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.