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HomeMy WebLinkAbout02/08/2007 CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 8th, 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, Parks Maintenance Superintendent Adamini, Finance Director Ballenger, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, and Human Resources Manager Strauss. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. Councilmember Erickson joined the meeting at 8:01 p.m. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as written. 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. 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of January 25, 2007, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 2 Resolution No. 2007-16 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $400.00 from Dondrea Brown towards the purchase of a park bench and plaque. Ayes - 5 - Nays - 0. Resolution No. 2007-17 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing on March 8, 2007, at 8:00 p.m., on the application for On-Sale and Sunday Liquor Licenses by Osaka Japanese Restaurant, Inc., d/b/a Osaka Seafood & Steakhouse. Ayes - 5 - Nays - 0. Resolution No. 2007-18 MOTION: of Bergman, seconded by Goodwin, adopting completing vacation of the drainage and utility easements located on Lot 1, Block 1, Mount Olivet Addition, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the contract with Dakota County for use of Sentenced to Service Program Work Crews for 2007, as attached to the Park Maintenance Superintendent’s memo dated February 8, 2007, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Grant Agreement with Dakota County for Public Health Preparedness Planning, attached to the Police Chief’s memo dated February 5, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the contract with Matrix Communications, Inc., for City Wide Telephone System Project, in the amount $2,850.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the hiring of part-time and seasonal employees as listed in the Personnel Report dated February 8, 2007. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA FISCHER SAND & AGGREGATE EXTENDED HAULING HOURS Mr. John Ericson, of Fischer Sand & Aggregate, LLP, requested extended hauling hours for a bid they are placing on a runway project at the Minneapolis St. Paul International Airport. Material for this project would come from their pit on the east side of Pilot Knob Road and south of County Road 42. The extended hauling will begin August 1, 2007, and will run for 50-working- days. In addition to regular hauling hours, the petitioner is requesting they be allowed to operate Monday through Saturday from 6:00 p.m. to 5:00 a.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 3 Mr. Ericson then described the Crosstown project which would also require extended hours. He stated he will contact the City Administrator when he has more details for this request. MOTION: of Erickson, seconded by Bergman, approving extended hauling hours for Fischer Sand & Aggregate, LLP, from the pit on the east side of Pilot Knob Road and south of County Road 42, beginning August 1, 2007, for 50 working days, Monday through Saturday from 6:00 p.m. to 5:00 a.m. Ayes - 5 - Nays - 0. ALL-STARS MONTESSORI DAYCARE Ms. Dykes reviewed the request by McDonald Construction for a Conditional Use Permit for a private daycare in a “LB” (Limited Business) zoning district and a site plan/building permit authorization for a 4,355 square foot one-story daycare facility. She explained the title of the project reflects the name as originally filed with the City. However, it is staff’s understanding All- Stars Montessori is no longer part of this project. Ms. Dykes said the Planning Commission reviewed the Conditional Use Permit request and determined the daycare use complies with the zoning code and will not adversely affect surrounding uses. The basement of the facility may be used for storage but cannot be occupied. The fence on the north side of the property is located in a drainage and utility easement and will need to be moved to the south. She reviewed the grading plan, landscaping plan, and elevation drawings. The parking, tree mitigation, and storm water infiltration requirements will be met. Councilmember Bergman said without affecting assessments to properties, he would like staff to look at installing sidewalk from this site to 145th Street and along the north side of 145th Street between Pennock and Cedar Avenues. Mr. Heuer noted there is a sidewalk on the south side of 145th Street in this same area. Staff can put together an estimate for the area described by Councilmember Bergman for inclusion in the 2008 budget unless Council would like to see something sooner. Councilmember Bergman said he does not want to see any accidents and would like to make this area pedestrian friendly. Mr. Heuer requested the daycare facility accept an assessment for the sidewalk on its property considering it is generating the need. Councilmember Erickson said he is a proponent of sidewalks, but would like to see some sort of an analysis as to what activities children in a daycare do which require a sidewalk. In many cases, parents drive their children to and from daycare facilities and children are not walking to and from them. Councilmember Grendahl said there is another daycare facility in the area that does not have a sidewalk. She does not want to impose on this facility when it has not been done on others. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 4 Councilmember Bergman said he has seen many people walking along 145th Street and it is a busy street. Resolution No. 2007-19 MOTION: of Grendahl, seconded by Goodwin, adopting approving a Conditional Use Permit to allow construction of a daycare facility on the northwest corner of Glenda Drive and 145th Street W., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2007-20 MOTION: of Goodwin, seconded by Bergman, adopting approving the site plan and authorizing issuance of a building permit for a 4,355 square-foot daycare facility, on the northwest corner of Glenda Drive and 145th Street W., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. BGH ESTATES Mayor Hamann-Roland read the letter submitted from BGH Estates dated February 8, 2007, requesting their application for a Comprehensive Plan Amendment, rezoning, preliminary plat, site plan review/building permit authorization, and variances be removed from the agenda. MOTION: of Goodwin, seconded by Erickson, removing the from the agenda the request from BGH Estates for a Comprehensive Plan Amendment, rezoning, preliminary plat, site plan review/building permit authorization, and variances, as requested by the petitioner. Ayes - 5 - Nays - 0. Councilmember Goodwin asked if the petitioner will be bringing this item back at a future date. Mr. Michael Falk, of McDonald Construction, Inc., said the petitioners want to keep their options open. They may opt to come back at a different time. UPDATE OF TRANSPORTATION PLAN Mr. Heuer said the proposal by SEH to update the City’s Transportation Plan was presented at the meeting of January 25, 2007. At that time, the Council asked to see the consultant’s hourly rates and find out what other cities are paying for their transportation plan updates. Mr. Heuer reviewed the hourly rates of various engineering consultants. He then recapped information he received from the Cities of Burnsville, Eagan, Inver Grove Heights, Lakeville, and Rosemount. Each city is using a somewhat different process and the costs vary. The proposal to update the plan in Eagan is slightly more than Apple Valley’s proposal; however, Eagan has an Engineering Division which will be supplying a portion of the work. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 5 Mr. Heuer noted the Transportation Plan is just one of seven components to be updated in the Comprehensive Guide Plan. He would like the transportation portion completed by this fall. There is some confusion as to when the updated Comprehensive Guide Plan is due to the Metropolitan Council. Although some say it is not due until the end of 2008, the City received a letter from the Metropolitan Council stating it was due September 12, 2008. Mr. Heuer summarized the proposal from SEH. The proposal is for $50,000 and covers the entire cost of the project except meetings with the City Council, Planning Commission, Metropolitan Council, and other task forces. Charges will be billed on an hourly rate and there is a “not to exceed” clause. He believes SEH will provide the best value for the City because of their experience, knowledge, familiarity with the City, and the fact that they produced the current plan and are the engineers for the Cedar Avenue Corridor Study. Councilmember Grendahl stated she does not have a concern with the work product provided by SEH, but questioned the means of arriving at the estimate. Mr. Heuer explained he asked SEH to review Apple Valley’s current Transportation Plan, compare it to the Metropolitan Council’s requirements, and then submit a proposal based on the work required to bring the current plan into compliance. Councilmember Grendahl asked why Apple Valley’s proposal was not separated out like the proposal for Eagan and Lakeville. Mr. Heuer said there are eight components identified in SEH’s proposal, similar to Eagan and Lakeville. There is not a dollar amount attached to each, but the all components need to be completed to meet the requirement. Work will be billed on an hourly rate and the total will not exceed $50,000 without Council authorization. Councilmember Grendahl asked staff to make sure taxpayers are not paying for items twice. She then suggested a letter be sent to Metropolitan Council Chair Bell requesting clarification on the due date. MOTION: of Erickson, seconded by Goodwin, approving the proposal from SEH to update the City’s Transportation Plan, as attached to the Public Works Director’s memo dated February 8, 2007. Ayes - 5 - Nays - 0. 2007-2011 CAPITAL IMPROVEMENTS PROGRAM Mr. Grawe reviewed his memo dated February 8, 2007, concerning the proposed 2007-2011 Capital Improvements Program (CIP). It is a planning document that anticipates capital needs in future years whether or not they are funded in the requested budget year. It is not a budget or an authorization to expend funds. He noted that the anticipated 2007 projects are consistent with the proposed 2007 City Budget. The CIP provides an accurate description of the condition of the CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 6 City’s capital assets and encourages consideration of alternate forms of service delivery that do not require significant capital expenditures. The Planning Commission held a public hearing on the document, as an amendment to the Comprehensive Plan, on January 17, 2007, and recommended approval. Councilmember Grendahl asked how staff would explain various items listed in the CIP to the public. Mr. Grawe stated the items in the CIP represent existing assets or possible future assets and the dollars associated with each. Items listed will be discussed with the Council. In addition, they may be dropped, moved to a different year, or restructured. If the Council decides all or part of an item should move forward a funding source will be identified. The CIP is strictly a five-year planning document that tracks major outlays. Councilmember Goodwin added that the CIP does not indicate how an item will be funded. Some items may come out of the General Fund, some may be purchased with revenue bonds, and others may be part of a general obligation bond