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.