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HomeMy WebLinkAbout10/28/1999CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 28th, 1999, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Hamann- Roland; Councilmembers Erickson, Grendahl, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Wrase, Finance Director Ballenger, Police Chief Erickson, Assistant Public Works Director Heuer, Assistant to the Administrator Grawe, Parks and Recreation Director Johnson, Community Development Director Kelley, Planner Lovelace, Human Resources Manager Margarit, Assistant Planner Milton, Public Works Director Miranowski, and Fire Chief Wassmund. 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 Erickson, seconded by Sterling, approving the agenda for tonight’s meeting as presented. Ayes - 4 - 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. There was no one was present to speak. CONSENT AGENDA MOTION: of Grendahl, seconded by Sterling, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Sterling, approving the minutes of the meeting of October 14th, 1999, as written. Ayes - 4 - Nays - 0. Resolution No. 1999-235 MOTION: of Grendahl, seconded by Sterling, adopting accepting, with thanks, the donation of $1,000.00 from Apple Valley American Legion Post 1776 for use by the Fire Department. Ayes - 4 - Nays - 0. Resolution No. 1999-236 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of Lawful Gambling Exempt Permit LG220 to Apple Valley American CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Page 2 Legion Auxiliary, Unit 1776, for an event on November 13, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. Resolution No. 1999-237 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of Lawful Gambling Exempt Permit LG220 to Apple Valley American Legion Auxiliary, Unit 1776, for an event on December 17, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. Resolution No. 1999-238 MOTION: of Grendahl, seconded by Sterling, adopting approving issuance of Lawful Gambling Exempt Permit LG220 to Apple Valley Sons of American Legion Post 1776 for an event on December 11, 1999, and waiving any waiting period for State Gambling Board approval. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving issuance of a 1999 Refuse Collection License to Aspen Waste Systems, Inc., as requested in the City Clerk’s memo dated October 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Revised and Restated Joint Powers Agreement for the Black Dog Watershed Management Organization, incorporating part of the Credit River WMO, as attached to the Natural Resources Coordinator’s memo dated October 20, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterli ng, approving the 2000 Budget for the Black Dog Watershed Management Organization, with Apple Valley’s contribution of $6,728.00, as attached to the Natural Resources Coordinator’s memo dated October 20, 1999. Ayes - 4 - Nays - 0. Resolution No. 1999-239 MOTION: of Grendahl, se conded by Sterling, adopting approving amendments to the Apple Valley Firefighters’ Relief Association Bylaws, setting benefits for 2000 and 2001, as approved by the membership on February 7, 1999, and October 10, 1999, and attached to the President’s memo. Ayes - 4 - Nays - 0. Resolution No. 1999-240 MOTION: of Grendahl, seconded by Sterling, adopting approving the corrective final plat of Highstone Apple Valley Addition (replat of Lots 1 and 2, Block 1, Apple Valley Industrial Park 1st Addition) and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1999-241 MOTION: of Grendahl, seconded by Sterling, adopting awarding a contract for Project 98-539, Cemetery Street and Parking Lot Improvements, to Valley Paving, Inc.,- South, the low bidder, in the amount of $73,822.50. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Page 3 Resolution No. 1999-242 MOTION: of Grendahl, seconded by Sterling, adopting awarding a contract for Project 99-115, Deep Well No. 4 Pump Repair; to Alberg Water Services, the low bidder, in the amount of $23,155.00. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving a Joint Powers Agreement with the City of Rosemount for Birger Pond Outlet Construction and Annual Maintenance, as attached to the Public Works Director’s memo dated October 25, 1999, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 1999-243 MOTION: of Grendahl, seconded by Sterling, adopting approving a policy on non-operating traffic signal systems, in conformance with Dakota County’s policy, of not installing temporary stop signs during periods of electrical power loss. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving department staffing and Y2K contingency plans for December 31, 1999, at attached to the Assistant to the City Administrator’s memo dated October 25, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving renewal of firefighters’ disability insurance coverage for 1999-2000 as described in the Human Resources Manager’s memo dated October 28, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, confirming the Fire Chief’s appointment of Nealon Thompson as Captain at Fire Station No. 2 as described in his memo dated October 12, 1999. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, approving hiring the seasonal employees as listed in the Personnel Report and Addendum dated October 28, 1999. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA McKAY CERTIFICATE OF APPRECIATION Mayor Hamann-Roland expressed appreciation to John McKay for his more than 20 years of service as Chair and member of the Urban Affairs Committee. He was appointed May 22, 1979, and will be moving out of the City. The Council presented a Certificate of Outstanding Service to him and thanked him for his volunteer work. 1999 SPECIAL ASSESSMENT ROLLS Mayor Hamann-Roland called the public hearing to order, at 8:06 p.m., on 1999 Special Assessment Rolls No. 462 through 471 and noted receipt of the affidavit of publication of the CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Page 4 hearing notice. The Clerk reviewed the assessments, with a corrected total of $4,181,506.00, for public improvement projects. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:06 p.m. Resolution No. 1999-244 MOTION: of Erickson, seconded by Sterling, adopting approving and levying 1999 Special Assessment Rolls No. 462 through 471 in the total amount of $4,181,506.00. Ayes - 4 - Nays - 0. Mayor Hamann-Roland called the public hearing to order, at 8:07 p.m., on 1999 Special Assessment Roll No. 474 and noted receipt of the affidavit of publication of the hearing notice. The Clerk reviewed the assessments for delinquent utility and tree removal charges in the revised total amount of $34,680.27. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:08 p.m. Resolution No. 1999-245 MOTION: of Sterling, seconded by Grendahl, adopting approving and levying 1999 Special Assessment Roll No. 474, in the total amount of $34,680.27. Ayes - 4 - Nays - 0. NWA FEDERAL CREDIT UNION ATM Mr. Lovelace reviewed the Planning Commission recommendation on the request of Northwest Airlines Federal Credit Union to locate an off-site automated teller machine (ATM) in the parking lot of the Commons II building. Access would be from a driveway to Glazier Avenue. Mark Nelson, representing the petitioner, was present to answer questions. Councilmember Sterling asked what would happen if the Credit Union does not construct a building and the ATM remains? Mr. Lovelace said the zoning on the property permits this as an accessory use and a building permit would be issued. No condition for removal is being placed on the unit so it probably could remain. Resolution No. 1999-246 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit to Northwest Airlines Federal Credit Union for an automated teller machine on Lot 1, Block 1, Apple Valley Commons 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. U-HAUL APPLE VALLEY ADDITION Ms. Milton reviewed the Planning Commission recommendation on a proposed U-Haul rental and storage facility on 151st Street between Galaxie and Foliage Avenues. The Planning Commission had recommended increasing the width of the drive lane to 46 feet in the area designated for recreational vehicle parking. A revised plan was submitted today, reconfiguring those parking bays and negating the need for a wider drive lane. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Page 5 Councilmember Erickson asked where employee parking will be? Ms. Milton said spaces on the east side of the lot are not designated and could be used for employee or customer parking. Randy Karl, Director of Development for U-Haul, was present and commented on the site reconfiguration. He said, generally, they do not allow customers to leave vehicles on the site even when they are renting trucks. The landscape plan is being revised and will be increased to comply with the City’s recommendation. Resolution No. 1999-247 MOTION: of Grendahl, seconded by Sterling, adopting approving the one-lot preliminary plat of U-Haul Apple Valley Addition, with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1999-248 MOTION: of Grendahl, seconded by Erickson, adopting approving a Conditional Use Permit for outdoor storage and display of vehicles in U-Haul Apple Valley Addition, with conditions as recommended by the Planning Commission excluding the requirement for a 46-foot wide drive lane. Ayes - 4 - Nays - 0. Resolution No. 1999-249 MOTION: of Sterling, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for a rental and storage facility in U-Haul Apple Valley Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1999-250 MOTION: of Erickson, seconded by Grendah l, adopting ordering the City Engineer to