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HomeMy WebLinkAbout12/14/2006 CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 14, 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, 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. Mr. Lawell read a statement prepared by Councilmember Erickson stating he was recently diagnosed with lung cancer. He was undergoing surgery today to remove a lesion that had metastasized to his skull. He requested the Council postpone the vote on the budget until the next meeting, indicating he would like to be present to vote on this important issue. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, adding items 4.R – Adopt Resolution Directing Staff to Prepare an Amendment to the Industrial Land Use Study Ordinance and 5.D – Rescheduling December 28, 2006, City Council Meeting on December 27, 2006, and removing item 5.A – Tax Levy and 2007 City Budget, and 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. There were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2006 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of November 21, 2006, as written. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of 3.2 Percent Malt Liquor Licenses for 2007, as attached to the City Clerk’s memo dated December 11, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-232 MOTION: of Goodwin, seconded by Grendahl, adopting approving the transfer of $400,000.00 from the Liquor Fund to the General Fund for 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-233 MOTION: of Goodwin, seconded by Grendahl, adopting approving transfer of $310,865.00 from the Police Relief Fund to the General Fund for 2006. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, appointing Kern, DeWenter, Viere, Ltd., as auditors for the year 2006, at a cost of $41,500.00, and authorizing the Mayor and City Clerk to execute the Letter of Understanding, as attached to the Finance Director’s memo dated December 11, 2006. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing distribution of the draft Surface Water Management Plan (SWMP) to outside agencies for the required 60-day review period. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving submittal of preliminary applications for DNR grant funding for chemical treatment of curlyleaf pondweed in Farquar and Long Lakes. Ayes - 4 - Nays - 0. Resolution No. 2006-234 MOTION: of Goodwin, seconded by Grendahl, adopting accepting a $720.00 Well Sealing Grant from Dakota County for improvements at the Quarry Point Reservoir site. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Encroachment Agreement with Magellan Pipeline Company, L.P., attached to the City Engineer’s memo dated December 7, 2006; and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Assessment Reduction Agreement in the amount of $7,589.00, for Lot 3, Block 1, Embry Estates, attached to the Associate City Planner’s memo dated December 8, 2006; and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2006 Page 3 MOTION: of Goodwin, seconded by Grendahl, setting a public hearing before the Planning Commission, at 7:00 p.m., on January 3, 2007, to receive comments on the proposed 2007-20011 Capital Improvements Program as described in the Acting Community Development Director’s memo dated December 11, 2006. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a 5-foot setback variance to allow construction of a 6’ x 41’ kitchen addition within 25 feet of the front lot line on Lot 12, Block 5, Greenleaf 6th Addition (5707 – 138th Street Court), with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a 4-foot setback variance to allow construction of a 11’ x 32’ third garage stall within 26 feet of the front lot line on Lot 12, Block 5, Greenleaf 6th Addition (5707 – 138th Street Court), with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a 10-foot setback variance to allow construction of a 8.5’ x 5’ covered stoop within 20 feet of the front lot line on Lot 12, Block 5, Greenleaf 6th Addition (5707 – 138th Street Court), with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Agreement for Standby Generator Set and Installation for Sanitary Lift 3 with Allied Generators, Inc., in the amount of $44,180.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Concrete Removal and Replacement Services as final and authorizing final payment on the agreement with Ron Kassa Construction, Inc., in the amount of $19,242.30. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting Cedar Knolls Meter and Vault Installation as final and authorizing final payment on the agreement with Minger Construction, Inc., in the amount of $27,050.00. Ayes - 4 - Nays - 0. Resolution No. 2006-235 MOTION: of Goodwin, seconded by Grendahl, adopting approving the final plat and Subdivision Agreement for Knob Ridge 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the appointment of Steven Casey to the position of Captain for Fire Station 3, as described in the Fire Chief’s memo dated December 5, 2006. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2006 Page 4 MOTION: of Goodwin, seconded by Grendahl, approving hiring the full-time, part-time, and seasonal employees as listed in the Personnel Report dated December 14, 2006. Ayes - 4 - Nays - 0. Resolution No. 2006-236 MOTION: of Goodwin, seconded by Grendahl, adopting directing staff to prepare an amendment to the Industrial Land Use Study Ordinance allowing Magellan Pipeline Company to obtain a building permit. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ORDINANCE AMENDING PLAN REVIEW FEES Mr. Heuer gave the first reading of an ordinance amending City Code Section 150.04 by changing the Minnesota Department to which state permit surcharge fees are paid and adding a paragraph on plan review fees. The fee for plan review is 65 percent of the building permit fee. The City has collected the fee since 1972. The fee will be included in the Fee Schedule Appendix of Title III. Staff recommends waiving the second reading. MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 800 and passing amending City Code Section 150.04 by changing the Minnesota Department to which state permit surcharge fees are paid and adding plan review fees. Ayes - 4 - Nays - 0. ORDINANCE AMENDING FEES CONTAINED IN CITY CODE The City Clerk reviewed proposed amendments to the fee schedule contained in the City Code as described in her memo dated December 11, 2006. Fee adjustments are proposed for Lebanon Cemetery, accident photos, audio tapes of statements, video tapes and DVD’s of meetings, cat and dog impound fees, dog warning signs, consultant fees for development, plan review, Natural Resources Management Permits, Hayes Arena, Valleywood Golf Course, and trunk utility charges. Staff recommends waiving the second reading. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 801 and passing amending the Fee Schedule Appendix of Title III of the City Code by adjusting certain fees and charges effective January 1, 2007. Ayes - 4 - Nays - 0. RESCHEDULE COUNCIL MEETING MOTION: of Grendahl, seconded by Goodwin, approving rescheduling the December 28, 2006, City Council meeting on December 27, 2006, beginning at 5:30 p.m. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 14, 2006 Page 5 COUNCIL COMMUNICATIONS Councilmember Grendahl said she recently represented the Minnesota Valley Transit Authority (MVTA) and other opt-out cities before the Metropolitan Council Transportation Advisory Board (TAB). The Apple Valley Transit Station usage statistics were reviewed. The most recent license plate survey numbers show 52 percent of the vehicles using the Apple Valley Transit Station are from outside the transit taxing district. The TAB voted unanimously to require cities in the 7- county metro area to join the transit taxing district. It will now go to the full TAB committee for review. Councilmember Grendahl further said there was also discussion about requiring cities to be part of the transit taxing district in order to apply for Congestion Mitigation Air Quality (CMAQ) funds. A subcommittee was set up to investigate the matter further. She noted if these items move forward, there will be work that needs to be done at the Legislature. Mayor Hamann-Roland asked State Representative-Elect Madore, who was in the audience, to help relay the importance of requiring cities to be part of the transit taxing district to the Legislature. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the revised calendar of upcoming events as included in the City Clerk’s memo dated December 11, 2006, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. Mayor Hamann-Roland wished everyone a happy holiday. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated November 29, 2006, in the amount of $1,664,443.19; December 6, 2006, in the amount of $22,200,501.33; and December 13, 2006, in the amount of $2,883,996.92. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:23 o’clock p.m.