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HomeMy WebLinkAbout08/07/1980CiTY OF APPLE VALLEY Dakota County, Minnesota August 7, 1980 Minutes of the informal meeting of the City Council of Apple Valley, Dakota County, Minnesota, held, pursuant to due call and notice thereof, on August 7, 1980, at 8:00 o'clock p.m. at the City Hall. PRESENT: Mayor Garrison; Councilmembers Kelly, Overgard and Savanick; John Gretz and Deputy Clerk Mueller ABSENT: Councilmember Holton. Mayor Garrison.called the meeting to order at 8:00 p.m. The Councilmembers and every- one in attendance took part in the pledge of allegiance to the flag. Mayor Garrison asked for a brief discussion of the street repair and seal coating currently underway in North Apple Valley. John Gretz described the curb repair proce- dure and criteria used in determining which sections of curb were to be replaced. He said approximately $2,000 more than was budgeted for the curb repair portion was spent. The repairs and seal coating are paid by the General Fund and Mr. Gretz suggested that this policy could be re-evaluated and perhaps the costs should be assessed to property owners in the future and include all repairs desired by the property owners. Council- member Savanick questioned changing the policy when the precedent of paying for these costs from the General Fund has been established in the past. Mayor Garrison said the primary purpose of this meeting is to discuss gravel operations in the City. He described the benefits to the City in the availability of aggregate material for construction, and also problems with traffic, etc., which have resulted. He reviewed the current status of the various operations in the City. John Gretz commented on both current and long range problems of gravel operations. The current problems include a berm constructed by Fischer on the Shakopee site, landscaping on the berm, installation of a small section of storm sewer pipe, screening junk material and noise control. He has ~et with Mr. Fischer and believes these items can be resolved. The PCA used a meter yesterday and took noise readings around the site and the noise was within allowable daytime levels. The City will continue to monitor the noise levels. The Northwestern Gravel-Lac Lavon site's problems are basically clean-up work on the building and scrap material. Long range problems include several existing City ordinances. By combining the existing ordinances into one, they would be easier to work with and understand. Seven-year time periods in the agreements have always been and will continue to be problems for the operators. Representatives of the gravel operators present were: Ray Reierson and Wayne Bakke of Northwestern Gravel, Mike McNamara of McNamara-Vivant, Ray and Matt Fischer and Bob Miller of Kraemer and Sons. Roger Squires, an attorney representing the Fischers, were present and said they are willing to work with the City and develop a proposal. Matt Fischer said they have an end use plan, but have never signed an agreement. He said they will try to live up to the end use plan as best as possible. Mr. McNamara said they will work with the City and have done an end use plan several years ago. CITY OF APPLE VALLEY Dakota County, Minnesota August 7, 1980 Page 2 Mr. Reierson agreed on the need for a long term agreement and believes they are working within the perameters of their agreement. He said an agreement should consider the number of years a pit will be in operation, but also be based on changing economic conditions. Mayor Garrison asked whether the operators would prefer slope restrictions on their operations or fencing? Mr. McNamara said he would prefer fencing and be free to operate on the property. Mr. Squires said he could not comment on that now, but said time restrictions in agreements are difficult because of uncertainties in future economy and technology. Ray Fischer said he would prefer fencing, but it should be optional for the operator to fence the entire perimeter or only the excavation area. Mr. Reierson said most slopes are not steep enough that a person would be hurt by falling over them. Mr. McNamara said he is more concerned with snowmobiles going over the slopes than a person. Mayor Garrison asked the operators' opinions on the task force concept outlined in Mr. Asleson's memo. Mr. Fischer and Mr. McNamara agreed it was a good suggestion. Mr. Miller said he is opposed to an end use plan because they are subject to too many changes before the excavation is complete. He also said one set of rules cannot apply to all operations because the scope of operations is different in each. He agreed with the task force concept, but not so much emphasis should be placed on end use plans. Mayor Garrison commented on the Land Planning Act's requirements for cities to pre- pare comprehensive plans and the gravel end use plans are part of this. Mr. McNamara agreed some kind of end use plan is needed. Matt Fischer said because of the loca- tion, in the metropolitan area, all of the gravel pits in Apple Valley will be developed some day; the land is too valuable for them not to be. Mr. Reierson agreed and said abaondoned gravel pits used to be a problem years ago, but attitudes toward develop- ing the land have changed. Councilmember Overgard referred to Mr. Asleson's letter to the gravel operators and asked if they believed the City's ordinances should be completely revised or are only a few changes necessary.and are the agreements a problem? Mr. McNamara said he has no serious problems with the ordinances. Ray Fischer said staff should go over the problems before a decision can be made on changing the or- dinances. Matt Fischer said some parts of the ordinances might be hard to work under, but the problems can usually be resolved. Mr. Reierson said he would have no problems with renewing his present agreement. Mr. MeNamara said his agreement has expired, but he has no problem renewing the permit on a year to year basis. Councilmember Overgard suggested perhaps John Gretz should meet with the operators and review the problems rather than a task force and if the problems cannot be resolved, changes in the ordinances could be suggested to the Council. CITY OF APPLE VALLEY Dakota County, Minnesota August 7, 1980 Page 3 Margaret Engstrom, a resident on 134th Street, asked about the hours of operation. Mayor Garrison said the hours are 6:00 a.m. to 6:00 p.m. unless an extension is ap- proved by the City. Nancy Doheny, a resident on 134th Street, said she has head the gravel operation before 6:00 a.m. The Council discussed this and it will be monitored. Mr. Richard Carlson, a resident on Findlay Avenue, requested the Council to include citizens on the task force and said he would volunteer to'be on it. Councilmember Savanick discussed storm water ponding areas on the gravel operations and possible problems for the operators. She also asked about issuing permits and collect- ing back fees. Mr. Gretz said Mr. Asleson had asked him to tell the Council that this will be done within the next two weeks. Councilmember Savanick asked if any of the operators had any suggestions for future changes in permits or feesf There were no comments. Mr. Gretz suggested possibly a system based on the number of acres in an operation and inspection fees could be considered rather than basing the fees on the amount of annual excavation as is done now. Mr. McNamara said that would be all right except for those who do not operate year around. Councilmember Savanick asked whether a "fine" system for violations should be included in the ordinances. Jim Sheldon said there is a penalty provision in the ordinance. Complaints have been resolved by discussion in the past rather than having the police issue tickets for violations. Mmyor Garrison recommended citizens be involved in the task force, or study group, as recommended by Mr. Asleson. Mr. Carlson said a deadline for a report should be set for the group. Councilmember Kelly disagreed with the task force concept and would rather Mr. Gretz work with the operators and have citizens direct their concerns to him. She also stated that the Urban Affairs Committee could work on the actual or- dinances if necessary. Councilmember Savanick volunteered to work on the task force if it is formed. Dan Settergren asked the Council to give direct orders and establish a deadline for any group that is formed. The Council discussed concerns of forming too large a group which might become unworkable. Mayer Garrison, asked Mr. Gretz to have this item placed on the August 14, 1980 meeting agenda and prepare a memo for the meeting suggesting the composition of one or two committees and outlining the direction and goals of each. Mr. Squires stated that the Fischers will participate and cooperate with the City, but this should not be construed as giving up any rights which they now have. MOTION: of Kelly, seconded by Savanick, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:50 o'clock p.m.