HomeMy WebLinkAbout10/26/2006
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 26, 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 Hills, 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, Human
Resources Manager Strauss, 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 Grendahl, approving the agenda for tonight’s meeting as
presented. 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. Joe Sexton, 7167 -131st Circle, commented about the increased airplane noise since the
opening up of the new runway. He voiced concern property values may decrease. He asked the
Council to request planes fly at higher altitudes and lower their landing gear closer to the airport.
Councilmember Bergman said he and members of the Metropolitan Airports Commission (MAC)
Noise Oversight Committee (NOC) are trying to arrange an open house in Apple Valley at which
residents and key airline representatives can meet.
CONSENT AGENDA
Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item
from the consent agenda.
MOTION: of Goodwin, seconded by Grendahl, and approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Page 2
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting
of October 12, 2006, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Grendahl).
Resolution No. 2006-181
MOTION: of Goodwin, seconded by Grendahl, adopting
accepting, with thanks, the donation of $1,795.50 from Young Fishers, Inc.,
towards the Farquar Lake aeration system electrical service. Ayes - 5 - Nays - 0.
Resolution No. 2006-182
MOTION: of Goodwin, seconded by Grendahl, adopting amending
the 2006 On-Sale Wine and 3.2 Malt Liquor Licenses held by JI, Inc., at 7534 –
149th Street W., by changing the name of the licensee to JI of S, Inc., d/b/a Jade
Island Chinese Cuisine. Ayes - 5 - Nays - 0.
Resolution No. 2006-183
MOTION: of Goodwin, seconded by Grendahl, adopting setting a
public hearing, at 8:00 p.m., on November 21, 2006, on applications for renewal of
on-sale liquor and wine licenses for 2007. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving renewal of a Currency Exchange
License by the Minnesota Department of Commerce to Wal-Mart Stores, Inc.,
d/b/a Wal-Mart Supercenter #2642, for premises at 7835 – 150th Street W. Ayes
- 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving renewal of a Currency Exchange
License by the Minnesota Department of Commerce to Checks Cashed of
America, LLC, d/b/a Money Xchange, for premises at 15465 Cedar Avenue. Ayes
- 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a Tobacco Sales
License, expiring December 31, 2007, to Grand St. Paul CVS, LLC, d/b/a
CVS/pharmacy #663, at 15051 Galaxie Avenue. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, authorizing applications to OSHA for
matching safety grants in the amounts of $18,974.60 and $8,672.74 as submitted
by the Utilities and Parks Maintenance Divisions, respectively, and attached to the
Public Works Superintendent’s memo dated October 26, 2006. Ayes - 5 - Nays -
0.
MOTION: of Goodwin, seconded by Grendahl, approving the updated Snow and Ice Control
Policy and Procedures as attached to the Public Works Superintendent’s memo
dated October 26, 2006. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial
guarantees for Hope Church from $7,987.50 to $3,125.00; Dick’s Valley Service
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Page 3
from $2,800.00 to $0; Legacy from $75,000.00 to $2,500.00; Haralson
Apartments from $52,993.50 to $10,5000.00; Hawthorn from $31,250.00 to $0;
Hawthorne 2nd and 3rd Addition from $1,112,000.00 to $0; and Hawthorn –
NRMP from $42,250.00 to $0, as listed in the Community Development
Secretary’s memo dated October 23, 2006. . Ayes - 5 - Nays - 0.
