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HomeMy WebLinkAbout04/10/2008 CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 10th, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, 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 Bodmer, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Public Works Director Blommel Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, 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. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Grendahl, removing items 4.I – Approve Reduction of Financial Guarantees and 5.G – Resolution Appointing Member to Fill Vacancy on Cemetery Advisory Committee, 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. Mr. Ed Kearney, Apple Valley Chamber of Commerce President, was present. He thanked the City for its help in making the Home and Garden Show a success and for allowing signage at the corner of 147th Street and Galaxie Avenue to advertise the event. This was the biggest show so far and attended by more than 4,500 people. Councilmember Bergman congratulated Mr. Kearney on the successful event. He asked if it will be necessary to move the show due to its growing popularity, and if so, where it would go. Mr. Kearney stated approximately 60 businesses are on the waiting list. The businesses are juried and there is some space for additional growth at the Western Service Center. He stated they like the location due to its visibility and proximity to the signage. If it becomes necessary to move, the Chamber would like it keep it in the central district. Councilmember Grendahl commented on the Governor’s luncheon, which was also well attended. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 2 Mr. Kearney said even though the Chamber only had one week’s notice, over 200 people attended the Governor’s luncheon. The luncheon was a success, and he again thanked the Council and staff for their participation. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Grendahl asked that items 4.K and 4.L be moved to the regular agenda. MOTION: of Bergman, seconded by Grendahl, moving consideration of items 4.K and 4.L to the regular agenda, and approving the remaining items on the consent agenda. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of March 27, 2008, as written. Ayes -3 - Nays - 0 - Abstain - 1 (Bergman). MOTION: of Bergman, seconded by Grendahl, authorizing sale of unclaimed property and surplus City equipment, and approving an Agreement with K-Bid Online Auction, to conduct an online auction, as attached to the City Clerk’s memo dated April 7, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, proclaiming April 26, 2008, as “Arbor Day” and May 2008, as “Arbor Month”, and encouraging citizens to participate in tree planting programs. Ayes - 4 - Nays - 0. Resolution No. 2008-60 MOTION: of Bergman, seconded by Grendahl, adopting approving 2008 Special Assessment Roll No. 570 for hearing purposes, in the total amount of $163,437.11 for delinquent utilities, and setting a public hearing at 8:00 p.m., on May 8, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-61 MOTION: of Bergman, seconded by Grendahl, adopting approving 2008 Special Assessment Roll Nos. 567, 569, 571, and 572 for hearing purposes, in the total amount of $1,331,679.00 for improvements, and setting a public hearing at 8:00 p.m., on May 8, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-62 MOTION: of Bergman, seconded by Grendahl, adopting approving 2008 Special Assessment Roll No. 573 for hearing purposes, in the total amount of CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 3 $3,700.00 for delinquent false alarms, and setting a public hearing at 8:00 p.m., on May 8, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-63 MOTION: of Bergman, seconded by Grendahl, adopting approving 2008 Special Assessment Roll No. 574 for hearing purposes, in the total amount of $12,069.29 for delinquent mowing and snow removal, and setting a public hearing at 8:00 p.m., on May 8, 2008. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving the Apple Valley Fire Department 2007 Annual Report. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving procedures for Administering Liquor Store No. 3 project change orders, as described in the Assistant City Administrator’s memo dated April 10, 2008. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Joint Powers Agreement with the City of Burnsville for harvesting curlyleaf pondweed in Keller Lake, as attached to the Natural Resources Coordinator’s memo dated April 10, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Release of all Claims with Kirk Stensrud d/b/a Fish Window Cleaning for damaged acoustical panels, as recommended by League of Minnesota Cities Insurance Trust, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. Resolution No. 2008-64 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 05-292, Scout Pond Storm Water Improvements. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Design Agreement with HUB Properties, Inc., for Valley Office Park Addition Utility and Street Improvements, in connection with Project 05-314, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for 2008 Painting of New Steel Fence Sections with Top Coat Painting Service, in the amount of $29,440.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving an Agreement for 2008 Reconditioning of Decorative Light Poles with Top Coat Painting Service, in the amount of $10,962.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 4 MOTION: of Bergman, seconded by Grendahl, approving an Agreement for 2008 Reconditioning of Fence Post Supports with Top Coat Painting Service, in an amount not to exceed $9,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, waiving the procedure for a second reading and amending the Fee Schedule Appendix of Title III of the City Code by adding annual residential parking permit fee. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the hiring of full-time, part-time, volunteer, and seasonal employees, and resignations as listed in the Personnel Report dated April 10, 2008. Ayes - 3 - Nays - 0 - Abstain - 1 (Hamann-Roland). END OF CONSENT AGENDA LAC LAVON PICNIC SHELTER & 2008 STREET MAINTENANCE PROJECT Councilmember Grendahl noted that the estimated cost of the Lac Lavon Picnic shelter is between $50,000 and $60,000, yet $100,000 was allocated in the park bond referendum. She asked if the City will bond for the lesser amount since that is the all the shelter will cost. Mr. Johnson said the full amount will still be bonded. The remaining money can be used on other projects should they run over the estimated amounts. Councilmember Grendahl noted that the 2008 Street Maintenance Project came in nine percent below the engineer’s estimate. She asked if the Parks Department will realize any of that savings since part of that project includes park improvements which will be funded from the bond referendum. Mr. Johnson said it will. The overlays in the parks will be done over the next three years. The bid this year came in below the engineer’s estimate. Councilmember Grendahl noted two projects have now come in under budget. Mr. Johnson said he is hopeful when all the projects are completed, there will be some funds still available. If so, that money will be used for reforestation and additional field improvement projects, similar to what the City did ten years ago. He spoke of other improvements which may be considered. Councilmember Grendahl expressed concern that residents near Lac Lavon may feel they are receiving a lesser product than that which they were expecting. Mr. Johnson explained the City has found a vendor willing to sell a park shelter for half price. It was previously manufactured for another City, but the sale fell through. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 5 Resolution No. 2008-65 MOTION: of Grendahl, seconded by Bergman, adopting approving specifications for Lac Lavon Picnic Shelter, and authorizing advertising for receipt of bids, at 2:00 p.m., on May 1, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-66 MOTION: of Grendahl, seconded by Bergman, adopting awarding the contract for Project 07-377, 2008 Street Maintenance Project, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $2,450,936.50. Ayes - 4 - Nays - 0. VOLUNTEER RECOGNITION WEEK Ms. Gackstetter said in conjunction with National Volunteer Week and Volunteer Recognition Week as proclaimed by Governor Pawlently, staff is recommended the Council proclaim April 27 through May 3, 2008, as Volunteer Recognition Week in Apple Valley. Mayor Hamann-Roland thanked the Planning Commissioners, Advisory Committee Members, and other City volunteers for their generous commitment of time, energy, education, and skills which help make Apple Valley a quality community. MOTION: of Goodwin, seconded by Grendahl, proclaiming April 27 through May 3, 2008, as “Volunteer Recognition Week” thanking all those who contribute their time, talent, and energy to the community. Ayes - 4 - Nays - 0. ADOPT-A-PARK DAY Mr. Johnson read the Adopt-A-Park Day proclamation. He said 345 volunteers have worked an estimated 2,450 hours in 2007. The Parks and Recreation Department will be hosting an Earth Day Clean-Up and Celebration for Adopt-A-Park volunteers at Redwood Park on April 19, 2008, beginning at 11:30 a.m. MOTION: of Bergman, seconded by Grendahl, proclaiming April 19, 2008, as “Adopt-A- Park Day” thanking all those who have volunteered in the Adopt-A-Park Program. Ayes - 4 - Nays - 0. Mayor Hamann-Roland presented the proclamation to Mr. Johnson. She asked him to extend a thank you to the staff and all the volunteers. ALF AMBULANCE 2007 ANNUAL REPORT Mayor Hamann-Roland acknowledged Mr. Tom Kelley, ALF Ambulance Administrator, will be retiring. She thanked him for the great service he has provided to the City of Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 6 Mr. Brian Landhuis, ALF Paramedic Services Manager, reviewed the ALF Ambulance 2007 Annual Report. ALF Ambulance provides advanced life support services to the Cities of Apple Valley, Lakeville, and