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HomeMy WebLinkAbout01/11/2007 CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 11th, 2007, 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 Rechtzigel, Human Resources Manager Strauss, and Fire Chief Wassmund. Others present were: State Representative Madore and Dakota County Commissioner Branning. City Clerk Gackstetter administered Oaths of Office to Mayor Hamann-Roland and Councilmembers Bergman and Erickson, who were elected November 7, 2006, for a four-year term expiring December 31, 2010. Mayor Hamann-Roland called the meeting to order at 8:09 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Bergman, removing item 5.A – Resolution Accepting $1,000.00 Donation from Wal-Mart, 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. State Representative Shelley Madore said they are moving forward on property tax relief at the State capitol. She will keep the Council updated as details become available. She further said Dakota County transit needs will be a primary focus. She listed the committees on which she will serve and invited the Council to contact her if they had questions or would like her to provide an update on activities at the capitol. Mr. John Ericson, of Fischer Sand and Aggregate, informed the Council of potential projects which may require extended hauling hours. It is expected the crosstown project will take three years of night hauling. Details on the two airport projects were not available. Mr. Ericson said CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 2 when the projects come up, Fischer Sand and Aggregate plans to bid them. If they are awarded the bids, he will be back with specifics and to request extended hauling hours. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Bergman requested item 4.G – Municipal Center Locker Room Facilities Authorization for Receipt of Bids be moved to the regular agenda for discussion. MOTION: of Grendahl, seconded by Bergman, moving item 4.G – Resolution Approving Plans and Specifications for Municipal Center Locker Room Facilities and Other Remodeling, and Authorizing Advertising for Receipt of Bids to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of December 27, 2006, as written. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving renewal and issuance of licenses and permits for 2007 as listed in the attachment to the City Clerk’s memo dated January 8, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving revised City Attorney’s fees for 2007 legal services as attached to the Assistant to the City Administrator’s memo dated January 11, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving revised City Engineer’s fees for 2007 engineering services as attached to the Public Works Director’s memo dated January 11, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Lease Agreement with Bonestroo, Rosene, Anderlik & Associates, Inc., for office space at the Municipal Center and Central Maintenance Facility, through December 31, 2007, as attached to the Public Works Director’s memo dated January 11, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-1 MOTION: of Grendahl, seconded by Bergman, adopting approving submitting the application for Fiscal Year 2007 Dakota County Community Development Block Grant (CDBG) funding of $138,000.00 for the Housing CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 3 Rehabilitation and Mobile Home Replacement Programs, as attached to the Acting Community Development Director’s memo dated January 4, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2007-2 MOTION: of Grendahl, seconded by Bergman, adopting designating Apple Valley Thisweek as the official newspaper of the City for the year 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-3 MOTION: of Grendahl, seconded by Bergman, adopting designating Anchor Bank of Apple Valley as the official depository for City funds for the year 2007 and accepting its deposit collateral. Ayes - 5 - Nays - 0. Resolution No. 2007-4 MOTION: of Grendahl, seconded by Bergman, adopting designating as additional depositories for City funds for the year 2007: US Bancorp of Minneapolis; Wells Fargo Bank; Northland Securities, Inc.; Dain Bosworth, Inc.; Edward D. Jones & Co.; America Capital Securities; Anchor Bank; Robert W. Baird & Co., Inc.; Brookstreet Securities; Morgan Stanley; and Piper Jaffray. Ayes - 5 - Nays - 0. Resolution No. 2007-5 MOTION: of Grendahl, seconded by Bergman, adopting appointing Northland Securities, Inc., as the City’s bond consultant for the year 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-6 MOTION: of Grendahl, seconded by Bergman, adopting awarding the contract for Refurbishment of 1997 HME/Custom Fire Pumper to North Central Ambulance Sales and Service, the low bidder, in the amount of $91,436.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the reduction of financial guarantees for Eastwood Ridge Addition from $69,406.25 to $68,656.25, as listed in the Community Development Department Specialist’s memo dated January 8, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the contract with Enebak Construction, for Project 06-331, Southeast Trunk Water Main, in the amount of $10,481.10 for additional grading. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement with the Cities of Burnsville, Eagan, Farmington, Lakeville, Mendota Heights, Prior Lake, Rosemount, Savage, Shakopee, and West St. Paul, for 2007-2008 Traffic Marking, Street Sweeping, Crack Sealing, Screening, and Seal Coating, as attached to the Public Works Superintendent’s memo dated January 11, 2007, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 4 MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the agreement with Jeche Excavating, in the amount 726.00, for bond costs, and accepting Utility Installation at Legacy Park North as final and authorizing final payment in the amount of $28,906.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Project 05-301, 2005 Miscellaneous Utility Improvements, as final and authorizing final payment on the contract with Park Construction Company in the amount of $1,098.09. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, accepting Pennock Shores Storm Lift Station Pump Replacement as final and authorizing final payment on the contract with Electric Pump, Inc., in the amount of $41,503.68. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring the firefighters listed in the Fire Chief’s memo dated January 8, 2007. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring the full time and seasonal employees as listed in the Personnel Report and Addendum dated January 11, 2007. Ayes - 5 - Nays - 0. Resolution No. 2007-7 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture 1457, for use on February 17, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2007-8 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture 1457, for use on March 17, 2007, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MUNICIPAL CENTER LOCKER ROOM FACILITIES Councilmember Bergman expressed concern regarding the cost of installing the locker room facilities. He inquired as to the number of employees expected to utilize the facilities and whether the City would receive a discount on medical insurance premiums for providing an exercise room for its employees. Mr. Lawell responded the City’s insurance rates are based on employees’ experience, and studies indicate wellness has a positive impact on experience ratings. There are some estimates of usage CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 5 for Police Department personnel at the current facility, but usage estimates for all employees would need to be gathered and brought back to the Council. Mayor Hamann-Roland suggested staff gather those statistics. Councilmember Bergman asked if the exercise room and locker facilities would be available to the public. He also asked about the risk of injury and if employees would use the facility during work hours. Councilmember Erickson said the installation of locker room facilities was approved in December 2005 as part of the 2006 budget. Wellness is important and he believes the project is appropriate. Councilmember Grendahl indicated she is not in favor of spending that kind of money on locker room facilities. Councilmember Goodwin said it is very common throughout Minnesota and the Midwest for city and county police personnel to have workout rooms. The thought was to open up the facilities that are typically provided for police personnel to all employees in order to improve wellness. Councilmember Bergman said he agrees with providing an exercise facility for police and fire personnel, but is sensitive to opening it up for all employees. Resolution No. 2007-9 MOTION: of Erickson, seconded by Goodwin, adopting approving plans and specifications for Municipal Center Lower Level Locker Facilities and Other Remodeling; and authorizing advertising for receipt of bids, at 10:00 a.m., on February1, 2007. Ayes - 3 - Nays - 2 (Bergman and Grendahl). NATIONAL MENTORING MONTH PROCLAMATION Ms. Janet Lekson, Kids 'n Kinship Board Member, commented on the organization's purpose, which is to provide various friendships to children ages 5 to 16 who are in need of a positive adult role model. Kids 'n Kinship has operated in Dakota County for 30 years. Currently, 80 children in Dakota County are on their waiting list, and 23 of them are from Apple Valley. With January being "National Mentoring Month", the organization is publicizing its need for additional adult volunteers. Mayor Hamann-Roland read the proclamation. MOTION: of Erickson, seconded by Grendahl, proclaiming January 2007 as “National Mentoring Month” in Apple Valley. Ayes - 5 - Nays - 0. MOUNT OLIVET CHURCH MULTI-PURPOSE BUILDING CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 6 Ms. Dykes reviewed the request by Mount Olivet Assembly of God Church to find a proposed multi-purpose building similar to other accessory uses in a “P” (Institutional) zoning district and authorization for a site plan/building permit. The building will be approximately 16,000 square feet and is to be used for a youth center. The parking lot will be expanded to 256 parking spaces. She reviewed the grading plan, landscaping plan, and elevation drawings. The stormwater infiltration area and tree mitigation plan meet requirements. The Planning Commission gave both items unanimous approval. Resolution No. 2007-10 MOTION: of Grendahl, seconded by Erickson, adopting finding the multi-purpose building purposed by Mount Olivet Assembly of God Church similar to uses listed in Section 155.247 of the City Code. Ayes - 5 - Nays - 0. Resolution No. 2007-11 MOTION: of Goodwin, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of a 16,000 square foot multi-purpose building on Lot 1, Block 1, Mt. Olivet Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ALL STARS MONTESSORI DAYCARE MOTION: of Erickson, seconded by Goodwin, tabling consideration of a Conditional Use Permit and site plan/building permit authorization for All Stars Montessori Daycare, located on the northwest corner of Glenda Drive and 145th Street W., until January 25, 2007, as requested by the petitioner. Ayes - 5 - Nays - 0. 2007 ACTING MAYOR Resolution No. 2007-12 MOTION: of Goodwin, seconded by Hamann-Roland, adopting appointing Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor, for the year 2007. Ayes - 5 - Nays - 0. URBAN AFFAIRS COMMITTEE VACANCY Ms. Gackstetter said Urban Affairs Committee Member Shelley Madore submitted a letter announcing her resignation from the Urban Affairs Committee effective January 1, 2007. She recommended the Council accept Ms. Madore’s resignation and accept applications from residents interested in serving on the Urban Affairs Committee through February 9, 2007, with possible appointment on February 22, 2007. Councilmember Erickson thanked Ms. Shelley Madore for almost 14 years of service to the Urban Affairs Committee and City of Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 7 MOTION: of Goodwin, seconded by Grendahl, accepting the resignation from Urban Affairs Committee Member Shelley Madore, and thanking her for her dedicated service to the City of Apple Valley. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, authorizing accepting applications from residents interested in serving on the Urban Affairs Committee until February 9, 2007, for consideration in filling the current vacancy. Ayes - 5 - Nays - 0. INDUSTRIAL LAND USE STUDY MOTION: of Grendahl, seconded by Goodwin, directing the Planning Commission to review the Industrial Land Use Study and analyze whether the findings warrant amending the Comprehensive Plan. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 803 and passing amending Section 157.01of the City Code by extending the expiration date of the Interim Use: Study of Industrial Zoning Districts to May 31, 2007. Ayes - 5 - Nays - 0. STAFF ITEMS Mr. Lawell congratulated Utilities Foreman Linda Mullen on receiving her Water Supply System Operator Class A certification. COUNCIL COMMUNICATIONS Councilmember Bergman cautioned residents that hard-wired smoke detectors and carbon monoxide detectors, similar to battery operated devices, have a limited life expectancy, often around ten years. He encouraged residents to be safe and replace older devices. Mayor Hamann-Roland reminded residents to stay off thin ice. CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated January 11, 2007, 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 Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated December 29, 2006, in the amount of $2,469,821.15; January 3, 2007, in the CITY OF APPLE VALLEY Dakota County, Minnesota January 11, 2007 Page 8 amount of $2,050,428.98; and January 10, 2007, in the amount of $1,303,270.85. Ayes - 5 - Nays - 0. CLOSE MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Goodwin, seconded by Erickson, to enter into a closed meeting and convene in closed session to discuss LELS Police Sergeants union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 8:50 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Goodwin; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Strauss; Police Chief Johnson; and Police Captain Rechtzigel. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:01 p.m. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:02 o’clock p.m.