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HomeMy WebLinkAbout09/14/2006 CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 14, 2006, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Finance Director Ballenger, 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 Marben, Planning Intern Meyers, Deputy Fire Chief Nealon, 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 Erickson, seconded by Bergman, adding item 5.G – Set Special Meeting on September 28, 2006, at 6:00 p.m., to Meet with Consultant to Discuss Community Development Director Hiring Process, and approving the agenda for tonight’s meeting as amended. Ayes - 5 - 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. Mr. John Eastham, 15727 Harmony Way, was present. He addressed the Council regarding recent letters he submitted to area newspapers. He expressed disappointment in the lack of City Council response to his concerns on the Founders Circle project. Mayor Hamann-Roland provided information on the development of the plans for the Central Village project. Councilmember Goodwin commented on his reply in the newspaper and his overall concern with the motivation behind Mr. Eastham’s remarks. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 2 MOTION: of Goodwin, seconded by Bergman, and approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of August 24, 2006, as written. Ayes - 5 - Nays - 0. Resolution No. 2006-144 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of $20.00 from Alan Kohls towards purchase of a tree for Lebanon Cemetery. Ayes - 5 - Nays - 0. Resolution No. 2006-145 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of $200.00 from Apple Valley American Legion Auxiliary, Unit 1776, for the D.A.R.E. Program. Ayes - 5 - Nays - 0. Resolution No. 2006-146 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on October 14, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2006-147 MOTION: of Goodwin, seconded by Bergman, adopting setting a public hearing on October 12, 2006, at 8:00 p.m., on the application for On-Sale Wine and 3.2 Percent Malt Liquor Licenses by Osaka Japanese Restaurant, Inc., d/b/a Osaka Seafood & Steakhouse. Ayes - 5 - Nays - 0. Resolution No. 2006-148 MOTION: of Goodwin, seconded by Bergman, adopting authorizing execution of a Grant Agreement with Dakota County Traffic Safety Group from October 1, 2006, through September 30, 2006, and authorizing the Chief of Police to sign the Agreement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Revised D.A.R.E. and Police Liaison Services Agreement with Independent School District 196, for the 2006- 2007 school year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving participation in the Minnesota Cities Stormwater Coalition (MCSC), authorizing the annual membership fee of $1,125.00, and further authorizing the Mayor and City Clerk to sign the Letter of Understanding as attached to the Natural Resources Coordinator’s memo dated September 15, 2006. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 3 Resolution No. 2006-149 MOTION: of Goodwin, seconded by Bergman, adopting approving the final plat of Westerberg Addition, waiving the requirement for a development agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-150 MOTION: of Goodwin, seconded by Bergman, adopting approving the final plat and Subdivision Agreement for Magellan Addition and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0 - Abstain - 1 (Grendahl). Resolution No. 2006-151 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Project 06-331, Southeast Trunk Water Main; and authorizing advertising for receipt of bids, at 9:00 a.m., on October 9, 2006. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Traffic and Lighting Infrastructure Maintenance Agreement with the City of St. Paul, as attached to the Public Works Director’s memo dated September 14, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving extension of the current contract with STDEA Readers, Inc., for meter reading services through October 1, 2008. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Jerry’s Transmission Service, Inc., d/b/a North Central Ambulance Sales and Service, for Quint Fire Apparatus with Pump and 75’ Ladder, in the amount of an additional $373.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Electric Pump, Inc., for Pennock Shores Storm Lift Station Pump Replacement, extending the deadline to October 20, 2006. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Kelley Park Concrete and Asphalt as final and authorizing final payment on the contract with Ron Kassa Construction, in the amount of $107,998.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 05-282, Wirsbo 2nd Addition Utility and Street Improvements, as final and authorizing final payment on the contract with Friedges Contracting Company, in the amount of $11,252.30. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 4 MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees, as listed in the Personnel Report and Addendum dated September 14, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA DONATION FROM SAFE & SOBER PROGRAM Police Chief Johnson said traffic safety is a high priority. It shows in the City’s educational programs, engineering of roadways, and enforcement. One of the tools used in enforcement is the radar gun which is used to measure a vehicle’s speed. A radar gun uses a radio beam and can have difficulty discerning one vehicle out of many. He introduced Mr. Bob O’Brien and Ms. Jean Ryan from the Minnesota Department of Public Safety Safe & Sober Program. They are present to donate a laser gun, which uses infrared laser technology and is more precise than the standard radar gun in identifying a single vehicle. Ms. Ryan described the Safe & Sober Program and its partnership with local police departments. She commended the City on its enforcement efforts and the lead role it plays in collaborative efforts throughout Dakota County. Mr. O’Brien presented the City with a Kustom Pro Laser III speed measuring unit. Mr. O’Brien spoke of the dangers of driving while impaired and the importance of using seatbelts. The Council recognized Sergeant Bermel and the