Farmington as well as the townships of Empire, Eureka, and Castle Rock. It services approximately 123,000 people within a 160-square mile service area. In 2007, crews responded to 4,679 calls and the average response time was 6 minutes 26 seconds. Mr. Landhuis thanked the City for its support. Mayor Hamann-Roland asked if the non-billable calls are consistent with other ambulance services. Mr. Landhuis said it is very complex. Currently, ALF Ambulance is collecting approximately 61 to 62 cents on the dollar, which is pretty good. Some services are collecting 40 to 50 cents on the dollar. It is very fortunate that a high percentage of the population in the ALF Ambulance service area is covered by insurance. He believes ALF is doing better than most ambulance services. Councilmember Grendahl asked if Apple Valley has made up approximately 50 percent of the calls in the past. Mr. Landhuis said 2007 is consistent with past experience. Mayor Hamann-Roland thanked Councilmember Erickson for his service on the ALF Board in the past, and recognized Councilmember Bergman for his current service. The Council received the ALF Ambulance 2007 Annual Report. FISCHER SAND & AGGREGATE REQUEST FOR EXTENDED HAULING HOURS Mr. Lovelace reviewed his memo dated April 7, 2008, regarding the request by Fischer Sand & Gravel, LLP, for extended hauling hours beginning April 14 and ending October 31, 2008, from 6:00 p.m. to 5:00 a.m., Monday through Saturday. There will not be hauling during extended hours in the month of August due to the Republican National Convention. Construction and extended hauling hours will resume following Labor Day. Mr. Lovelace reviewed concerns expressed by a resident from the Tousignant Prairie Crossing neighborhood. Mr. John Ericson, of Fischer Sand and Aggregate, and staff met with the resident. Staff will have ongoing communications with Mr. Ericson, and Mr. Ericson will keep the resident informed and respond to his concerns. Mr. Lovelace added that the site, which is southeast of County Road 42 and Pilot Knob Road, is in the beginning stages of reclamation. There may be some incidental mining, but much of the activity will involve bringing material onto the site to in order to return it to grade. He then reviewed the truck routes, which were selected to have the least amount of impact to residential neighborhoods. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 7 Mayor Hamann-Roland thanked Mr. Ericson for his commitment to personally keep the resident informed and to keep the roads clean from spillage. Mr. John Ericson stated he believes they have addressed all the concerns raised by the resident. Councilmember Bergman asked Mr. Ericson to provide the City information from the Metropolitan Airports Commission on which cross runways will be worked on. That will help staff respond to questions they may receive from residents regarding air traffic noise. Mr. Ericson said he will. Councilmember Goodwin added that in Minnesota you build when you can. The sooner the gravel is mined, the sooner it will be gone. Mayor Hamann-Roland said it is also important to remember that the gravel industry supplies good paying jobs. Resolution No. 2008-67 MOTION: of Goodwin, seconded by Bergman, approving approving nighttime hauling hours for Fischer Sand & Aggregate, LLP, for the 2008 construction season, amending the annual excavating permit, and attaching conditions thereto. Ayes - 4 - Nays - 0. FORTINO STREET RIGHT OF WAY VACATION Ms. Bodmer reviewed the request to vacate the 60-foot right of way of Fortino Street between Galaxie Avenue and Galante Avenue. The property owner is requesting the vacation in order to create an outdoor plaza between two commercial lots along Galaxie Avenue. The Planning Commission will review the development on April 16, 2008. The project will likely come before the Council in late April or early May. Mayor Hamann-Roland called the public hearing to order, at 8:46 p.m., to consider vacating Fortino Street right of way between Galaxie and Galante Avenues; and noted receipt of the affidavit of publication of the hearing notice. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:47 p.m. CENTENNIAL HOMES MEMORY CARE ADDITION Mr. Lovelace reviewed the request by Ecumen and Evercare Senior Living, LLC, for a conditional use permit amendment and site plan review/building permit authorization for construction of a 20-unit memory care addition to their existing 60-unit assisted living facility located at 14615-25 Pennock Avenue. The plan is slightly different than the one presented the Planning Commission, but not significant enough to warrant further review by the Planning Commission. He reviewed the changes to the plan. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 8 Mr. Lovelace then reviewed the landscape plan, noting several Black Hills spruce will be located along the west side of the property providing a buffer between this site and the residential neighborhood. The addition’s exterior will be similar to the existing building materials. Councilmember Bergman said it is a very nice addition. He asked if the evergreens would be staggered instead of planted in a row as shown on the drawing. Mr. Lovelace said staff will work with the applicant to ensure there is some movement of the trees. Councilmember Grendahl asked if there was an existing landscape plan for this site. Mr. Lovelace responded that the previous landscape plan was reviewed, but it did not include the evergreens on the west side. There was discussion that trees were to be installed; however, it did not happen. The resolution states the Black Hills spruce along the west side of the property are to be installed this planting season. Councilmember Grendahl asked if this landscape plan includes what was previously to be installed as well as the plantings for the new construction. Mr. Lovelace said yes. Resolution No. 2008-68 MOTION: of Goodwin, seconded by Bergman, adopting approving a Conditional Use Permit amendment to allow for a 20-unit memory care addition to the existing 60-unit senior assisted living facility on Lot 1, Block 1, Evergreens Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. Resolution No. 2008-69 MOTION: of Bergman, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for a 14,550 square-foot memory care addition on Lot 1, Block 1, Evergreens Addition, with conditions as recommended by the Planning Commission. Ayes - 4 - Nays - 0. COUNCILMEMBER VACANCY Mayor Hamann-Roland said the City received nine applications for the vacant Council seat previously held by Councilmember Bob Erickson. She thanked all the applicants for their interest in serving on the Council. Mr. Lawell reviewed the draft resolution establishing procedures for Council appointment. The nine applicants eligible for appointment are Ruth M. Erickson, Roberta Gibbons, Gary L. Humphrey, Sharon LaComb, Jason D. Ledeboer, David J. Monn, Jacob Portnoy, Ruel Arnold Russell, and Sharon R. Schwartz. The applicant appointed this evening will take their Oath of Office on April 24, 2008, and will begin their service to the City Council at that time. CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 9 Resolution No. 2008-70 MOTION: of Goodwin, seconded by Bergman, adopting establishing the procedures for Council appointment. Ayes - 4 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select five names from the nine applicants. After selections were made, they were tallied and the City Attorney announced that three names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Sharon LaComb received three or more votes. Mayor Hamann-Roland congratulated Sharon LaComb on her appointment to the Council and thanked all the applicants for their interest in serving on the City Council. MOTION: of Grendahl, seconded by Bergman, appointing Sharon LaComb to the position of Councilmember of Apple Valley until a successor is elected and qualified. Ayes -4 - Nays - 1. COUNCIL COMMUNICATIONS Mayor Hamann-Roland announced there will be a ground breaking ceremony for Liquor Store No. 3 at Cobblestone Lake on Monday, April 14, 2008, at 3:00 p.m. The Grand Cabaret will be April 25, 2008, at Brackett’s Crossing. Councilmember Goodwin said the League of Minnesota Cities (LMC), Association of Minnesota Counties, and Minnesota School Board Association held a joint meeting today. The LMC is working on an initiative called truth in ticketing. He would like the City’s three local legislators to sponsor the truth-in-ticketing legislation. He explained that the City only receives $30 from a $127 speeding ticket, yet it gets all the grief and all the attention. Meanwhile, the State receives $92 and the County receives $5. The allocation is ridiculous. MOTION: of Goodwin, seconded by Hamann-Roland, directing staff to work with the League of Minnesota Cities on truth in ticketing legislation, and further directing staff to contact the City’s three legislators to ask them to work on this issue. Ayes - 4 - Nays - 0. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota April 10, 2008 Page 10 MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated April 10, 2008, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Grendahl, seconded by Bergman, to pay the claims and bills, check registers dated April 2, 2008, in the amount of $211,209.55; and April 10, 2008, in the amount of $2,715,034.82. Ayes - 4 - 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 Grendahl, seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss LELS Police Sergeants and Police Officer union labor negotiations. Ayes - 4 - Nays - 0. The Council convened in the Regent Conference Room at 9:33 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl; City Administrator Lawell, City Clerk Gackstetter, Human Resources Manager Strauss, Human Resources Representative Haas, Police Chief Johnson, and Police Captains Marben and Rechtzigel. Legal Counsel Frank Madden joined the meeting via telephone. The meeting was tape recorded as required by law. The Council reconvened in open session at 10:03 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 10:04 o’clock p.m.