prepare a preliminary feasibility report for Project 99-121, U- Haul Apple Valley Addition Trunk Utility Improvements. Ayes - 4 - Nays - 0. FISCHER SAND & GRAVEL EXTENDED HOURS Mr. Kelley reviewed his memo, dated October 21, 1999, describing the request of Fischer Sand and Aggregate to extend operating hours in conjunction with airport runway reconstruction contracts. The Council previously approved extended operating hours until October 31, 1999. Mr. Hammerstad showed a video of operations in the gravel pit. Trucks are bringing in and dumping material hauled from the airport and being loaded to deliver granular material to the airport. Loads are being wetted down and debris is being cleaned off trucks before they leave the pit. The trucking contractor has instituted truck clean-off at the airport, before return trips are made, and begun sweeping streets on the haul routes. Councilmember Grendahl asked about complaints received. Mr. Hammerstad said, prior to the new procedures, he was receiving 15 calls a day; mainly about heavy truck traffic and debris. Now he has been receiving one or two calls a day. Enforcement of traffic laws and vehicle inspections has had an impact on reducing problems. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Page 6 Mr. Lawell said a meeting was held with representatives of Fischer, Ames Construction, Dakota County, MnDOT, the Highway Patrol, and the airport to discuss traffic and operational problems. Vehicles have been monitored for weight, repair inspections, and traffic violations since then and there have been fewer problems. John Ericson, of Fischer Sand & Aggregate, said they are a supplier for the airport project and do not hire the trucks. Ames Construction is supplying the trucks. They will do whatever they can to address operational issues. Ames is working a 12-hour shift, hauling from 3:30 a.m. to 3:30 p.m., and avoiding the evening rush hour. A street sweeping operation has been started at 9:00 p.m. There is more work coming up at the airport and they want to continue with contracts. Bob Boyer, of TKDA, Engineers for the Metropolitan Airport Commission (MAC), said there are numerous projects going on at the airport. Construction is not scheduled to be completed until 2003. MAC had a meeting with Ames and the Highway Patrol about 10 days before Apple Valley’s meeting and new cleanup procedures were instituted. There is no requirement on daily hours of operation in MAC’s contract with Ames, but there is a completion date. A representative of Ames said they now have two contracts with MAC. They received notice to proceed on the first contract in mid-August and were awarded the second contract in August. On September 10, 1999, they started the 3:30 a.m. to 3:30 p.m. hours of operation. The Council discussed identifying performance standards that should be tied to any extension of the permitted hours. Mr. Lawell said primary items might be on-road driver violations such as speeding and overweight trucks. Measurable standards could include putting a limit on the number of such violations. MOTION: of Erickson, seconded by Hamann-Roland, amending Fischer Sand & Aggregate’s 1999 annual excavation permit by extending hours of operation to include 6:00 p.m. through 6:00 a.m., until November 9, 1999, with requirements for street sweeping and removal of debris from truck as described in the Community Development Director’s memo dated October 21, 1999; and directing Staff to prepare conditions for further extension for consideration at the November 9, 1999, meeting. Councilmember Grendahl said she is opposed to further extension of hours. When the approval was given, residents were promised that if there were complaints about the operation, the extension would be revoked. Councilmember Sterling asked that consideration be given to limiting truck traffic during both morning and evening peak rush hours; particularly if operations are going to be conducted 24 hours a day. CITY OF APPLE VALLEY Dakota County, Minnesota October 28, 1999 Page 7 Vote was taken on the motion. Ayes – 3 – Nays – 1 (Grendahl). COMMUNICATIONS & CALENDAR The Council received a memo dated October 25, 1999, with a calendar listing upcoming events. Mayor Hamann-Roland congratulated the Dakota County HRA on opening the Chasewood Townhomes October 26, 1999. The City received a plaque for its support and Metropolitan Council Chair, Ted Mondale, praised the support for affordable housing in the City. Mayor Hamann-Roland reminded everyone that School District elections will be Tuesday, November 2, 1999. CLAIMS AND BILLS MOTION: of Erickson, seco nded by Grendahl, to pay the claims and bills, check registers dated October 20, 1999, in the amount of $1,343,840.72; and October 27, 1999, in the amount of $8,796,828.80. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:20 o’clock p.m.