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HomeMy WebLinkAbout07/24/2008 CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 24, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, LaComb, 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, 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, Liquor Operations Director Swanson, and Deputy Fire Chief Thompson. 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 Grendahl, seconded by Bergman, adding item 4.V – Agreement with General Security Services Corporation (GSSC) for CCTV Security System for Liquor Store No. 3 to the consent agenda, moving 4.G – Resolution Identifying the Need for Livable Communities Demonstration Account (LCDA) Funding and Authorizing an Application for Grant Funds to the regular agenda, removing item 5.A – Legacy North, adding items 5.C – Storm Cleanup Update and 5.D - Water Restrictions to the regular agenda, 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. Apple Valley Foundation representatives were present to promote and invite the Council and the public to the first annual Apple Music Festival on 8-8-08. The event is co-sponsored by the Foundation and the City of Apple Valley. Mr. Brian Bessler, President of the Apple Valley Foundation, stated it is a free event scheduled from 5:00 to 8:00 p.m. at Kelley Park, and includes music. The public is encouraged to bring their families, picnic baskets, and lawn chairs or blankets. There will also be some refreshments available for sale. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 2 Ms. Dallas Boeck, 8995 Hunters Way, commented about noise from a central air conditioning unit from an adjacent townhome. She described various measures she has taken to try to resolve the matter with the City and the property owner. Mayor Hamann-Roland recommended Ms. Boeck meet with the City Administrator regarding the matter. Councilmember Goodwin suggested Ms. Boeck also ask her townhome association board to assist in resolving this issue. Ms. Boeck said her townhome association indicated it wanted to wait until Code Enforcement completed its investigation. Councilmember Bergman requested the City Administrator have a conversation with the townhome association president as well as gather information from staff regarding this matter. 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 LaComb, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Bergman, approving the minutes of the regular meeting of July 10, 2008, as written. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the minutes of the special emergency meeting of July 16, 2008, as written. Ayes - 5 - Nays - 0. Resolution No. 2008-133 MOTION: of LaComb, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to American Legion Auxiliary, Unit 1776, for use on September 13, 2008, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-134 MOTION: of LaComb, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Rotary Scholarship Foundation, for use on October 11, 2008, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving a change in officers for Wadsworth Old Chicago, Inc., d/b/a Old Chicago, in connection with the On-Sale and Sunday CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 3 Liquor Licenses at 14988 Glazier Avenue, naming Ted Williams as President; Gary Foreman as Vice President, Secretary, and Treasurer; and Courtney Mowry as Assistant Secretary; as described in the City Clerk’s memo dated July 21, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving issuance of a new 2008 Off-Sale 3.2 Percent Malt Liquor License to Durango Market, LLC, d/b/a/ Durango Market, at 6670 150th Street W., Suite 102, as described in the City Clerk’s memo dated July 21, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-135 MOTION: of LaComb, seconded by Bergman, adopting approving issuance of a two-year Gambling Premises Permit to Eastview Hockey Association for premises at Major’s Sports Bar, 14889 Florence Trail, and waiving any waiting period for Minnesota Gambling Control Board approval. Ayes - 5 - Nays - 0. Resolution No. 2008-136 MOTION: of LaComb, seconded by Bergman, adopting approving issuance of a two-year Gambling Premises Permit to Eastview Hockey Association for premises at Panino Brothers, 7083 153rd Street W., and waiving any waiting period for Minnesota Gambling Control Board approval. Ayes - 5 - Nays - 0. Resolution No. 2008-137 MOTION: of LaComb, seconded by Bergman, adopting appointing individuals listed in the resolution to serve as judges for the Primary Election to be held on September 9, 2008, in the City. Ayes - 5 - Nays - 0. Resolution No. 2008-139 MOTION: of LaComb, seconded by Bergman, adopting amending the Comprehensive Guide Plan to include the Water Emergency and Conservation Plan. Ayes - 5 - Nays - 0. Resolution No. 2008-140 MOTION: of LaComb, seconded by Bergman, adopting approving the final plat of Hillcrest Acres Fourth Addition, waiving the requirement for a subdivision agreement, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving payment to Joel and Kimberly Bahma, for drainage and utility easement, in connection with Project No. 07-379, 120th Street Storm Sewer Improvements, in the amount of $3,000.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving a new Vending Cart License to Luxury Sweets, for premises at Outlot B, The Legacy of Apple Valley North Addition. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 4 Resolution No. 2008-141 MOTION: of LaComb, seconded by Bergman, adopting approving specifications for Garbage Truck and authorizing advertising for receipt of bids, at 2:00 p.m., on August 21, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for 2008 Volleyball Court Curbing with Curb Innovations, LLC, in the amount of $17,688.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2008-142 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0510, Structural Steel/Steel Joist, to A.M.E. Construction Corporation, the lowest responsible bidder, in the amount of $43,500.00. Ayes - 5 - Nays - 0. Resolution No. 2008-143 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0610, Rough/Finish Carpentry, to Northfield Construction Company, Inc., the lowest responsible bidder, in the amount of $236,380.00. Ayes - 5 - Nays - 0. Resolution No. 2008-144 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0741, Roofing/Sheet Metal, to Weather Proof Systems, Inc., the lowest responsible bidder, in the amount of $120,131.00. Ayes - 5 - Nays - 0. Resolution No. 2008-145 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0790, Caulking/Sealants, to A.J. Spanjers Company Inc., the lowest responsible bidder, in the amount of $9,845.00. Ayes - 5 - Nays - 0. Resolution No. 2008-146 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0833, Coiling Doors/Grilles, to Hufcor Minnesota, the lowest responsible bidder, in the amount of $38,993.00. Ayes - 5 - Nays - 0. Resolution No. 2008-147 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0840, Aluminum Entrances, to Empirehouse, Inc., the lowest responsible bidder, in the amount of $185,100.00. Ayes - 5 - Nays - 0. Resolution No. 2008-148 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0920, Drywall/Access Doors, to Friedges Drywall, Inc., the lowest responsible bidder, in the amount of $188,555.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 5 Resolution No. 2008-149 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0930, Tile, to Grazzini Brothers & Company, the lowest responsible bidder, in the amount of $40,420.00. Ayes - 5 - Nays - 0. Resolution No. 2008-150 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0950, Acoustical Ceilings, to Kirk Acoustics, Inc., the lowest responsible bidder, in the amount of $48,450.00. Ayes - 5 - Nays - 0. Resolution No. 2008-151 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0965, Resilient Flooring/Carpet, to Grazzini Brothers & Company, the lowest responsible bidder, in the amount of $95,080.00. Ayes - 5 - Nays - 0. Resolution No. 2008-152 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #0990, Painting/Finishes, to MIC Services, the lowest responsible bidder, in the amount of $25,769.00. Ayes - 5 - Nays - 0. Resolution No. 2008-153 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #1230, Pre-Manufactured Casework, to Northfield Construction Company, Inc., the lowest responsible bidder, in the amount of $60,800.00. Ayes - 5 - Nays - 0. Resolution No. 2008-154 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #2100, Fire Protection, to Summit Fire Protection, the lowest responsible bidder, in the amount of $66,000.00. Ayes - 5 - Nays - 0. Resolution No. 2008-155 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #2202, Plumbing, to Sun Mechanical, Inc., the lowest responsible bidder, in the amount of $129,000.00. Ayes - 5 - Nays - 0. Resolution No. 2008-156 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #2302, Heating/Ventilating/Air Conditioning, to Bostrom Sheet Metal Works, Inc., the lowest responsible bidder, in the amount of $588,000.00. Ayes - 5 - Nays - 0. Resolution No. 2008-157 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #2305, Testing and Balancing for HVAC, to System Management & Balancing of MN, the lowest responsible bidder, in the amount of $11,000.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 6 Resolution No. 2008-158 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #2500, Temperature Controls, to Direct Digital Control, Inc., the lowest responsible bidder, in the amount of $74,193.00. Ayes - 5 - Nays - 0. Resolution No. 2008-159 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Apple Valley Senior Center Project #2602, Electrical/Firer Alarm, to Manor Electric, Inc., the lowest responsible bidder, in the amount of $415,150.00. Ayes - 5 - Nays - 0. Resolution No. 2008-160 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Expansion of Fiber-Optic Network to Liquor Store No. 3, to MPNexlevel, the lowest responsible bidder, in the amount of $104,461.50. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the License Agreement for $1,000.00 chance at Valleywood Golf Course with On the Green, LLC, d/b/a/ Million Dollar Hole-In-One, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 2 to the contract with McNamara Contracting, Inc., for Project 07-377, 2008 Street Maintenance Project, in the amount of an additional $37,498.50. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting 2008 Sod Replacements Services as final and authorizing final payment on the contract with Quality Restoration Services, Inc., in the amount of $7,839.89. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, waiving the procedure for a second reading and Ordinance No. 841 passing amending Chapter 90 of the City Code regulating Impoundment of Vehicles. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Proposal from The Brimeyer Group for Phase I and II for the Fire Chief Position, and authorizing the City Administrator to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving hiring the seasonal employees and resignation of employee, as listed in the Personnel Report dated July 24, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for CCTV Security System for Liquor Store No. 3 with General Security Services Corporation (GSSC), CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 7 in the amount of $18,170,21, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT (LCDA) GRANT APPLICATION Mr. Nordquist stated two Livable Communities Demonstration Account (LCDA) grant applications were submitted to the Metropolitan Council earlier this week. One was for $1.4 million for the Apple Valley East Townhomes and the other was for $556,834 for the Apple Valley Cobblestone Senior Housing. Both projects are currently before the Planning Commission. Although the application deadline was Monday, the Metropolitan Council has made an exception to allow the resolution authorizing submission of the applications to be submitted following this meeting. Mr. Nordquist recapped the proposed projects and reviewed how the projects were selected. Councilmember Bergman asked if the Metropolitan Council explained why the trails and transit connections did not qualify for grant funding. Mr. Nordquist stated that one of the main factors noted by the Metropolitan Council was that the trails and transit connections proposal did not tie into a specific project or address. Mr. Lovelace added that the Metropolitan Council also noted that the transit trail connection proposal did not have a housing or commercial component. Councilmember Grendahl said she did not understand the City was going to be requesting funding for the Community Development Authority (CDA) projects. She thought the CDA had money for them. She then asked for confirmation that these projects would not move forward without this funding. Mr. Lovelace said the projects may move forward using another funding source if this one is not made available. Mr. Lawell noted item 2 of the resolution specifically addresses that point. He also spoke with Mr. Ulfers, from the CDA, today and was told if the LCDA grant was not awarded it is likely the CDA will seek additional money within the two-year timeframe. Councilmember Grendahl asked if the senior housing would break ground this year. Mr. Lovelace said the project would probably break ground next year. Councilmember Grendahl noted that in order to comply with the “but for” test, dirt cannot be moved and the project cannot begin until the money is received. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 8 Mr. Lovelace said staff was told the grants will be awarded December 10, and the money is supposed to be available as soon as they are awarded. Councilmember Grendahl questioned whether the townhome request should be made next year instead of this year considering the project will not be constructed until 2010. Mr. Lovelace stated the grant was to assist with the purchase of the property, the infrastructure, and the construction of Embry Path. Councilmember Grendahl commented about the response regarding the community’s role. She feared the lack of community involvement may result in a low score on the application. She added that the neighbors at the community meetings did not seem to have a problem with the senior housing but expressed concern with the workforce housing. She recommended postponing the workforce housing grant until after the City has time to work with the community. Mr. Lovelace said staff can modify the resolution so that it only includes the senior housing project. Councilmember Bergman said he agrees with Councilmember Grendahl that the workforce housing grant application should not be submitted at this time. He further said he has concerns with the way the project looks and feels. Councilmember Goodwin noted there are no guarantees to receiving grant dollars. He questioned whether it is possible to request more money on the senior housing application. Mr. Lovelace said based on the grant criteria, the amount requested is the maximum amount eligible for funding. Councilmember Goodwin questioned the request for the workforce housing considering the project would not be built until 2010. Mr. Lovelace said LCDA grants have a two-year funding cycle. The expectation was that the property would be purchased and the infrastructure and roadway would be installed in 2009, and the building would be constructed in 2010. Councilmember Grendahl stated projects must also meet the readiness test, and she does not believe the workforce housing proposal is ready at this time. Councilmember LaComb asked what process staff used to rank the projects. Mr. Nordquist responded that the ranking was partially determined from the feedback Council gave at the informal meeting as well as the actual components involved in the projects. The Council further discussed the proposals and funding. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 9 MOTION: of Grendahl, seconded by Bergman, amending the resolution as presented and Resolution No. 2008-161 adopting identifying the need for Livable Communities Demonstration Account (LCDA) Funding and authorizing an application for grant funds to the Metropolitan Council for Apple Valley Cobblestone Senior Housing. Ayes - 5 - Nays - 0. The Council clarified that it supports workforce housing, but noted the project is not ready to move forward with the grant request at this time. STORM CLEAN UP UPDATE Councilmember Goodwin announced that the Council held a special emergency meeting last Wednesday in order to discuss cleanup efforts following the recent storms. Similar to the Cities of Rosemount and Burnsville, the Council made the decision to help residents by picking up trees which were downed on private property. The City will not cut the tree up or remove the stumps on private property. However, if a resident brings the debris from a fallen tree to the boulevard, the City will pick it up. He added that the Council was mindful that the debris was getting to be a public safety hazard. Mayor Hamann-Roland thanked those residents who had already removed their fallen trees. Ms. Blommel Johnson recapped the storm cleanup efforts. The first round of debris removal was completed today. Debris was removed from 907 properties using a variety of equipment. Some of the trees and branches were chipped and some will be made into pellets for use as an alternate fuel source. Mayor Hamann-Roland thanked staff for their efforts, noting the process was completed very efficiently. Ms. Blommel Johnson stated staff will put together a cost analysis upon completion of the cleanup. Mayor Hamann-Roland said the analysis will be helpful as the Council looks forward and makes a decision regarding budgeting for future storm cleanup efforts. Mayor Hamann-Roland then said the Urban Affairs Committee is going to be looking at the City’s storm cleanup policy and will make a recommendation to the City Council. Councilmember Grendahl added that the Council’s decision to remove debris from trees from private property was unanimous. She recommended the City send a letter to the City of Rosemount thanking them for allowing Apple Valley to store debris on their property until it can be used for biomass or fuel. As a result, Apple Valley’s disposal costs were significantly reduced. Councilmember LaComb also commented about the efficiency of the operation. She recommended soft costs also be included in the cost analysis. As the policy on storm cleanup is being reviewed, it CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 10 will be important to understand the types of projects which were not completed as a result of storm cleanup operations. Councilmember Goodwin asked how the City will respond to new requests for debris pickup. Ms. Blommel Johnson said staff will follow the direction of the Council. If the Council wants additional loads picked up, she recommended residents call to make the request. It would not be practical to continue to canvass the City looking for debris. Councilmember Goodwin recommended being flexible. Councilmember Bergman suggested keeping with the ten-day timeframe as originally agreed upon. WATER RESTRICTIONS AND ENFORCEMENT Councilmember Bergman stated earlier this year the Council passed an ordinance establishing watering restrictions. While most residents are following the ordinance, there are a number of them who continually violate it. He noted several surrounding cities fine residents who do not comply. Education is important in helping with compliance; therefore, he has requested staff review the ordinance. However, at some point Apple Valley may also want to consider fining residents for non-compliance. Ms. Blommel Johnson reviewed the water restrictions which became effective May 1, 2008. Information regarding the restrictions has gone out as a utility bill stuffer, been included on all utility bills since April, was published in the City’s Drinking Water Report and CityNews, has been posted on the City’s website, and broadcast on the cable channel. In addition, staff uses a door hanger to help educate residents found to be in non-compliance. Since this is a new ordinance, it was decided to try to educate residents this year. There are some residents who are informed but are not complying. Code Enforcement and the Police Department are responsible for enforcement. Citations can be issued if that is what the Council chooses. Mayor Hamann-Roland recommended the watering restriction information be included with each broadcast of the City Council meetings. Councilmember Bergman said he agrees there needs to be education this first year, but at some point a fine may be necessary. In some instances, staff has been laughed at when they have tried to enforce the ordinance. Mayor Hamann-Roland said water conservation is a very important issue, and will support issuance of a citation if it is necessary. The Council thanked Ms. Blommel Johnson for filling in as Acting Public Works Director, noting she did an excellent job during the interim and especially in handling the storm cleanup. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2008 Page 11 COUNCIL COMMUNICATION Mayor Hamann-Roland stated there will be a free bus rapid transit (BRT) forum on August 14, 2008, from 8:00 a.m. to 4:00 p.m. at the Eagan Community Center. Councilmember Grendahl thanked the Council for their support in helping her get elected to the Grant Evaluation and Ranking System (GEARS) Committee. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, amending the calendar of upcoming events as included in the City Clerk’s memo dated July 24, 2008, 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 July 16, 2008, in the amount of $19,387,962.16; and July 23, 2008, in the amount of $2,139,331.55. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:27 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 8-14-08 .