotary Club will be cleaning up around the area of Cedar and County Road 42 April 30th. Parttime summer employees will be used to continue trash pickup through the summer. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 3 MOTION: of Holton, seconded by Goodwin, proclaiming April 18 to May PROCLAIM 1, 1988, "Spring Clean Up" in Apple Valley and encouraging SPRING CLEAN UP all residents to help keep the City's neighborhoods clean by picking up and disposing of debris, trash and litter. Ayes - 5 - Nays - 0. Mr. Melena reviewed his memo dated April 11, 1988, concerning the new NEW FIRE INS. fire insurance classification rating for the City effective June 1, CLASSIFICATION 1988. The City was rated Class 6 and will be upgraded to Class 4. These ratings are based on the City's firefighting capabilities and water supply. Only three cities in the state (Minnsapolis, St. paul and Bloomington) have reached a Class 3 and 20 cities have reached a Class 4, nine of which have volunteer fire departments. MOTION: of Humphrey, seconded by Holton, recognizing and commending the City's Utility's Department and Fire Department for efficient and outstanding service to the community in achieving a Class 4 Fire Rating. RECOGNIZE FIRE & UTILITIES FOR FIRE INS. RATING Present to acknowledge the Council's thank you were Utilities Supervisor Charles Ross, Fire Chief Dick Tuthill and officers of the Fire Department: Dick Russell, Tom McMurchie, Mike Hammerstad, Rollie Lindeman, Keith Wassmund and Joe Dvorak. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1988-60 awarding the purchase of a 160 H.P. Articulated Wheel Loader to Ziegler, Inc., for a used 1987 Model 950B in the amount of $51,533.00. Ayes - 5 - Nays - 0. RES. 1988-60 PURCHASE USED WHEEL LOADER MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1988-61 awarding the purchase of Street Department Equipment to the low bidders meeting specifications as follows: Three Single Axle Cab Chassis - Lakeland Ford, $83,198.88; Dump Bodies Midland Equipment, $23,244.00; Snow Plow & Wings - Crysteel, $25,266.00; and Sanders - J-Craft, $5,490.00. Ayes - 5 - Nays - 0. RES. 1988-61 PURCHASE STREET TRUCKS & EQUIP. MOTION: of Holton, seconded by Humphrey, adopting Resolution No. 1988-62 awarding the contract for Project 88-290, Deep Well No. 12 and Pump, to E. H. Renner & Sons, Inc., the low bidder in the amount of $191,785.00. Ayes - 5 - Nays - 0. RES. 1988-62 AWARD CONTRACT PROJ. 88-290 RES. 1988-63 TAKE BIDS PROJ. 88-289 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1988-63 approving plans and specifications for Project 88- 289, 147th Street and Carrollton Estates 4th Addition Improvements, and authorizing advertising for bids to be received at 2:00 p.m. on May 12, 1988. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 4 MOTION: of Goodwin, seconded by Savanick, adopting Resolution No. 1988-64 approving specifications for a "Seven (7) Gang Reel Mower" for the Park Department, and authorizing advertising for bids to be received at 2:00 p.m. on April 25, 1988. Ayes ~ 5 - Nays - O. RES. 1988-64 TAKE BIDS PARK MOWER Mr. Melena reviewed his memo dated April 11, 1988, concerning commit- COMMITTEE tee/commission reorganizations. Included in the recommendation are REORGANIZATION establishing the Park Committee as a new Park and Recreation Advisory Committee; phasing out the Historical Committee; giving the Urban Affairs Committee more specific tasks such as being a sounding board on solid waste issues and economic development; and filling vacancies on the committees. Councilmember Savanick said she contacted three members of the Historical Committee who thought since there were no reappointments when the terms expired March 1, 1987, the committee ceased to exist. It was clarified that all terms continue until appointments or reappointments are made. She suggested they be asked to meet and make a recommendation on use of the funds remaining from the sale of the Bicentennial booklets. The concept of this committee becoming a subcommittee of the Park & Recreation Committee was discussed with the intent of it being a task force working on specific items as requested by the Council through the Park & Recreation Committee. Councilmember Savanick said she contacted four members of the Urban Affairs Committee who all expressed an interest in being reappointed. A·letter should be sent to them describing the revised concept and direction for them to start on the issues. MOTION: of Savanick, seconded by Goodwin, adopting Resolution No. 1988-65 establishing the Park and Recreation Advisory Committee; giving the Urban Affairs Committee more specific tasks; and soliciting candidates for vacancies on the committees, including invitations to the individuals who volunteered for the Comprehensive Plan Committoe, as recom- mended in the City Administrator,s memo dated April 11, 1988. RES. 1988-65 COMMITTEE REORGANIZATION Councilmember Humphrey said he would like various organizations in the City to be notified that there are vacancies on these committoes. Councilmember Savanick asked if the Council will continue with its