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.