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HomeMy WebLinkAbout10/09/2008 CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 9, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Bergman, LaComb, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Public Works Director Blomstrom, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Community Development Director Nordquist, Human Resources Manager Strauss, and Acting Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, removing item 5.E - 2008 Special Assessment Roll No. 567 and adding item 5.H - Set Special Informal Meeting on October 27, 2008, at 6:30 p.m., and approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Mr. Jeremy Grimm, ALF Paramedic, commented about ALF Ambulance. He likened the partnership of the ALF Ambulance Joint Partnership Agreement to similar endeavors the City is making as part of the Dakota County High Performance Partnership (HiPP) Project. He discouraged contracting with a private service. Councilmember Bergman stated no decision has been made and he will include the City Council in any decision he has to make. He further stated he recently asked to tour ALF Ambulance. In addition, he plans to meet with the City Administrator from each City before he makes his decision. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 2 MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of September 25, 2008, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the sale of surplus and forfeiture vehicles online, by agreement with K-BID On-line Auction Services, as attached to the Public Works Supervisor’s memo dated October 9, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Grant Contract with Minnesota Department of Public Safety for underage enforcement activities, in the amount of $1,000.00, as attached to the Police Captain’s and Police Chief’s memo dated October 6, 2008, and authorizing the Police Chief to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2008-194 MOTION: of Bergman, seconded by Goodwin, adopting authorizing execution of a Grant Agreement with Dakota County Traffic Safety Group for the High Visibility Saturations Project from October 1, 2008, through September 30, 2009, and authorizing the Chief of Police to sign the Agreement. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Identity Theft Prevention Program, as attached to the Finance Director’s memo dated October 6, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the release of subdivision financial guarantee for Hazelwood Estates NRMO, as listed in the Community Development Department Assistant’s memo dated October 6, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, declaring the Police and Fire Departments’ VHF Radio Equipment as surplus and authorizing the equipment to be traded in, as listed in the Police Captain’s memo dated October 3, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for Radio Communication System Removal and Sale with Professional Wireless Communications, in the amount of $4,465.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the request for proposals for professional auditing services, as attached to the Finance Director’s memo dated CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 3 October 6, 2008, and authorizing acceptance of such proposals through November 13, 2008. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for 2008 Playstructure – Apple Ponds with Flanagan Sales, Inc., in the amount of $49,998.70, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for County Road 42 Fischer Property Drainage with Fischer Sand & Aggregate, LLP, in the amount of $37,840.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Waiver and Release in connection with City Project No. 08-407, County Road 42 Drainage, with Fischer Sand & Aggregate, LLP, in the amount of $15,795.06. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Valley Paving, Inc., for Project 06-341, 2007 Street Maintenance, in the amount of an additional $66,177.57. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with C. M. Construction, for Project 08-383, Aquatic Center Expansion, in the amount of an additional $3,780.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the contract with Northfield Construction Corporation, for Senior Center Project #0610 - Rough/Finish Carpentry/Misc., with a deduction of $524.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Kirk Acoustics, for Senior Center Project #0950 - Acoustical Ceiling, with a deduction of $6,800.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Grazzini Brothers, for Senior Center Project #0965 - Resilient Flooring/Carpet, with a deduction of $6,096.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the contract with Manor Electric, for Senior Center Project #2602 - Electrical/Fire Alarms, with a deduction of $23,275.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 8 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of an additional $3,581.48. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 4 MOTION: of Bergman, seconded by Goodwin, approving the Conduit Lease Agreement with FTTH Communications, LLC, for a 5-year period commencing November 1, 2008, at a base rent of $100.00 per year, as attached to the Assistant City Administrator’s memo dated October 9, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Top Coat Painting Service, in the amount of an additional $567.00; and accepting Reconditioning of Decorative Light Poles as final and authorizing final payment in the amount of $11,529.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 07-357, Sanitary Lift Station 4 Replacement, as final and authorizing final payment on the contract with Northdale Construction Company, in the amount of $4,637.54. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 05-312, Grading & Storm Water Maintenance at 7990 132nd Street Court, as final and authorizing final payment on the contract with Bruhn Excavating, in the amount of $9,025.12. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Pre-Cast Restroom Facility at Kelly Park, as final and authorizing final payment on the contract with CXT, Inc., in the amount of $39,990.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Projects 05-292, Scout Pond, and 07-379, 120th Street Storm Sewer Improvements, as final and authorizing final payment on the contract with Friedges Contracting Company, in the amount of $22,761.91. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Installation of Columbaria Foundations and Footings, as final and authorizing final payment on the contract with Stellar Concrete, in the amount of $13,900.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the part time and seasonal employees and resignation of employees, as listed in the Personnel Report dated October 9, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2008 SPECIAL ASSESSMENT ROLL 575 Mr. Ballenger described Special Assessment Roll 575, for delinquent utility charges, in the amount of $88,000.88. No written objections have been received. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 5 2008 SPECIAL ASSESSMENT ROLL 575 Mr Ballenger described Special Assessment Roll 575, for delinquent utility charges, in the amount of $88,000 88 No written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8 16 p.m., on Special Assessment Roll No 575 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience There were none and the hearing was declared closed at 8 17 p.m. MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2008-195 approving and levying 2008 Special Assessment Roll No 575, delinquent utility charges, in the total amount of $88,000 88 Ayes - 5 -Nays - 0 2008 SPECIAL ASSESSMENT ROLL 576 Mr Ballenger reviewed Special Assessment Roll 576, for delinquent mowing/snow removal charges, m the amount of $16,636 45 No written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8.20 p.m., on Special Assessment Roll No 576 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience There were none and the hearing was declared closed at 8.21 p.m. MOTION of Bergman, seconded by Grendahl, adopting Resolution No. 2008-196 approving and levying 2008 Special Assessment Roll No 576, delinquent mowing/snow removal charges, m the total amount of $16,636 45 Ayes - 5 -Nays - 0 2008 SPECIAL ASSESSMENT ROLL 577 Mr Ballenger reviewed Special Assessment Roll 577, for delinquent false alarm charges, in the amount of $2,660 00 No written objections have been received. Mayor Hamann-Roland called the public hearing to order, at 8.22 p.m., on Special Assessment Roll No 577 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience There were none and the hearing was declared closed at 8.23 p.m. MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2008-197 approving and levying 2008 Special Assessment Roll No 577, delinquent false alarm charges, in the total amount of $2,660 00 Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 6 Trunk Utilities, and 153rd Street and Dodd Boulevard. A written objection on 2008 Special Assessment Roll 580 has been received from Fischer Sand & Aggregate, LLP, for PID # 01-03600- 011-28 in the amount of $290,716.00. Mayor Hamann-Roland called the public hearing to order, at 8:26 p.m., on Special Assessment Roll No. 580 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:26 p.m. except for PID # 01-03600-011-28. MOTION: of Bergman, seconded by LaComb, tabling consideration of the assessment on PID # 01-03600-011-28 in the amount of $290,716.00, which is part of the 2008 Special Assessment Roll No. 580, for improvements in connection with 153rd Street and Dodd Boulevard, until October 23, 2008. Ayes - 5 - Nays - 0. Mayor Hamann-Roland then called the public hearing to order, at 8:27 p.m., on Special Assessment Roll Nos. 578 and 579 and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:27 p.m. Resolution