liaison system to the committees? Mayor Branning asked that this be the topic of a future Council work session. Vote was taken on the motion. Ayes - 5 - Nays - 0. MOTION of Holton, seconded by Savanick, adopting Resolution No. 1988-66 reappointing David Gross, Gregory Kopischke, Tina Rankin and Charlie Maus to the Park and Recreation Advisory Committee for terms expiring March 1, 1989; reappointing Shirley Doering, John McKay, Fred Metry, Sharon Schwartz and Pamela Sohlberg to the Urban Affairs Committee for terms expiring March 1, 1989; and reappointing Alan Felkner and Marcia Cowling to the Planning Commission for terms expiring March 1, 1991. RES. 1988-66 REAPPOINT COM. & P.C. MEMBERS CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 5 Don Romain, 405 Reflection Road, said he had not heard that the Historical Committee members wished to disband and asked why this was being discussed. Mayor Branning said membership on the Committee had dwindled and no new volunteers had come forth. They had asked for some specific tasks from the Council and there do not appear to be any at this time. Councilmember Savanick will report back in two weeks on a recommendation from the Committee. Vote was taken on the motion. Ayes - 5 - Nays - 0. Mr. Kelley reviewed his memo dated April 14, 1988, concerning an A.V. APARTMENT/ Environmgntal Assessment Worksheet '(EAW) for the proposed Apple Valley ALIMAGNET E.A.W. Apartment project (Lake Alimagnet). The Environmental Quality Board (EQB) has ruled that a mandatory EAW is not required. The City has received notice from the EQB that a formal petition (containing 52 signatures) for a discretionary EAW has been received. The City must now make a decision whether to order a discretionary EAW. He suggested each side be given an opportunity to make a presentation for the Council. Joseph Christensen, Attorney; Mark Finnemann, Architect; and Bob Smith, Hedlund Engineering; were present representing the developers. Mr. Smith reviewed the 8.5 acre site, located south of 140th Street and east of County Road 11, and showed the layout of drainage patterns. Four apartment buildings are proposed. A dike would be constructed along a ponding area on the property to hold water and act as a sedimentation pond before discharging into Lake Alimagnet. Brian Dobie, 1968 Berkley Avenue, St. Paul, asked if soil borings were taken along the proposed dike alignment? Mr. Smith said several were taken on the site, but not in that area. Don Romain, 405 Reflection Road, asked what steps the project has gone through at this point? Mr. Kelley said the Planning Commission held a hearing on the petition for a preliminary plat. No recommendation has been made because it was believed an EAW was required. It will be scheduled on the April 20, 1988, for consideration. Mr. Christensen said a change in zoning on the site is not being requested. The request is for building permits and site plan approval. The one-lot preliminary plat is also being done as required by the City subdivision regulations. Ed Holmes, 8921 - 138th Street Court, spokesman for residents of the area, said they are asking for approval of their petition for an EAW on the property. They are concerned about the affect of development on the lake and want to minimize the conflicts between the wetland and buildings on the site. He then showed slides of the area and described potential detrimental effects of construction on the wetland. Because the wetland area is smaller than the size protected by the State, they are asking the City to step in. Other concerns about the proposal are: increased runoff into the lake from the parking lot, displacement of wildlife; and an uncapped well on the site which could be a conduit into the groundwater. The City's ordinance on development encourages minimizing removal of natural terrain. This proposal would destroy three acres of trees and an EAW, EIS or both should be done to answer questions. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 6 Mayor Branning asked whether this information had been present to City Staff? Mr. Holmes said it had not. Mr. Melena suggested that both parties submit their presentations in writing, within a week, and the City Attorney and Staff will review it and make a recommendation for the Council to consider. Mr. Dobie said he is a registered engineer and President of the Minnesota Waterfowl Association and believes the discretionary EAW should be requested. He is concerned that the proposed dike would not be strong enough to contain water. The 1.1 acre wetland is of low quality now. The proposed construction has some good ideas, but not everything has been properly addressed at this point. An EAW would help get the most out of a resource and improve the proposed development. Renee Miller, 13667 Holyoke Lane, said the City's ordinance states a wetland cannot be used as a sedimentation pond. Is the ordinance going to be changed? The Mayor said this is something Staff will have to review. Sandy Gloege, 8962 - 138th Street Court, asked how the Council will handle a recommendation if Staff is biased on the