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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.