Resolution No. 2006-184
MOTION: of Goodwin, seconded by Grendahl, adopting approving
the final plat and Subdivision Agreement for Fulford Addition, waiving the
requirement for a development agreement, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving Agreements with Fischer Sand &
aggregate Company, Cobblestone Lake, LLC, Cobblestone Lake Development,
LLC, and Nordic Square Limited Partnership, for the acquisition of a Drainage and
Utility Easement in connection with Project 03-237, 153rd Street Construction,
and authorizing payment of $74,700.00 to Fischer Sand & Aggregate Company, as
attached to the City Engineer’s memo dated October 23, 2006; and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the purchase of video equipment as
recommended by the Apple Valley, Farmington, & Rosemount Cable Commission
(AFRCC) and described in the Cable Coordinator’s memo dated October 20,
2006. Ayes - 5 - Nays - 0.
Resolution No. 2006-185
MOTION: of Goodwin, seconded by Grendahl, adopting approving
specifications for a City Wide Telephone System; and authorizing advertising for
receipt of proposals, at 11:00 a.m., on November 28, 2006. Ayes - 5 - Nays - 0.
Resolution No. 2006-186
MOTION: of Goodwin, seconded by Grendahl, adopting awarding
the contract for Project 06-331, Southeast Trunk Water Main, to Enebak
Construction Company, the low bidder, in the amount of $499,689.78. Ayes - 5 -
Nays - 0.
Resolution No. 2006-187
MOTION: of Goodwin, seconded by Grendahl, adopting awarding
the contract for Project 06-338, Well Pump No. 4, 13, 16 & LZP1 Maintenance,
to Keys Well Drilling Company, the low bidder, in the amount of $73,443.00.
Ayes - 5 - Nays - 0.
Resolution No. 2006-188
MOTION: of Goodwin, seconded by Grendahl, adopting awarding
the contract for 2007 Mowing and Trimming Maintenance Services to Southside
Lawn and Snow, Inc., the low bidder, in the amount of $34,553.36. Ayes - 5 -
Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Page 4
MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for Cedar Knolls
Meter and Vault Installation with Minger Construction, Inc., in the amount of
$27,050.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5
- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, accepting Project 05-293, Galaxie Avenue
Turn Lanes, as final and authorizing final payment on the contract with Bituminous
Roadways, Inc., in the amount of $79,794.64. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, accepting Project 06-330, Interior Coating
and Exterior Cleaning of Valleywood Reservoir, as final and authorizing final
payment on the contract with TMI Coatings, Inc., in the amount of $8,227.50.
Ayes - 5 - Nays - 0.
Resolution No. 2006-189
MOTION: of Goodwin, seconded by Grendahl, adopting approving
the Safety and Health/AWAIR Program. Ayes - 5 - Nays - 0.
Resolution No. 2006-190
MOTION: of Goodwin, seconded by Grendahl, adopting amending
the Health Reimbursement Arrangement for City Employees effective January 1,
2007. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving hiring the seasonal employees as
listed in the Personnel Report dated October 26, 2006. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
2006 SPECIAL ASSESSMENT ROLL 545
Mr. Ballenger described Special Assessment Roll No. 545, totaling $99,145.02, for delinquent
utility charges.
Councilmember Grendahl questioned if the City stops service for delinquent accounts.
Mr. Ballenger responded the City does not turn water off due to a delinquent account.
Councilmember Bergman asked who pays the delinquent account for a business that no longer
exists.
Mr. Ballenger said the amount goes against the property.
Mayor Hamann-Roland called the public hearing to order, at 8:16 p.m., on Special Assessment
Roll No. 545 and noted receipt of the affidavit of publication of the hearing notice. Mr. Ballenger
said no written objections were received. The Mayor asked for questions or comments from the
Council and the audience. There were none and the hearing was declared closed at 8:17 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Page 5
Resolution No. 2006-191
MOTION: of Goodwin, seconded by Erickson, adopting approving
and levying 2006 Special Assessment Roll No. 545, for delinquent utilities, in the
total amount of $99,145.02. Ayes - 5 - Nays - 0.
2006 SPECIAL ASSESSMENT ROLL 546
Mr. Ballenger described Special Assessment Roll No. 546, totaling $7,490.60, for delinquent false
alarm and weed removal charges. The amount is up from last year.
Councilmember Erickson questioned if the number of false alarms has gone down since the City
implemented the false alarm charge.