No. 2008-198 MOTION: of Grendahl, seconded by Goodwin, adopting approving and levying 2008 Special Assessment Roll Nos. 578, 579, and 580, for improvements, in the revised total amount of $7,222,484.00. Ayes - 5 - Nays - 0. WALMART ADDITION Mr. Lovelace reviewed the request by Walmart for four Conditional Use Permit amendments and a site plan review/building permit authorization of a 58,000 sq. ft. building addition and 191 additional surface parking spaces. The 19.5 acre lot is located at 7835 150th Street W. As background, he reviewed the existing plans and the expansion plans and elevation drawings approved in March 2007. Walmart abandoned the 2007 proposal and now has a new proposal which is approximately16,604 sq. ft. smaller than the 2007 proposal. He then reviewed the elements of the new proposal as well as the new elevation drawings. There are no major outstanding issues. As indicated at the last meeting, staff is recommending an amendment to the site plan/building permit authorization to exclude the sidewalk on the west side of the building. The Planning Commission reviewed this item at its meeting on September 3, 2008, and voted unanimously to recommend approval of the Conditional Use Permit amendments and site plan/building permit authorization. Mr. Lovelace stated Walmart is proposing to increase the height of the wall surrounding the compressor units on the west side of the building by 4 feet, as well as install sound suppression and solid doors. They are also proposing to increase the height of the wall next to the dock from 13 feet to 15 feet. Next he reviewed the recommendations made by the City’s sound consultant regarding sound suppression. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 7 Mr. Lovelace then recapped the responses from the questions asked at the last meeting regarding increased traffic, delivery times, back-up beepers, code compliance, as well as regulations and noise issues at Walmart stores in Rosemead, California, and Lake Charles, Louisiana. He also reviewed the conditions added to the Conditional Use Permit resolutions. If any condition is in violation of any Conditional Use Permit, it is cause for revocation of all the Conditional Use Permits on the property. Mayor Hamann-Roland asked about a concern Ms. Lovejoy noted at the last meeting relative to sweeping the parking lot. Mr. Brian McCool, Land Use Counsel for Walmart, said Walmart has agreed to restrict sweeping until after 6:00 a.m. and mowing until after 7:00 p.m. Councilmember Grendahl asked about the amendment to the access restriction agreement for 147th Street. Mr. Lovelace explained the amendment is necessary to allow a new site access according to approved plans. Councilmember Goodwin questioned whether Walmart has agreed to the additional conditions as presented. Mr. Lovelace stated Walmart is aware of the conditions, but he has not heard from them. Mayor Hamann-Roland asked about loitering and overnight camping. Mr. Luke Nordquist, Apple Valley Walmart Store Manager, responded that no loitering signage has recently been added and no overnight parking signs have been posted for some time. Mayor Hamann-Roland asked about restricted hours for deliveries. Mr. Luke Nordquist stated he has spoke with a majority of the vendors who have indicated a willingness to work with Walmart to restrict deliveries. Mayor Hamann-Roland commented that Mr. Pahl, from Paul’s Market, can accommodate the proposed delivery times. She encouraged use of local vendors. Councilmember Bergman said the Council received an email stating that implementing the restricted delivery times makes it difficult for truck drivers and impacts their lives and family time. Although most vendors indicated they would work with Walmart, how will Walmart deal with drivers who are unwilling to comply? Mr. Luke Nordquist said Walmart has a private fleet of trucks which it can control. He can suggest the times of delivery to the DSD vendors. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 8 Councilmember Goodwin asked the number of trucks delivering to the Apple Valley Walmart on a weekly basis. Mr. Luke Nordquist answered approximately 40 to 45 trucks. Councilmember Goodwin noted there are currently no limits on the times trucks can deliver. He then asked the number of trucks which would be delivering to the supercenter. Mr. Luke Nordquist estimated the number to be between 60 and 65 total trucks. Councilmember Goodwin questioned how many of those vehicles would be Walmart’s fleet. Mr. Luke Nordquist stated approximately 25. Councilmember Goodwin stated that although there may be more trucks delivering to the store when it is expanded, the expansion also provides an opportunity to limit the number of trucks delivering in the evening. Mr. Brian McCool said most of the conditions the City is placing on the Conditional Use Permits are acceptable. Walmart can restrict its fleet from delivering