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HomeMy WebLinkAbout04/10/1997CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1997 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 10th, 1997, at 8:00 o’clock p.m., at Apple Valley City Hall. PRESENT: Mayor Humphrey; C ouncilmembers Erickson, Grendahl, and Sterling. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Gretz, City Clerk Mueller, City Attorney Sheldon, City Engineer Gordon, 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. Mayor Humphrey welcomed members of Boy Scout Troop 205 who were attending tonight’s meeting. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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 Sterling, seconded by Grendahl, approving all items on the consent a genda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Sterling, seconded by Grendahl, approving the minutes of the regular meeting of March 27th, 1997, as written. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, proclaiming April 25, 1997, as “Arbor Day” and May 1997, as “Arbor Month”; and urging citizens to become aware of the importance of trees and participate in tree planting programs. Ayes - 4 - Nays - 0. Resolution No. 1997-72 MOTION: of Sterling, seconded by Grendahl, adoptin g accepting, with thanks, the donation of use of two personal water craft units for use by the Fire Department’s Water/Dive Rescue Team from South Metro Motor Sports and Yamaha Corporation. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1997 Page 2 Resolution No. 1997-73 MOTION: of Sterling, seconded by Grendahl, adopting approving the Application for Exemption from Lawful Gambling License of Apple Valley American Legion Auxiliary, Unit 1776, for an event on May 3rd, 1997; and waiving any waiting period for State Gambling Control Board approval. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving payment of 1997 dues, in the amount of $2,500.00, to the 35-W Solutions Alliance as recommended in the City Administrator’s memo dated March 24, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving issuance of 1997 filling station, cigarette sales, and off-sale 3.2 percent beer licenses to Phillips Petroleum, at 15500 Cedar Avenue. Ayes - 4 - Nays - 0. Resolution No. 1997-74 MOTION: of Sterling, se conded by Grendahl, adopting supporting House File 1208 and Senate File 1182 to appropriate funds for grants to local communities for forest ecosystem health programs in 1998 and 1999. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, granting a setback variance to allow construction up to 28.1 feet from the rear lot line on Lot 5, Block 2, Cedarwick, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 1997-75 MOTION: of Sterling, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 97-530, Cedar Isle Estates 6th Addition Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on May 8, 1997. Ayes - 4 - Nays - 0. Resolution No. 1997-76 MOTION: of Sterling, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 97-530, Cedar Isle Estates 6th Addition Utility and Street Improvements. Ayes - 4 - Nays - 0. Resolution No. 1997-77 MOTION: of Sterling, sec onded by Grendahl, adopting awarding the contract for Project 97-524, 1997 Street Maintenance Program and 147th & Cedar Turn Lanes, to McNamara Contracting, the low bidder, in the amount of $760,425.30. Ayes - 4 - Nays - 0. Resolution No. 1997-78 MOTION: of Sterling, seconded by Grendahl, adopting authorizing the exchange of the City’s three information kiosks for software with Macromedia Technologies, Inc., and the execution of any necessary documents to complete the transaction. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1997 Page 3 Resolution No. 1997-79 MOTION: of Sterling, seconded by Grendahl, adopting declaring the Liquor Stores’ old cash registers and scanners as surplus property and of insignificant value and authorizing their disposal. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving a Contract for Services with Plant Health Associates, Inc., for tree inspection services in 1997 and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Sterling, seco nded by Grendahl, approving contracting with CUI-Career Temps for substitute receptionist/clerical services as listed in the Personnel Report dated April 10, 1997. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Grendahl, approving hiring the seasonal employees as listed in the Personnel Report dated April 10, 1997. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CAMAS MINING EXTENDED HOURS OF OPERATION Mr. Kelley reviewed the request of CAMAS, Inc., for extended hours of operation for sand and gravel mining northeast of 160th Street and Pilot Knob Road as detailed in his memo dated April 4, 1997. Bob Bieraugel, of CAMAS, was present to answer questions. Harvey Olson, 15451 Drexel Way, expressed concern about extending the operating hours. Last year they heard noise and felt vibrations until 10:30 or 11:00 p.m. He has lived there for six years and the asphalt plant was brought in without their knowledge. The 6:00 a.m. to 9:00 p.m. request is too long and 6:00 a.m. to 8:00 p.m. would be more reasonable. Rod Lanners, 15455 Drexel Way, expressed concern about the operation affecting quality of life in the neighborhood. If maintenance is allowed to continue after mining hours, it allows the noise to continue after hours. Mayor Humphrey asked how much more time the mining will take if CAMAS in not granted the extension? Mr. Bieraugel said they believe mining can be completed in the northeast corner of the operation by November. Under normal hours, one-quarter to one-half of another season would be added. By completing the northeast corner, they could move west of the drainage swale next season and be about a quarter of a mile from the homes. Councilmember Sterling expressed concern about maintenance taking place after 9:00 p.m., if operating hours are extended to that time, and asked if that can be restricted? Mr. Gretz said if noise violates PCA standards it can be controlled. Mr. Bieraugel said they recognize the extension would be temporary and they will be back in six weeks to request permanent extension. They understand any approval will be based on their performance during this time and they will be CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1997 Page 4 cooperative. Maintenance is critical to their equipment operation. They have met with the neighbors and given them phone numbers to call and report concerns. Councilmember Grendahl asked if the neighbors are willing to accept the trade-off of extended hours for earlier completion? Mr. Lanners said if CAMAS can guarantee they will be done this year, he would accept some extension. Marilyn Lanners, 15455 Drexel Way, said they attended the CAMAS informational meeting. At 9:30 p.m. last week machines were still running even though they should only be operating until 5:30 p.m. now. She presented a petition requesting enforcement of current operating hours. Councilmember Erickson said he is inclined to approve a six-week trial period. If operating hours are being violated, neighbors should call the Police Department to investigate. MOTION: of Erickson, seconded by Humphrey, approving a temporary extension of operating hours for CAMAS, Inc., sand and gravel mining, northeast of 160th Street and Pilot Knob Road; from 6:00 a.m. to 9:00 p.m. Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturday, through May 1997; as described in the Community Development Director’s memo dated April 10, 1997. Mr. Lanners asked how completion of mining in the northeast corner of the site can be guaranteed? Mayor Humphrey said they will be requesting a revision to their conditional use permit and that will be part of the consideration along with performance standards. Vote was taken on the motion. Ayes - 3 - Nays - 1 (Grendahl). MVTA REPRESENTATION/JOINT POWERS AGREEMENT Mayor Humphrey said the Minnesota Valley Transit Authority’s (MVTA) Bylaws are unclear as to alternate representation. He tendered his resignation as the City’s commissioner and asked that Councilmember Grendahl be appointed as commissioner. MOTION: of Erickson, seconded by Sterling, accepting Mayor Humphrey’s resignation as the City’s commissioner on the Minnesota Valley Transit Authority Board and appointing Councilmember Grendahl as commissioner. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, tabling consideration of the proposed amended Minnesota Valley Transit Authority Joint Powers Agreement and Bylaws as attached to the Community Development Director’s memo dated April 7, 1997. Ayes - 4 - Nays - 0. ORDINANCE AMENDING PERSONNEL POLICIES CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 1997 Page 5 Ms. Margarit gave the first reading of an ordinance amending City Code Sections 16-3, 16-13, and 16-17 by revising certain personnel policies as described in her memo dated April 10, 1997. The amendments would authorize the Police Department to perform criminal background checks on applicants; add additional times when employees may cash out compensatory time; and clarify liquidation of banked sick leave for post-termination City-sponsored group insurance plans. The Council accepted the first reading; the second reading will be scheduled for April 24, 1997. VOLUNTEER RECOGNITION RECEPTION The Council received the City Clerk’s memo dated April 7, 1997, concerning the annual Volunteer Recognition Reception for commission and committee members. It will be scheduled for April 24, 1997, at 7:30 p.m. CLAIMS AND BILLS MOTION: of Erickson, seconded by Grendahl, to pay the claims and bills, check registers dated April 2nd, 1997, in the amount of $951,499.72; and April 9th, 1997, in the amount of $405,151.36. Ayes - 4 - Nays - 0. MOTION: of Sterling, seconded by Erickson, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:45 o’clock p.m.