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HomeMy WebLinkAbout11/09/2006 CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 9, 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, 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 led by Boy Scout Christopher Boyd from Troop 292. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, adding item 4.I – Approve Watermain Easement Agreement with Fischer Sand & Aggregate Company, 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. Ms. Roberta Gibbons, 15810 Harmony Way, said she was present on behalf of State Representative-Elect Shelley Madore, who wished to thank the citizens of Apple Valley for supporting her in the race for the District 37A seat. 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2006 Page 2 MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of October 26, 2006, as written. Ayes - 5 - Nays - 0. Resolution No. 2006-195 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a 1990 Dodge Ram Utility Truck from Anthony Edwards for use in Fire Department training. Ayes - 5 - Nays - 0. Resolution No. 2006-196 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $408.00 from Mark Determan on behalf of the Chief Black Dog District Boy Scouts, towards the purchase of a scout recognition incentive. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the sale of a forfeited vehicle at the State of Minnesota public auction on November 18, 2006, as described in the Public Works Supervisor’s memo dated November 9, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-197 MOTION: of Bergman, seconded by Goodwin, adopting approving specifications to Refurbish a 1997 HME/Custom Fire Pumper, Both Interior and Exterior, Unit 4989; and authorizing advertising for receipt of bids, at 2:00 p.m., on November 28, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-198 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Project 03-237, 153rd Street Utility and Street Improvements, to McNamara Contracting, Inc., the low bidder, in the amount of $715,319.72. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 03-219, Diamond Gates Utility and Street Improvements, as final and authorizing final payment on the contract with Three Rivers Construction, Inc., in the amount of $72,132.22. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting CMF/WTP Security Access Control, as final and authorizing final payment on the contract with VTI Security, in the amount of $28,729.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the appointment of Raymond T. Holm, Jr., to the position of Captain for Fire Station 2, as described in the Fire Chief’s memo dated November 9, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees as listed in the Personnel Report dated November 9, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Watermain Easement Agreement and Waiver of Notice of Hearing and Hearing to Award Project with CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2006 Page 3 Fischer Sand & Aggregate Company, as attached to the City Engineer’s memo dated November 7, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA APPLE PONDS HARVEST FESTIVAL Mayor Hamann-Roland commended several teenagers for their efforts in coordinating the Apple Ponds Harvest Festival. In an effort to build community and foster constructive behavior, the teenagers and their families planned a family event in Apple Ponds Park. Proceeds raised at the event were donated to the Jenson family, who lost their home in a fire. Thanks to the teenagers who partnered with the Police Department, the Parks and Recreation Department, and the City Council, there has been a positive impact on the neighborhood. The Council congratulated the teenagers and their families and presented them with a City pin. JOLENE ADDITION Mr. Lovelace described the request to vacate existing drainage and utility easements on Lot 1, Block 5, Greenleaf Second Addition (6525 – 133rd Street W.) The property owner is requesting the vacation in order to split the lot and form two single family lots, one for new construction. The drainage and utility easements are located along the south, east, and old north property line. The property owner incorporated the one-half right of way of the vacated 132nd Street W. As a result, the easement in the northern portion of the property is 50 feet south of the new property line. If the property is replatted, new drainage and utility easements will be established around the perimeter of each lot. Councilmember Goodwin asked what size the lots would be when split. Mr. Lovelace said Lot 1, which will be the interior lot, will be 15,740 square feet and Lot 2, the corner lot which will contains the existing house, will be 15,250 square feet. The minimum lot size in this zone is 11,000 square feet for an interior lot and 12,500 square feet for a corner lot. Mayor Hamann-Roland called the public hearing to order, at 8:17 p.m., to consider the vacation of drainage and utility easements at 6525 – 133rd Street W., 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 8:18 p.m. Resolution No. 2006-199 MOTION: of Goodwin, seconded by Erickson, adopting completing vacation of the drainage and utility easement on part of Lot 1, Block 5, Greenleaf Second Addition (6525 – 133rd Street W.), and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2006 Page 4 Resolution No. 2006-200 MOTION: of Erickson, seconded by Bergman, adopting approving the preliminary plat of Jolene Addition (6525 – 133rd Street W.) with two single family residential lots, with conditions, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CANVASS OF ELECTION RETURNS Ms. Gackstetter reviewed the results of the General Election held on November 7, 2006. A total of 21,965 ballots were cast, which represents a 65.9 percent voter turnout. She thanked the volunteers and City staff for all their help. The Council expressed appreciation to everyone who helped prepare for and worked at the election. Resolution No. 2006-201 MOTION: of Goodwin, seconded by Grendahl, adopting canvassing the returns of the November 7, 2006, City General Election and declaring that Mary Hamann-Roland was elected Mayor for a four-year term commencing January 1, 2007; and John Bergman and Robert Erickson were elected Councilmembers for four-year terms, each, commencing January 1, 2007. Ayes - 5 - Nays - 0. COUNCIL COMMUNICATIONS Councilmember Erickson stated he wished to assure the residents that City employees and management are doing an outstanding job. CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated November 6, 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 November 1, 2006, in the amount of $1,936,839.36; and November 8, 2006, in the amount of $4,924,953.21. Ayes - 5 - Nays - 0. CLOSE MEETING - ATTORNEY-CLIENT PRIVILEGE Ms. Hills asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss the acquisition of property located at 7990 – 132nd Court. CITY OF APPLE VALLEY Dakota County, Minnesota November 9, 2006 Page 5 MOTION: of Grendahl, seconded by Erickson, to close the regular meeting and convene in closed session to discuss the acquisition of property at 7990 – 132nd Court with the City Attorney. Ayes - 5 - Nays - 0. The meeting was closed at 8:30 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 8:34 p.m., along with City Attorney Hills, City Administrator Lawell, City Clerk Gackstetter, and Public Works Director Heuer. Ms. Hills advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Ms. Hills then discussed the acquisition of property located at 7990 – 132nd Court with the Council. The Council reconvened in open session at 9:14 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:15 o’clock p.m.