between 10:00 p.m. and 6:00 a.m.; however, it cannot make the same commitment for DSD trucks. Mr. John Hubener, Walmart Marketing Manager, said Walmart does not have control over DSD vendors. Walmart has service contracts which commit to buying their product, but the contracts do not address deliveries. The vendors have stated they will work with Walmart, but they will not sign a contract committing to restricted hours of delivery. He stated he cannot ensure deliveries will not occur between 10:00 p.m. and 6:00 a.m. Mr. McCool suggested the first condition be split into two parts. The first part would address Walmart’s fleet by restricting nighttime deliveries. The second part would include language which indicates Walmart would use “best efforts” to restrict DSD vendors from delivering at night. The large semi-tractor trailer trucks are Walmart’s trucks. Most DSD vendors have a shorter box deliver truck. Mr. Hubener added that Mr. Luke Nordquist is asking the DSD vendors that have back-up beepers if they can use an alternate technology. Councilmember Grendahl asked about the lawsuit in Lake Charles, Louisiana. Mr. McCool stated he could talk about the store, but does not know the specifics regarding the lawsuit. He does not believe there is currently an issue regarding noise. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 9 Mr. Gregg Oltman, Architect with Larry D. Craighead, described noise mitigation efforts used by the stores in Lake Charles, Louisiana, and Rosemead, California. Councilmember Goodwin acknowledged that all DSD vendors may not be willing to amend their service contracts regarding hours of delivery, but it is likely several of them would be willing to amend their contracts because they are not delivering at those times anyway. If the City can reduce the total number of vehicles delivering at night, it would be a success. Mr. McCool stated that is exactly what they are getting at with the “best efforts” piece. He further stated they are willing to work on what that language would be. Mayor Hamann-Roland asked about memorializing the condition of not sweeping the parking lot between 10:00 p.m. and 6:00 a.m. in the Conditional Use Permits as well. Mr. McCool said that is acceptable. He clarified that snow removal would not be restricted. Councilmember Goodwin stressed the importance of getting something in writing from the DSD vendors. Mr. Hubener said Walmart does not have written contracts with the DSD vendors and they will not get written contracts with them. Mr. McCool added that aside from everything else, the City also has the protection of its noise ordinance. Mayor Hamann-Roland asked the number of trucks that currently deliver at night. Mr. Hubener said mostly it is the milk and plant trucks. Discussion continued regarding truck deliveries. Mr. McCool suggested that along with the “best efforts” language a condition could be added which requires Walmart to come in on an annual basis. This would give the Council a format to provide feedback. Councilmember Bergman commented about the turnover in Walmart’s management and the relationship management has with the City. Mayor Hamann-Roland said she believes the relationship with the store manager and the Police and Fire Departments and Code Enforcement has been excellent. Mr. Luke Nordquist said since the last Council meeting over 1,000 customers have signed a notepad supporting the supercenter. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 10 Councilmember Grendahl said the entire Council supported the expansion of the store in 2007; the concern now is the change in the plans. Mr. McCool thanked the Council for approving the plans in 2007. He presented a graphic which depicts the distance between two trucks if one was parked at the loading dock from the 2007 plan and the other was parked at the proposed loading dock. The distance between the cabs is 28 feet. He added several sound suppression measures are proposed which should reduce the noise heard by the neighborhood. In addition, the expansion will add 100 more jobs and several million dollars of investment into the community. He urged the Council’s support. Councilmember LaComb said had she been on the Council in March 2007, the vote would have still been unanimous. She believes there was compromise and a partnership at that time. There is a difference of opinion on the proposed plan. She still thinks there can be compromise on the current plan. Councilmember Goodwin stated he believes the new proposal is an improvement. Mayor Hamann-Roland agreed. She said it was her idea to flip the store in the 2007 plan. She thinks the new proposal is an improvement as far as sound. Mr. McCool said they are willing to compromise on many things, such as delivery times and sound suppression, but they cannot compromise on the location of the delivery dock. Mayor Hamann-Roland called a recess at 9:53 p.m. Mayor Hamann-Roland