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HomeMy WebLinkAbout04/09/1998CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 9th, 1998, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; Cou ncilmembers Erickson, Goodwin, Grendahl, and Sterling. ABSENT: None. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, Park Maintenance Superintendent Adamni, Assistant to the Administrator Grawe, Community Development Director Kelley, Human Resources Manager Margarit, Public Works Director Miranowski, and Police Chief Willow. Mayor Humphrey 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. APPROVAL OF AGENDA MOTION: of Sterling, seconded by Grendahl, approving the agenda for tonight’s meeting as presented. Ayes - 5 - Nays - 0. AUDIENCE Mayor Humphrey asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of March 26th, 1998, as written. Ayes - 5 - Nays - 0. Resolution No. 1998-66 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, a donation of $2,080.00 from Apple Valley American Legion Post 1776 for the Parks and Recreation softball program. Ayes - 5 - Nays - 0. Resolution No. 1998-67 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, a donation of $38.00 from Aagard Sanitation toward sponsorship of recreation program activities. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving annual renewal of membership in the Dakota County Historical Society at a cost of $250.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Apple Valley Tourist Bureau 1998 annual operating budget, with expenditures of $29,566.00, as attached to the Assistant to the Administrator’s memo dated April 6, 1998. Ayes - 5 - Nays - 0. Resolution No. 1998-68 MOTION: of Goodwin, seconded by Grendahl, adopting creating an interim nine-member ad hoc Cemetery Committee to examine and make recommendations on policies and procedures for operating a cemetery, to serve until such time as the Council passes an ordinance establishing a cemetery. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, appointing existing members of the Lebanon Cemetery Board to serve on the ad hoc Cemetery Committee, created by Resolution No. 1998-68, consisting of: Wilton Anderson, Math Fischer, Gary Humphrey, Reid Koepp, Fred Mangano, David Quarberg, John Raiche, Virginia Sterling, and Gary Wagner. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, appointing Jo Colleran to fill the Group AA vacancy on the Black Dog Watershed Management Board of Commissioners as recommended in the Public Works Director’s memo dated April 6, 1998. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, receiving the Apple Valley Telecommunications Advisory Committee 1997 Annual Cable Television Report. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting the sale of unclaimed and surplus property for April 23, 1998, at 6:00 p.m.; and approving a Contract for Services with Schlegel Auction Company to conduct the sale, as attached to the Human Resources Manager’s memo dated April 9, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the sale of a 1937 GMC antique fire truck to the City of Prior Lake, for $8,500.00, as described in the Firefighters’ Relief Association President’s memo dated April 3, 1998. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing issuance of a 1998 Refuse Collection License to New Earth Services, Inc.; and 1998 Filling Station and Cigarette Sales Licenses to Farmers Union Co-op Oil Association. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving an Agreement with Remote Effects Systems, Inc., for providing a 4th of July fireworks display, as attached to the Recreation Specialist’s memo dated April 6, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a Contract with Lakeville, Rosemount, and Farmington and SKB Environmental, Inc., for operation and maintenance of a yardwaste facility, at the old treatment plant site, until December 31, 2000, as attached to the Recycling Coordinator’s memo dated April 3, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving exchange of property in High School Four 2nd Addition; Lot 1, Block 1, to School District 196; and Lot 2, Block 1, to the City as described in the City Attorney’s memo dated April 3, 1998, and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 1998-69 MOTION: of Goodwin, seconded by Grendahl, adopting approving the final plat of Environmental Studies Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 1998-70 MOTION: of Goodwin, seconded by Grendahl, adopting approving plans and specifications for Project 98-469B, 147th and Pennock Area Traffic Signal Improvements, and authorizing advertising for receipt of bids on May 7, 1998, at 2:00 p.m. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approv ing Change Order No. 1 to the contract with CECA Utilities for Project 96-443, Valley Oaks Townhomes Utility Improvements, in the amount of an additional $9,010.