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HomeMy WebLinkAbout04/27/2006 CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 27, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Erickson. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, and Human Resources Manager Strauss. 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 Goodwin, approving the agenda for tonight’s meeting, as amended. 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. No one was present to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Bergman asked that item 4.H be moved to the regular agenda. Councilmember Grendahl asked that item 4.R be moved to the regular agenda. MOTION: of Goodwin, seconded by Grendahl, moving consideration of 4.H – Resolution Denying Extension of Building Permit for Temporary Sales Building in Connection with Diamond Gates Development and 4.R – Personnel Items-Hiring Part-Time and Seasonal Employees to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of April 25, 2006, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Page 2 Resolution No. 2006-59 MOTION: of Goodwin, seconded by Grendahl, adopting accepting, with thanks, the donation of a floating dock system, valued at $3,400.00, from Tony Stael, 8938 – 138th Street Court, for use by the Parks and Recreation Department. Ayes - 4 - Nays - 0. Resolution No. 2006-60 MOTION: of Goodwin, seconded by Grendahl, adopting consenting to the appointment of Deputy City Clerk Dorene Perkins by City Clerk Gackstetter. Ayes - 4 - Nays - 0. Resolution No. 2006-61 MOTION: of Goodwin, seconded by Grendahl, adopting setting a public hearing on May 25, 2006, at 8:00 p.m., on the application for On-Sale Wine and 3.2 Percent Malt Liquor Licenses by Song Long, Inc., d/b/a Song Long. Ayes - 4 - Nays - 0. Resolution No. 2006-62 MOTION: of Goodwin, seconded by Grendahl, adopting approving 2006 Special Assessment Roll No. 544, for hearing purposes, in the total amount of $100,959.48 for delinquent charges, and setting the public hearing, at 8:00 p.m., on May 25, 2006. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing the expenditure of $50,000.00 from the Park Dedication Fund for park shelter/building repair and landscaping as described in the Parks and Recreation Director’s memo dated April 24, 2006. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a Fireworks Display Agreement with RES Specialty Pyrotechnics, Inc., to provide a fireworks display on July 4, 2006, at a total cost of $18,000.00, as attached to the Parks and Recreation Director’s memo dated April 24, 2006; subject to receipt of a fireworks permit and certificate of insurance, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving reduction of the subdivision financial guarantee for Seasons on the Park – NRMP from $10,625.00 to $2,250.00, and for Seasons on the Park from $10,800.00 to $900.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 3-Year Lease Agreement for golf cars with Versatile Vehicles, Inc., in the amount of $45,000.00. Ayes - 4 - Nays - 0. Resolution No. 2006-63 MOTION: of Goodwin, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 05-305, Village at Founders Circle CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Page 3 Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on May 25, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-64 MOTION: of Goodwin, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 05-305, Village at Founders Circle Utility and Street Improvements. Ayes - 4 - Nays - 0. Resolution No. 2006-65 MOTION: of Goodwin, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary report for Project 06-327, Village at Founders Circle Utility and Street Improvements – Phase 2. Ayes - 4 - Nays - 0. Resolution No. 2006-66 MOTION: of Goodwin, seconded by Grendahl, adopting ordering the City Engineer to prepare a preliminary report for Project 05-312, 2006 Miscellaneous Storm Sewer Improvements. Ayes - 4 - Nays - 0. Resolution No. 2006-67 MOTION: of Goodwin, seconded by Grendahl, adopting approving specifications for Pennock Shores Storm Lift Pump Replacement, and authorizing advertising for receipt of bids, at 2:00 p.m., on May 18, 2006. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the contract with VTI Security, for Central Maintenance Facility/Water Treatment Plant Security Access Control Project, with no change in cost. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving retaining The Brimeyer Group for Community Development Director Phase I Position Profile, at a cost not to exceed $4,000.00 plus expenses, as described in the proposal dated April 21, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-68 MOTION: of Goodwin, seconded by Grendahl, adopting amending the 2006 Pay and Benefit. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2006-2007 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers, as attached to the Human Resources Manager’s memo dated April 24, 2006, and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA DIAMOND GATES TEMPORARY SALES BUILDING MOTION: of Bergman, seconded by Grendahl, tabling consideration of the extension of the building permit for the temporary sales building for Diamond Gates Development until May 11, 2006. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Page 4 PERSONNEL ITEMS Councilmember Grendahl asked if there was a maximum number of hours Mary Mueller would work as an Elections Assistant. Mr. Lawell said staff anticipates she will work approximately 80 hours. MOTION: of Grendahl, seconded by Bergman, approving hiring part-time and seasonal employees listed in the Personnel Report and Addendum dated April 27, 2006. Ayes - 4 - Nays – 0. POPPY DAYS PROCLAMATION Ms. Linnea Powers of the American Legion Auxiliary Poppy Committee was present. She read the proclamation, proclaiming May 19 and 20, 2006, as “Poppy Days”. The Council thanked the Auxiliary for its efforts in remembering those who have died in war by distributing the memorial flowers. MOTION: of Goodwin, seconded by Grendahl, proclaiming May as “Poppy Month” and May 19-20, 2006, as “Poppy Days” and asking citizens to pay tribute to those who have died in war in the name of freedom. Ayes - 4 - Nays - 0. MEMORIAL DAY PROCLAMATION Representative Lloyd Cybart, on behalf of American Legion Post 1776, read a proclamation for “Memorial Day” on May 29, 2006. He invited everyone to the ceremonies at 11:00 a.m. at the Apple Valley American Legion Memorial located behind the American Legion Post on Granada Avenue. Governor Tim Pawlenty will be present to help dedicate the new memorial at 1:00 p.m. MOTION: of Grendahl, seconded by Bergman, acknowledging the Federal Proclamation of May 29, 2006, as “Memorial Day” and asking citizens to remember those who were casualties and injured in the various wars and police actions of the United States. Ayes - 4 - Nays - 0. MAGELLAN ADDITION Ms. Bodmer reviewed the Planning Commission’s recommendation on the subdivision by preliminary plat of Magellan Addition located at the northeast corner of Flagstaff Avenue and County Road 42. The subdivision creates one 47-acre lot for the Magellan tank farm and one 27.2-acre outlot for future development. The applicant requested the resolution include a condition stating the costs to install 147th Street and sidewalks and the lowering of any pipelines be assessed against Outlot A. Although feasible, assessments are typically addressed at the time of the final plat or subdivision agreement. As a result, staff is not recommending any changes to the resolution presented. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Page 5 Councilmember Bergman asked if the construction of 147th Street will be complete before construction begins on Outlot A. Ms. Bodmer said development or further subdivision of Outlot A is one of the triggers which would require the installation of the roadway. Councilmember Goodwin said it would probably be beneficial if Hanson Concrete and Magellan Pipeline Company would communicate their plans to each other. Councilmember Grendahl asked for clarification of condition a, regarding dismissal of the pending lawsuit. City Attorney Dougherty said several years ago this parcel was owned by Williams Bros. Pipeline, who sued the City over a permit denial to mine the site. The lawsuit still exists. If the property is developed, the potential use ultimately changes. The current owner is willing to dismiss the lawsuit as part of the subdivision process. Resolution No. 2006-69 MOTION: of Bergman, seconded by Goodwin, adopting approving the subdivision by preliminary plat of the Magellan Addition, with conditions as recommended by the Planning Commission. Ayes - 3 - Nays - 1 (Grendahl). ORDINANCE AMENDING FEES CONTAINED IN CITY CODE Ms. Dykes reviewed proposed amendments to Chapter 154 of the City Code as described in her memo dated April 24, 2006. The amendment would apply only to motor fuel price signage and would allow for digital or LED signs. Because a public hearing was held on April 5, 2006, and no comments were received, staff is recommending waiving of the second reading. The Planning Commission voted unanimously to recommend approval of the ordinance amendment. Mayor Hamann-Roland asked if pictures would be permitted. Ms. Dykes said only fuel prices would be allowed in the digital or LED format. Councilmember Bergman asked if the signs would be allowed to flash. Ms. Dykes said the ordinance restricts flashing. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading to amend Chapter 154 of the City Code regulating motor fuel sale signs. Ayes - 4 - Nays - 0. Ordinance No. 790 MOTION: of Bergman, seconded by Goodwin, passing amending Chapter 154 of the City Code regulating signs to allow motor fuel digital price signage. Ayes - 4 - Nays - 0. NATIONAL FLOOD INSURANCE PROGRAM Mr. Lovelace updated the Council on its application into the federal flood insurance program. Apple Valley was approved for eligibility for the Federal Emergency Management Agency CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Page 6 (FEMA) Nation al Flood Insurance Program (NFIP) on April 14, 2006. The City will begin in the Emergency Program, which is the first phase and offers limited coverage. After Dakota County completes a flood insurance study and new Flood Insurance Rate Maps (FIRM), and FEMA holds its open house, the program will convert to the second phase or Regular Program. The Regular Program provides greater insurance coverage. Residents interested in the program can contact the Planning Department for contact information or visit the City’s website which will have a link to FEMA’s website. COUNCIL COMMUNICATIONS Councilmember Bergman announced he was voted Primary Representative by the at-large cities of the Metropolitan Airports Commission (MAC) Noise Oversight Committee (NOC) and the Deputy City Manager of Burnsville was voted Alternate. As of April 26, 2006, the at-large cities are officially called Cities Noise Oversight Committee (CNOC). The next meeting of the CNOC is scheduled for May 17, 2006, at 1:30 p.m. The Council invited everyone to attend the third annual tree and shrub sale to be held at the Central Maintenance Facility this Saturday, April 29, 2006, from 8:00 a.m. to noon. The public is encouraged to come early because it is a popular event and the plants are sold on a first-come, first-served basis. Mayor Hamann-Roland announced Apple Valley was named a Tree City USA for the 22nd consecutive year. She thanked staff for their efforts in protecting the City’s trees. Mayor Hamann-Roland said earlier today representatives from Apple Valley Magazine presented the City with a framed print representing its May issue declaring Apple Valley Freedom Days the 2006 Best Community Get-Together. Mr. Johnson described several of the activities that make Freedom Days such a wonderful community event. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated April 24, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated April 20, 2006, in the amount of $3,182,832.81; and April 26, 2006, in the amount of $1,400,662.67. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 27, 2006 Page 7 The meeting was adjourned at 8:47 o’clock p.m.