resumed the meeting at 10:03 p.m. Mr. Mike Zick, 14719 Guthrie Avenue, said Apple Valley is a great City. He shops at Walmart and enjoys the convenience of having the store so close. He asked who should be contacted regarding a noise complaint in the middle of the night. Police Chief Johnson said citizens should contact the Police Department regarding a noise complaint. An officer will be document the complaint and it will be dealt with the next day. Mr. Zick asked that the loading dock not be allowed to move closer to the residents. He expressed concern that the noise will carry or channel down Guthrie Avenue. He then asked if it was possible to move the pallets on a pallet jack the additional 30 to 50 feet. Mr. McCool said the internal movement of product is approximately 335 feet. Grocery items must maintain a cold chain. Walmart’s protocol requires food products are temperature checked and in a cooler within 20 minutes. The distance from the loading dock to the nearest cooler in the current proposal is 230 feet. If the loading dock is at the other location, the distance is over 600 feet. Walmart is not confident it can deliver the product that distance within the 20-minute window. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 11 Mr. David Braslau, Acoustics Consultant for Walmart, reviewed sound comparisons of truck movements backing into the current, approved, and proposed loading docks. The trucks approaching the proposed dock will be approximately 10 to 15 dBA quieter than the existing and approved docks. Mayor Hamann-Roland said she thought keeping the dock on the east side of the building would be quieter for the neighborhood, but then learned it will be quieter for the residents if the dock is moved to the west side of the building. She does not want to do anything that would result in the neighborhood experiencing more noise. Ms. Ruthann Hufnagle, 137 Garden View Drive, said she bikes and walks in that neighborhood. She commented about the complaint matrix presented earlier, noting there were no complaints in 2007 and 2008. She appreciates the 10:00 p.m. to 6:00 a.m. restriction. She believes the two buildings across from Walmart will help block the sound at the new entrance. Mr. Tony Rambaum, 14731 Guthrie Avenue, said he has put up with Walmart for nine years and they have not been a good neighbor. He has put up with noise and countless bags. After the trailers are unloaded things are thrown back in the trailers. The sound goes up over the walls and into the development. The sound wakes up his dogs and his dogs wake him up. He said there are trailers there every night and every morning. There are also forklifts roaring back and forth. He stated he prefers keeping the loading dock on the east end of the building. Councilmember Goodwin said the City could restrict the large semi-tractor trailers from delivering during the evening with the new Conditional Use Permits. He asked Mr. Rambaum if he thought that would help. Mr. Rambaum asked who would police the deliveries. Councilmember Goodwin responded that the City would. Mr. Art Ebbinger, Walmart General Transportation Manager, stated there are trailers that are unloaded and will remain in the dock. They will be replenished the next day and cycled back into the delivery system. Councilmember Goodwin asked when the trucks are unloaded. Mr. Ebbinger said they begin the unloading process at 4:00 p.m. and it takes one to three hours to unload a truck. He said Mr. Rambaum may be hearing pallets being placed back into the trailer. Mr. Rambaum said the pallets are not being placed in the trailer, they are being thrown. Mayor Hamann-Roland asked if trucks will be loaded or unloaded after 10:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 12 Mr. Hubener responded that if a truck comes in at 9:00 p.m., it is likely it will still be in the process of being unloaded after 10:00 p.m. Councilmember Grendahl asked if Walmart has had any neighborhood meetings. Mr. McCool explained the various means Walmart has used to try to connect with the neighborhood. Councilmember Grendahl asked if this item had to be acted on this evening. Mr. Lovelace said it could come back to the Council at the next meeting. Mr. McCool said Walmart believes it has reached out to the neighborhood. There have been about six public hearings and there has been very little citizen comment. Walmart wants to know if it is going to be able to build this store. Mr. Mark Ceminsky, 14625 Hallmark Drive, commented about the noise from the store and the placement of the loading dock. He noted that the loading dock is used during all hours of the day for other operations. He asked to keep the loading dock on the east side of the building. He believes Walmart should be able to move product 600 feet within 20 minutes. He then commented about the lawsuit in Lake Charles, Louisiana. He noted several people did not receive a mailing or a visit