Police Department for their work and thanked the Minnesota Department of Public Safety for its generous donation. Resolution No. 2006-152 MOTION: of Grendahl, seconded by Erickson, adopting accepting, with thanks, the donation of a Kustom Pro Laser III, valued at $3,157.73, from the Minnesota Department of Public Safety Safe & Sober Program for use by the Police Department. Ayes - 5 - Nays - 0. MOUNT OLIVET ADDITION VACATION HEARING Ms. Dykes reviewed the request for vacating various easements located on Lot 1, Block 1, Mount Olivet Addition (14201 Cedar Avenue). The 8.5 acre property originally consisted of three parcels, each with their own drainage and utility easements. The property was replatted in May 2006. The property owner wishes to vacate the easements in order to expand the existing church or build an accessory building. Easements along the perimeter of the lot will remain in place. Frontier Communications notified the City that it has a cable buried in one of the easements. The City cannot vacate the easement until the cable is relocated. This will require a private agreement between Frontier Communications and Mt. Olivet Assembly of God Church. The City can hold the hearing but cannot act on the item until Frontier Communications informs the City that the buried facilities have been relocated and the easement can be vacated. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 5 Mayor Hamann-Roland called the public hearing to order, at 8:25 p.m., to consider the vacation of various easements located on Lot 1, Block 1, Mount Olivet Addition, and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:26 p.m. RAISING CANE’S RESTAURANT Mr. Meyers reviewed the request for a Conditional Use Permit and site plan review and building permit authorization for construction of a 3,500 square foot restaurant with drive-thru window. The .9 acre property is located at 7501 – 150th Street and is the home of the former Burger King. He reviewed exterior elevations of the building, noting the exterior finish will be a combination of brick and stucco. He reviewed the City’s Traffic Consultant’s comments. The City Engineer had no major issues. Councilmember Bergman asked how the City would ensure a front-facing vehicle is used to pick up trash. Mr. Lovelace said it could be made a condition of the building permit authorization. However, the Traffic Consultant said either a front-facing vehicle during business hours or a rear-facing vehicle after hours would work. Mr. Kay Kramp said they intend to have trash pick up in the early morning. Councilmember Bergman asked if the entrances to the property are in the same or different locations than those used by Burger King. Mr. Meyers said the entrances have not changed. Councilmember Erickson welcomed the petitioner and asked if he had a tentative opening date. Mr. Kary Kramp said they are planning to be open before Christmas. Resolution No. 2006-153 MOTION: of Grendahl, seconded by Bergman, adopting approving a Conditional Use Permit to allow construction of Raising Cane’s restaurant with drive-thru window on Lot 1, Block 1, Dyer Addition (7501 – 150th Street W.), with conditions as recommended by the Planning Commission. Councilmember Bergman asked if the restaurant intends to serve alcohol. Mr. Kary Kramp said no. Vote was taken on the motion. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 6 Resolution No. 2006-154 MOTION: of Erickson, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a 3,500 square-foot Class II restaurant, on Lot 1, Block 1, Dyer Addition (7501 – 150th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. LEBANON CEMETERY ORDINANCE AMENDMENT Mr. Heuer gave the first reading of an ordinance amending Chapter 92 of the City Code regulating Lebanon Cemetery. Section 92.18 Monuments, Markers, and Plantings is amended to include Memorials, and Section 92.20 Hours is amended by changing the hours the cemetery is open to one-half hour before sunrise to one-half hour before sunset. MOTION: of Erickson, seconded by Grendahl, waiving the procedure for a second reading Ordinance No. 795 and passing amending City Code Section 92.18 by adding Memorials, and Section 92.20 by changing the hours the cemetery is open to one- half hour before sunrise to one-half hour before sunset. Ayes - 5 - Nays - 0. SET SALE OF 2006 CITY BONDS Mr. Steve Mattson, of Northland Securities, Inc., the City’s financial consultant, reviewed the proposed sale of $5,785,000 in improvement bonds to finance various improvement projects and $860,000 in equipment certificates to finance various equipment purchases. He further reviewed the associated costs and cash flow analysis. He asked the Council to set the sale date for September 28, 2006, with the bid opening at his office at 11:00 a.m. A recommendation for award of the sale would be brought to the Council at its 8:00 p.m. meeting that night. In the meantime, the City’s bond rating will be reviewed by Moody’s Investor Services. Mayor Hamann-Roland asked about the City’s bond rating. Mr. Mattson said Apple Valley has an Aa2 rating. Only 17 cities in the state have a higher rating. This places Apple Valley in the top one percent. Councilmember Erickson asked about the interest rates. Mr. Mattson said the blended rate over nine years will be approximately 3.8 percent. Councilmember Goodwin asked why the City has such a good rating. Mr. Mattson said the most important factor is the City’s reserve funds or fund balances. For a high rating, a city needs enough money to cover catastrophic situations and changes in laws. They need enough money to operate as well as make debt service payments. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 7 Councilmember Goodwin questioned whether a drop in the City's fund balance would result in a lower bond rating. Mr. Mattson said a dramatic drop in fund balances would be a huge red flag. Councilmember Grendahl said she has concern the City has too much reserve. She also said it was her understanding from the informal meeting earlier this evening there is minimal difference in the ratings between the top three. Councilmember Goodwin said the City's bond rating can change if fund balances are reduced too much. Mr. Mattson said there is not much difference in the three Aa rated bonds today, but that can change. In a matter of weeks, a Aaa bond can become much more expensive. He went on to explain the cost of basis points and how they relate to bond ratings. MOTION: of Erickson, seconded by Goodwin, approving the Financial Advisory Service Agreement with Northland Securities, Inc., as attached to the Finance Director's memo dated September 7, 2006, and authorizing the Mayor and City Clerk to sign the same. Councilmember Bergman said he believes in reserves and does not want to reduce them to the point where the bond rating is affected. Vote was taken on the motion. Ayes - 5 - Nays - O. MOTION: of Bergman, seconded by Erickson, adopting Resolution No. 2006-155 calling for the sale of the City's $5,785,000 General Obligation Improvement Bonds, Series 2006A, on September 28,2006, with bid opening at 11 :00 a.m. and award at 8:00 p.m. Ayes - 5 - Nays - O. MOTION: of Goodwin, seconded by Erickson, adopting Resolution No. 2006-156 calling for the sale of the City's $860,000 General Obligation Equipment Certificates, Series 2006B, on September 28,2006, with bid opening at 11 :00 a.m. and award at 8:00 p.m. Ayes - 5 - Nays - O. PROPOSED 2007 CITY BUDGET AND TAX LEVY Mr. Ballenger reviewed his memo regarding the 2007 proposed budget and property tax levy. The amount set today would be the maximum levy. At final adoption, the amount certified can be decreased but cannot be increased. Mr. Lance Huston, 200 Ridgeview Drive, asked the Council to reject the 2007 proposed budget and tax levy. He stated his personal City taxes have increased significantly since 1999. With the CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 8 increase of homes and businesses, he believes tax rates should be going down. He stated the City cannot charge an infinite amount of taxes for its services and he does not believe the loss of Local Government Aid (LGA) is entirely to blame. Mayor Hamann-Roland clarified that the action before the Council this evening was to set the maximum levy, and that the actual tax levy could still go down. Councilmember Bergman said he hopes with further discussion the amount can go down. He said there are a lot of factors and variables involved in approving the budget and it is not an easy process. He hopes the entire Council can agree on it. Councilmember Erickson said a number of years ago the State capped the maximum valuation of his home. Then, the State decided that was not a wise decision, and it is trying to get back to true market values. As a result, he is experiencing disproportionate increases in his taxes. He suggested that Mr. Huston may be having a similar experience. Councilmember Erickson stated the City basically provides services. He welcomed Mr. Huston’s input in determining which services the City should reduce or eliminate. Councilmember Grendahl said she does not think the City’s budget is that difficult. Resolution No. 2006-157 MOTION: of Bergman, seconded by Erickson, adopting approving the proposed 2007 budgets, with total revenue of $42,663,707.00 and expenditures of $42,327,443.00, and approving the proposed tax levy collectible in 2007 of $20,094,045.00 consisting of $18,841,516.00 for general purposes and $1,252,529.00 for debt purposes. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, setting a public hearing on the proposed 2007 budgets and tax levy, at 7:00 p.m. on December 11, 2006. Ayes - 5 - Nays - 0. SET SPECIAL MEETING MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 6:00 p.m., on September 28, 2006, at the Municipal Center, for the purpose of discussing the Community Development Director hiring process with the consultant. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Mayor Hamann-Roland reminded everyone of the Ring-Around-the-Arts Festival, the Police Department open house, and the Fire Department Booya this weekend. Councilmember Grendahl said the Minnesota Valley Transit Authority (MVTA) is looking at major cuts if the bond referendum dedicating the motor vehicle sales tax to highways and public CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 9 transit does not pass in November. She asked if the League of Minnesota Cities (LMC) took a stand against the referendum. Mayor Hamann-Roland said the League of Minnesota Cities is in favor of the Constitutional amendment. Councilmember Goodwin said the League of Minnesota Cities is a supporter of the Constitutional amendment and is behind the Vote Yes campaign. Councilmember Grendahl asked staff to provide documentation verifying the League of Minnesota Cities supports the amendment. She then recommended the City withdraw its membership with the Municipal Legislative Commission (MLC). She asked if there was one more meeting before a withdrawl would have to be acted upon. Mr. Lawell said, as was talked about at the last meeting, any action would have to occur tonight. Councilmember Grendahl said the Council could withdraw its membership tonight and renew its membership at a later date if it changed its mind. Mayor Hamann-Roland said the Municipal Legislative Commission has the attention of the Governor. Councilmember Bergman said he did not have enough information to make a decision. Councilmember Erickson agreed and said it was too bad the Council did not have anything to review prior to the meeting. Councilmember Goodwin reminded the Council they have the opportunity to bring concerns to the Council, and if they have issues they should ask staff to include them on the agenda. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Erickson, approving the calendar of upcoming events as included in the City Clerk’s memo dated September 11, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by Erickson, to pay the claims and bills, check registers dated August 30, 2006, in the amount of $2,026,990.84; September 6, 2006, in the amount of $2,401,622.78, and September 13, 2006, in the amount of $5,984,140.05. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 14, 2006 Page 10 MOTION: of Goodwin, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:17 o’clock p.m.