issue? Mayor Branning said his experience with Staff over the past 20 years is that they have been fair. Mr. Holmes said the State will only protect wetlands larger than two and one-half acres. Mike Mueller; of the DNR, expressed the opinion to him that the residents are only concerned about stopping the project not protecting the wetland. The City is the only authority left to protect it. Councilmember Goodwin said he would like more information as to what the EAW process would take; including who would it be sent to if it is prepared. Robert Longson, 7619 Whitney Drive, said this has been one of the best citizens' presentations he has ever heard at a Council meeting. Mr. Romain questioned whether it would be appropriate for the Planning Commission to consider this item next week if the Council is still in a deciding position. John Miller, 13667 Holyoke Lane, said the Federal Clean Water Act prohibits filling wetlands. His information, from the Army Corps of Engineers for this region, is that it does not enforce the regulation on areas of 10,000 square feet or less and is arbitrary. Mr. Melena said Administrative Rules 4410.1100, Subp. 7, allow a 15-day extension for the City to decide on the need for an EAW. Both parties should submit written information, including the residents petition, and the Council could consider it at its next meeting. MOTION: of Humphrey, seconded by Holton, invoking a 15-day extension, under Administrative Rules 4410.1100, Subp. 7, to decide on the need for an EAW the Apple Valley Apartment-Lake Alimagnet project; requesting all written information be submitted by April 21, 1988; and deferring any Planning Commission action until the Council acts on this matter. Ayes - 5 ~ Nays - 0. 15-DAY EXTENSION A.V. APARTMENT EAW DECISION CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 7 Robert Pollock, 1785 East 96th Street, Inver Grove Heights; Carol DCCAB DISCN. Miles, 9928 Rich Valley Boulevard, Inver Grove Heights; Jean Melin, RECYCLING ISSUES 9650 Arnold Avenue, Inver Grove Heights; and Vickie Van Duyn, 3060 & INCINERATOR Lower 147th Street, Rosemount; were present representing Dakota County Citizens Against Burning (DCCAB). They were present to ask the Council to consider a resolution opposing construction of a garbage burning incinerator proposed by Dakota County. They asked that recycling programs be implemented instead. They presented information concerning air and water pollution, costs to residents and loss of recyclables. They presented sample resolutions for the Council to consider. Bob Longson, 7619 Whitney Drive, said he does not want to pay for an incinerator. He stated the need to be aware that waste is a serious problem and wants less waste sent to him including junk mail. Councilmember Savanick said the City newsletter, being distributed next week, contains information publicizing the Goodwill Recycling Center. Mr. Pollock said cities need to do more and cited the example of Maple Grove, which claims to be attaining 50 percent recycling by its city-sponsored program. Ms. Van Duyn asked if the Council could do something about prohibiting plastic bags which do not decompose. Councilmember Holton commented on the Reuter plant in Eden Prairie which recycles plastics and other materials and encouraged these individuals to take an opportunity to tour it. Mayor Branning said the City will have a committee working on this issue. However, whatever is proposed, Apple Valley will want to maintain the standards it has now to prevent garbage from sitting out around the City. Mr. Gretz reported on the design committee that has been meeting on GOVERNMENT CTR. the Western Government Center. The City will need to participate in STATUS REPORT the planning stage such that its future building can be integrated into the architectural plans. This does not mean designing a building, but have an area preserved. He will be obtaining a cost estimate on design fees. The Council concurred and asked to have a presentation by the architect at a work session. MOTION: of Goodwin, seconded by Humphrey, adopting Resolution No. 1988-67 authorizing the use of Municipal State Aid street funds for reconstruction of County Road 42 from Pennock Avenue to Burnsville, Dakota County Project 42-34. Ayes - 5 - Nays - O. RES. 1988-67 MSA FUNDS CR 42 Mr. Melena said he will be attending a meeting with 38 suburban com- HEALTH INSURANCE munities to discuss group health insurance. He asked Council input MEETING as to remaining with this large group or contracting separately. Gouncilmembers Holton and Humphrey stated a preference for remaining with a large group and the Council concurred. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 1988 Page 8 MOTION: of Holton, seconded by Goodwin, to pay the claims and bills, checks numbered 31151, 60447 through 60559, 60561 through 60587, 60597 through 60654, 60656 through 60658 and 60660 through 60704, in the total amount of $1,370,194.46. Ayes - 5 - Nays - O. CLAIMS & BILLS MOTION: of Holton, seconded by Savanick, to adjourn. Ayes - 5 - Nays - O. The meeting was adjourned at 10:53 o~clock p.m.