from Walmart. Councilmember Goodwin asked Mr. Ceminsky what he thought about the sound study that was presented earlier. Mr. Ceminsky said he does not believe the study. He commented about information he has read regarding noise. Councilmember Goodwin asked if it would be an improvement to restrict the large trucks from delivering between 10:00 p.m. and 6:00 a.m. Mr. Ceminsky said most trucks currently deliver between 6:00 a.m. and 10:00 p.m. He believes that much of the noise in the evening is a result of other operations. Mr. Braslau addressed questions regarding how temperature affects sound. Sound propagates further on a cold and dry day. He then explained how sound travels next to a barrier and down a hard surface. Mayor Hamann-Roland said she originally believed the loading dock should be on the east end of the building. However, after listening to Mr. Braslau’s presentation regarding the physics of sound, and understanding that it will be quieter for the neighborhood if the dock is facing the opposite way, she believes the proposed plan is a better solution for the residents. CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 13 Mr. Ceminsky stated he did not want the discussion to focus solely on the trucks, because there are other operations also happening in and around the loading dock. Mr. Hubener asked Mayor Hamann-Roland and Councilmember Bergman what they heard when they toured a store and a truck was being unloaded. Councilmember Bergman said he did not hear anything because they were using a conveyor belt system. Mayor Hamann-Roland said she did not hear anything either. Mr. Hubener stated the only other operations performed in the loading dock are taking pallets and cardboard bails outside. If loading the pallets is causing noise concerns, Walmart can also commit to not loading empty pallets onto the trucks before 6:00 a.m. Councilmember Bergman questioned why Walmart increased the height of the wall around the dock. Mr. Braslau said they wanted to keep the sound level under the ambient level. Councilmember LaComb said she was expecting to take a vote this evening. With the concerns expressed by both the residents and Walmart regarding the loading dock, and the lack of consensus, she would like two more weeks to identify all the conditions and include them in the Conditional Use Permits as well as answer any outstanding questions. MOTION: of LaComb, seconded by Goodwin, tabling consideration of the Walmart expansion until October 23, 2008. Ayes - 4 - Nays - 1 (Bergman). Councilmember Grendahl asked how Rosemead, California, was able to restrict all evening deliveries. Mr. McCool responded that there is a retail ordinance in Rosemead, California, which restricts all deliveries between 10:00 p.m. and 6:00 a.m., so vendors are accustomed to that. In addition, the Walmart in Rosemead is not a 24-hour store; it closes at 10:00 p.m. Mayor Hamann-Roland suggested the Council forward their questions to Mr. Lovelace, who will forward them to Walmart. DANGEROUS DOG ORDINANCE CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 14 Police Chief Johnson gave the first reading of an ordinance amending Chapter 91 of the City Code regulating dangerous and potentially dangerous dogs. During the last session, the Legislature amended the State Statutes regarding dangerous and potentially dangerous dogs. This amendment incorporates statutory changes. MOTION: of Goodwin, seconded by LaComb, waiving the procedure for a second reading and Ordinance No. 847 passing amending Chapter 91 of the City Code regulating dangerous and potentially dangerous dogs. Ayes - 5 - Nays - 0. SET SPECIAL INFORMAL MEETING MOTION: of LaComb, seconded by Goodwin, setting a special informal City Council meeting, at 6:30 p.m., on October 27, 2008. Ayes - 5 - Nays - 0. STAFF COMMUNICATIONS Ms. Gackstetter reminded residents there are only five days left to pre-register for the General Election. COUNCIL COMMUNICATIONS Mayor Hamann-Roland asked that the Police Department provide an update about the rental registration program at a future meeting. She then asked Mr. Ballenger to speak to the City’s financial security. Mr. Ballenger said the City’s investments are with strong, stable companies, with no loss of principle at this time. Councilmember LaComb commended the Fire Department on its open houses. There were large crowds and lots of positive comments received. Acting Fire Chief Thompson summarized various activities which took place during Fire Prevention week. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 6, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota October 9, 2008 Page 15 MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated October 1, 2008, in the amount of $5,049,790.01; and October 8, 2008, in the amount of $8,386,789.06. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 11:13 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 10-23-08 .