Mr. Ballenger said he was unsure of the exact numbers.
Councilmember Grendahl asked if the majority of charges to business were for false alarms or
weeds.
Mr. Ballenger said most of delinquent accounts for businesses were due to weeds.
Mayor Hamann-Roland called the public hearing to order, at 8:19 p.m., on Special Assessment
Roll No. 546 and noted receipt of the affidavit of publication of the hearing notice. Mr. Ballenger
said no written objections were received. The Mayor asked for questions or comments from the
Council and the audience. There were none and the hearing was declared closed at 8:20 p.m.
Resolution No. 2006-192
MOTION: of Erickson, seconded by Bergman, adopting approving
and levying 2006 Special Assessment Roll No. 546, for delinquent false alarm and
weed removal charges, in the total amount of $7,490.60. Ayes - 5 - Nays - 0.
2006 SPECIAL ASSESSMENT ROLLS 547, 548, and 549
Mayor Hamann-Roland called the public hearing to order, at 8:22 p.m., on Special Assessment
Roll No. 547, 548, and 549, and noted receipt of the affidavit of publication of the hearing notice.
Mr. Ballenger described the assessment rolls, totaling $3,012,026.00, for Wirsbo 2nd Addition
and Legacy North improvements. No written objections have been received. The Mayor asked
for questions or comments from the Council and the audience. There were none and the hearing
was declared closed at 8:23 p.m.
Resolution No. 2006-193
MOTION: of Grendahl, seconded by Bergman, adopting approving
and levying 2006 Special Assessment Roll No. 547, 548, and 549, for
improvements to Wirsbo 2nd Addition and Legacy North, in the total amount of
$3,012,026.00. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Page 6
13599 HARWELL PATH VACATION
Ms. Dykes described the request to vacate a 5-foot wide drainage and utility easement at 13599
Harwell Path. The homeowner is requesting the vacation in order to complete the construction of
a retaining wall on the western border of the property. The property owners abutting the
retaining wall have agreed to its location and do not object to the vacation of the easement.
Mayor Hamann-Roland asked if the retaining wall would impact storm water drainage.
Ms. Dykes indicated the wall would actually improve storm water drainage.
Councilmember Bergman asked if the wall was poured concrete.
Ms. Dykes said yes.
Councilmember Bergman asked if the space could be used to construct another garage.
Ms. Dykes stated it would be possible with a variance.
Mayor Hamann-Roland called the public hearing to order, at 8:27 p.m., to consider the vacation
of drainage and utility easements at 13599 Harwell Path, 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 8:28 p.m.
Resolution No. 2006-194
MOTION: of Erickson, seconded by Grendahl, adopting
completing vacation of the drainage and utility easement on part of Lot 1, Block 1,
Chateau Estates Sixth Addition (13599 Harwell Path), and authorizing filing the
Notice of Completion with Dakota County. Ayes - 5 - Nays - 0.
SET SPECIAL INFORMAL MEETING
MOTION: of Erickson, seconded by Goodwin, setting a special informal City Council
meeting, at 3:00 p.m., on November 9, 2006, at the Municipal Center, for the
purpose of interviewing candidates for the Community Development Director
position. Ayes - 5 - Nays - 0.
COUNCIL COMMUNICATIONS
Councilmember Bergman encouraged everyone to vote at the General Election on November 7,
2006.
Mayor Hamann-Roland invited the public to attend the Harvest Festival at Apple Pond Park on
Saturday, October 28, 2006, from 11:30 a.m. to 2:30 p.m., a fund raiser to benefit an Apple
Valley family whose home was lost due to a fire.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 26, 2006
Page 7
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as
included in the City Clerk’s memo dated October 26, 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 Goodwin, to pay the claims and bills, check registers
dated October 18, 2006, in the amount of $4,785,123.59; and October 25, 2006, in
the amount of $10,774,266.33. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 8:31 o’clock p.m.