issue. Mayor Hamann-Roland said the timing on some items keeps moving. Councilmember Grendahl asked if all overlay projects come out of the CIP budget. Mr. Grawe replied the overlay project is identified in the CIP, but it is budgeted out of the General Fund and Utilities Fund. Councilmember Erickson said items in the CIP are just a talking point for future budgets. The CIP does not bind the Council, nor is it an authorization to expend funds. Councilmember Goodwin asked if the City is required to prepare a CIP. Mr. Lawell said it is a component of the Comprehensive Guide Plan and is required by law. Resolution No. 2007-21 MOTION: of Goodwin, seconded by Bergman, adopting approving the 2007-2011 Capital Improvements Program, as an amendment to the City’s Comprehensive Guide Plan, and authorizing its submittal to the Metropolitan Council as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MUNICIPAL CENTER LOCKER ROOM FACILITIES Mr. Grawe described the Municipal Center locker room facilities and remodeling project. The project consists of three components: the locker/shower area, the fitness/archive area, and the storage/electrical areas. Five bids were received. Southridge Construction Corporation provided the lowest responsible bid of $92,900.00, which includes the Base Bid and two Alternates. Their CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 7 bid is slightly higher than the bids received in November 2005, but lower the rate of inflation for construction projects during the same period. Mr. Grawe said this is the third time this project was bid and staff believes the bids are as good as can be expected. Staff recommends the Council accept the Base Bid and Alternates 1 and 2. Councilmember Erickson commented on a segment he recently saw on a national news channel about companies making exercise equipment available to their employees. According to the news channel, for every dollar spent, these companies realize three dollars in lower health care costs. Mayor Hamann-Roland said investing in these types of programs results in more productivity, better health, and lower insurance premiums. Councilmember Erickson said he forgot to mention the segment also indicated the number of sick days employees took also dropped dramatically. Resolution No. 2007-22 MOTION: of Goodwin, seconded by Erickson, adopting awarding the contract for Municipal Center Lower Level Locker Facilities and Other Facility Remodeling to Southridge Construction Corporation, the lowest responsible bidder, in the amount of $92,900.00. Councilmember Bergman asked if staff had answers to the questions he asked the last time this item came before the Council. Mr. Grawe stated approximately one-half of the employees working out of the Municipal Center have duties which require them to work outside the building all or part of their work week. Because of this, use of a locker or shower may be beneficial. He then reviewed the questions and answers to the employee survey regarding usage of the locker/shower room and exercise equipment. Mr. Grawe said he is not aware of any discount on medical premiums the City would receive if it provided an exercise facility. However, he has seen a number of studies which support what Councilmember Erickson said earlier about companies saving approximately three dollars on health care for each dollar spent on wellness. Mr. Grawe said an intern from Carlson School of Management looked at the City’s employee health risk data. The intern indicated Apple Valley’s highest risk factors are cardiovascular disease, weight, and inactivity. These are also the post preventable and modifiable to address. Mr. Grawe said the facilities would not be open to the public. Regarding the question of liability, he is working with the City Attorney to establish guidelines which will help limit the City’s risk. Last, he explained that due to fire codes and security in the Police Facility, it is recommended the locker, shower, and exercise facility be placed in the Municipal Center basement. CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 8 Councilmember Grendahl said 176 employees would be a small private company to provide workout facilities. If this project passes, she wants to see data on the City’s health care savings. Councilmember Bergman asked if the Central Maintenance Facility has showers and if they are available to all employees. Mr. Heuer said there is a small shower in the locker room at Central Maintenance Facility and it would be available to employees wanting to use it. Councilmember Bergman asked if the Police Department is paying for a portion of this project or if it is coming from the General Fund. Mr. Grawe said the project is being funded out of the General Fund. Police Chief Johnson said no money is being taken out of the Police Department budget. Councilmember Erickson said if the project is not completed until fall, results may not be available in a year. It can take a period of time before significant results are realized which will impact lower health care premiums. Vote was taken on the motion: Ayes - 3 - Nays - 2 (Bergman and Grendahl). COUNCIL COMMUNICATIONS Councilmember Bergman said he received confirmation the Metropolitan Airports Commission (MAC) will hold an Open House at the Municipal Center on April 17, 2007, at 7:00 p.m. Mayor Hamann-Roland invited everyone to participate in Mid-Winter Fest activities this coming weekend. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated February 5, 2007, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota February 8, 2007 Page 9 MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated January 31, 2007, in the amount of $2,304,513.23; and February 7, 2007, in the amount of $1,450,292.75. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:22 o’clock p.m.