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Project 96-443, Valley Oaks Townhomes Utility Improvements, as final and authorizing final payment on the contract with CECA Utilities in the amount of $30,988.41. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving reduction of subdivision financia l guarantees for: Cedar Isle Estates 2nd Addition, from $14,280.00 to $6,270.00 and for Cedar Isle Estates 4th Addition, from $21,325.00 to $2,100.00. Ayes - 5 - Nays - 0. Resolution No. 1998-71 MOTION: of Goodwin, seconded by Grendahl, adopting approving an Agreement with Eagan, Lakeville, and Dakota County to cooperatively purchase police officer candidate testing materials, as attached to the Human CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Page 4 Resources Manager’s memo dated April 9, 1998, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving hiring the part-time and seasonal employees listed in the Personnel Report dated April 9, 1998. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA WILLIAMS PIPELINE SAND & GRAVEL MINING Mayor Humphrey commented on the application of Williams Pipeline Company for sand and gravel mining and processing operations on the northern part of its property located north of County Road 42 and east of future Flagstaff Avenue. He distributed a copy of his letter to Williams suggesting withdrawal of the application. He also read and distributed a copy of a letter from Curtis Proud, of Williams, withdrawing the application and stating a new development plan will be submitted. The new plan will involve mixed use residential uses. The Mayor noted that the 1972 Comprehensive Plan land use map showed industrial uses in the area south of 140th Street, between Galaxie Avenue and Johnny Cake Ridge Road. He compared it to the current uses which are now residential and school/athletic complex uses. He stated that the City has attempted to change the Comprehensive Plan to reflect compatible uses as areas develop and it will continue to do so. Councilmember Goodwin noted that even though Williams indicates it will propose mixed residential uses on the northern 30 acres of its property, a site north of that was proposed for industrial zoning by that property owner. If this request proceeds, the surrounding property owners should be aware of it and it may be an issue if further residential development occurs. MOTION: of Sterling, seconded by Erickson, accepting the request for withdrawal of the petition for a Comprehensive Plan amendment, rezoning from General Industrial to Sand and Gravel, and a Conditional Use Permit, on property located northeast of County Road 42 and future Flagstaff Avenue, as submitted by Williams Pipeline Company in its letter dated April 9, 1998. Ayes - 5 - Nays - 0. CAMAS SAND & GRAVEL OPERATION HOURS Mr. Kelley reviewed the request of CAMAS, Inc., for extended hours of operation, tabled at the March 26, 1998, meeting and his memo dated April 6, 1998, describing revisions to the original request. After 9:00 p.m., haul and fill operations would be conducted in a location farther south and west of the day time operations. This area is about one-third mile from the closest house. Staff examined the site and recommends approval with the stipulation that the City Administrator have authority to terminate the operation if there are complaints. CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Page 5 Dan Quie, CAMAS Plant Manager, reiterated the request for extended hours, from 9:00 p.m. to 5:00 a.m., and asked that if neighbors hear noise, CAMAS be given 24 hours to determine if it is coming from CAMAS’s operation. In the past, they have determined that calls about noise were not coming from CAMAS’s operation, but the noise was traveling from other areas Councilmember Sterling asked if any hazardous material would be hauled into the site? Mr. Quie said no, it is fill material from the airport project and is tested before being hauled. Councilmember Grendahl asked if CAMAS received any calls in response to the letter sent to neighbors April 3rd? Mr. Quie said he talked with Bob Bieraugel today and he had not received any calls. Neither of the two residents present said they had received the letter yet. Harvey Olson, 15451 Drexel Way, said he can agree to operations from 6:00 a.m. to 10:00 or 11:00 p.m., but 20 to 22 hours a day is excessive. He is concerned about noise and vibration, but would be willing to let them try it if he is given phone numbers where he can contact someone if it becomes a problem. He said the extended hours last year were not a problem. Charlene Joyce, 15443 Drexel Way, objected to extended hours stating because of her location, noise seems to travel up the valley to her house. Even noise from trucks on 160th Street would be heard. She commented that she has called the Police about noise in the past and by the time they responded she was told it was gone or they were not able to determine where it was from. Mayor Humphrey said there is a benefit to allowing the hauling operation at night and that is taking a large number of trucks off the road during rush hour traffic. Councilmember Goodwin commented on the issue of noise being heard from traffic on major streets all over the City. He asked how Staff would be able to enforce the restrictions? Mr. Gretz said they would go to the site when called and try to determine what the problem is and whether it can be corrected before making a finding that the operation must cease. Mr. Miranowski said he and Mr. Kelley viewed the site and the area where the hauling will be done is depressed and will confine the noise. There is concern about noise from traffic on 160th Street because it is at about the same elevation as the homes and noise could travel in that direction. Mr. Sheldon said CAMAS would have to agree to the conditions of the approval and accept that it will abide by any finding of the City Administrator to stop operations. Norm Jaeger, of CAMAS, was present and said they will agree to the conditions of approval and cease operations if requested by the City Administrator. They believe they can control the noise of loading and unloading trucks. MOTION: of Erickson, seconded by Goodwin, accepting Staff recommendation, as contained in the Community Development Director’s memo dated April 6, 1998, and CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Page 6 approving CAMAS’s request for temporary extended excavation permit operating hours, from 9:00 p.m. to 5:00 a.m., Monday through Friday, from April 13 to May 29, 1998; subject to cessation and termination if, in the sole judgment of the City Administrator, the operations appear to be adversely affecting adjacent residential neighborhoods. Ayes - 4 - Nays - 1 (Grendahl). PARK CONSTRUCTION PROJECTS Mr. Adamini reviewed the memo dated April 6, 1998, describing bids received for the Outdoor Family Aquatic Center and Teen Center Building and Community Center Gym Addition. Roger Purdy, of Bossardt Corporation, and Wayne Hilbert, of Cording-Natwick-Hilbert, were present to answer questions. Resolution No. 1998-72 MOTION: of Goodwin, seconded by Sterling, adopting awarding contracts for the Outdoor Family Aquatic Center, to the various low bidders, in the total amount of $2,637,270.00, as listed in the Construction Manager’s letter dated April 3, 1998, subject to the City receiving title to Lot 2, Block 1, High School Four 2nd Addition. Ayes - 5 - Nays - 0. Resolution No. 1998-73 MOTION: of Sterling, seconded by Goodwin, adopting awarding contracts for the Teen Center Building and Community Center Gym Addition, to the various low bidders, in the total amount of $1,342,120.00, as listed in the Construction Manager’s letter dated April 3, 1998, subject to the City receiving title to Lot 2, Block 1, High School Four 2nd Addition. Ayes - 5 - Nays - 0. PROMOTIONAL & TEMPORARY SIGNS Mr. Kelley gave the second reading of an ordinance amending City Code Sections 6-104, 6-105, and 6-106 regulating temporary and promotional signs and banners. The changes include expanded use of civic promotional signs; providing for a no-fee permit process for banners, balloons, and streamers; clarifying that off-site advertising or billboard signs are prohibited on both private property and public right-of-way; and specifying location of gasoline pump island canopy signs. It was reviewed with Chamber of Commerce representatives, as requested, who agreed the changes were of a housekeeping nature and had no comments. Ordinance No. 645 MOTION: of Erickson, seconded by Good win, passing amending City Code Sections 6-104, 6-105, and 6-106 regulating temporary and promotional signs and banners; clarifying when permits are required, and specifying their placement. Ayes - 5 - Nays - 0. KNOTTYWOODS VACATION CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 1998 Page 7 Mr. Kelley reviewed his memo dated April 9, 1998, concerning a request to vacate an unnamed and unconstructed half street right-of-way in Knottywoods. The property is located at 134th Street, west of Pilot Knob Road. Resolution No. 1998-74 MOTION: of Erickson, seconded by Goodwi n, adopting setting a public hearing, at 8:00 p.m., on May 14, 1998, to consider vacating a half street right-of-way adjacent to Lots 24 and 25, Knottywoods. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated April 6, 1998, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated April 1, 1998, in the amount of $3,098,366.02; and April 8, 1998, in the amount of $3,961,250.44. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Sterling, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:00 o’clock p.m.