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HomeMy WebLinkAbout08/14/2008 CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 14, 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, Parks Superintendent Adamini, Finance Director Ballenger, Public Works Director Blomstrom, Associate City Planner Dykes, Assistant City Administrator Grawe, 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 8:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, adding item 5.E - Setting a Special Informal Meeting on August 28, 2008, at 6:30 p.m., 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. No one requested 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 LaComb, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Goodwin, approving the minutes of the regular meeting of July 24, 2008, as written. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion Post 1776 for use on CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 2 September 20, 2008, at Fire Station No. 1; as described in the City Clerk’s memo dated August 11, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving issuance of a new 2008 Off-Sale 3.2 Percent Malt Liquor License to Wal-Mart Stores, Inc., d/b/a Wal-Mart Store #2642, at 7835 150th Street W., as described in the City Clerk’s memo dated August 11, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the revised Agreement with Independent School District 196 for 2008-2009 D.A.R.E. and Police Liaison Services, in the amount of $156,121.86, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the purchase of an additional $3 million in liability insurance coverage for Apple Valley Police Officers assisting the Saint Paul Police Department during the Republican National Convention, with the League of Minnesota Cities Insurance Trust at a total premium of $1,519.00, as recommended in the Police Chief’s memo dated August 8, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-162 MOTION: of LaComb, seconded by Goodwin, adopting setting a public hearing on September 25, 2008, at 8:00 p.m., on a proposal for issuance of Health Care Revenue Bonds by the City of Eagan for a Health Care Development Project (Centennial House). Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving a permit to move an overweight structure on City streets between 12:00 a.m. and 5:00 a.m., within five days of City Council approval, as described on the permit attached to the Building Official’s memo dated July 28, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the reduction of financial guarantee for Oakwood Hills from $370,315.00 to $183,619.60, as listed in the Community Development Department Assistant’s memo dated August 14, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, accepting the final copy of the Cobblestone Lake Management Plan dated July 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving a three-foot front yard setback variance to allow construction of an 8’ x 22’ covered porch on Lot 6, Block 1, Pennock Point Addition (13032 Hamburg Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 3 Resolution No. 2008-163 MOTION: of LaComb, seconded by Goodwin, adopting approving a Conditional Use Permit to allow a private daycare in a “LB” (Limited Business) Zone on Lot 7, Block 2, Valley Commercial Park 2nd Addition (14510 Pennock Avenue), for Miss Marie’s Learning Center, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays – 0. Resolution No. 2008-164 MOTION: of LaComb, seconded by Goodwin, adopting rejecting bids for the Senior Center Construction Projects #1424 - Hydraulic Elevator, #2700 - Communication Systems, and #3290 - Planting Irrigation. Ayes - 5 - Nays - 0. Resolution No. 2008-165 MOTION: of LaComb, seconded by Goodwin, adopting approving specifications for new Senior Center Hydraulic Elevator; and authorizing advertising for receipt of bids, at 2:00 p.m., on September 4, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Drainage and Utility Easement and Temporary Construction Easement on Lot 4, Block 12, Greenleaf Sixth Addition, in connection with Project 08-387, Sanitary Lift Station 1 Replacement; and authorizing payment of $7,500.00 to Kevin and Laurie Ireland, as attached to the City Engineer’s memo dated August 8, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-166 MOTION: of LaComb, seconded by Goodwin, adopting awarding the contract for Project 08-387, Sanitary Lift Station 1 Replacement, to Geislinger & Sons, Inc., the lowest responsible bidder, in the amount of $620,507.50 plus Alternates 1 and 2 for a total of $752,507.50. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Sales Floor Shelving at Liquor Store No. 3 with AA Equipment Company, Inc., in the amount of $20,259.74, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Storage Area Shelving at Liquor Store No. 3 with Reco Store Equipment, in the amount of $10,172.99, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Point of Sale (POS) System at Liquor Store No. 3 with Total Register Systems, Inc., in the amount of $16,166.04, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving the Agreement for Sports Arena Scoreboard at Apple Valley Sports Arena with AIM Electronics, Inc., in the amount of $12,849.48, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 4 MOTION: of LaComb, seconded by Goodwin, approving the Lease Agreement with T-Mobile Central, LLC, for antennas and equipment shelter at Nordic Reservoir, as attached to the Public Works Superintendent’s memo dated August 14, 2008, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving Change Order No. 3 to the contract with McNamara Contracting, Inc., for Project 07-377, 2008 Street Maintenance, with a deduction of $9,240.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving Change Order No. 4 to the contract with Ebert Construction, Inc., for Liquor Store No. 3 Construction, in the amount of an additional $17,884.49. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, accepting Lac Lavon Retaining Wall Replacement as final and authorizing final payment on the agreement with Friedges, Inc., in the amount of $12,832.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, waiving the procedure for a second reading and Ordinance No. 842 passing amending Chapter 117 of the City Code regulating Pawnbrokers and Precious Metal Dealers. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, waiving the procedure for a second reading and Ordinance No. 843 passing amending the Fee Schedule Appendix of Title III of the City Code by increasing the fee for Individual Sewage Treatment System effective September 1, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, approving hiring the part-time and seasonal employees listed in the Personnel Report dated August 14, 2008. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER LUETTEL Police Captain Rechtzigel introduced newly hired Police Officer David Virden to the Council. The City Clerk administered the oath of office to Officer Virden. Police Chief Johnson then presented him with his badge. The Council congratulated Officer Virden and welcomed him to his new position. NATIONAL NIGHT OUT UPDATE CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 5 Ms. Pam Walter, Crime Prevention Specialist, recapped activities held throughout the City for the 25th annual “National Night Out” on August 5, 2008. There were 121 neighborhood parties, which was 10 more than last year. Personnel from the Police and Fire Departments and the City Council visited the neighborhood parties, which ended shortly before 10:30 p.m. She thanked the Council for their support of National Night Out activities and to all involved for their efforts in making the event successful. Mayor Hamann-Roland congratulated Ms. Walter for a well-coordinated event and thanked her and all the volunteers. The Mayor said she received many positive remarks about the City throughout the evening. Councilmember Bergman thought this year’s National Night Out was the best. He was touched by the generosity of individuals giving back to the City. Ms. Walter introduced Art and Carol Moreau who were part of a neighborhood party in the Williamsburg Townhome Community and who have organized donations. Ms. Carol Moreau, 13012 Garrett Lane, said the last two years she and her husband prepared gift baskets for the Fire Department. This year they also donated a remote controlled fire truck. She recapped other activities they organize to give back to the community. Mayor Hamann-Roland thanked the Moreaus for their generous donations. District Fire Chief 4 Dan Engel from Fire Station No. 2 thanked the Moreaus and all the businesses and residents of Apple Valley for the support they have given the Fire Department and for participating in National Night Out. He stated that the remote controlled fire truck will be donated as a raffle or silent auction gift for the Fire Relief booya. He then presented Art and Carol Moreau an Appreciation Certificate for the Williamsburg Townhome Community in recognition of their generous donations. PARK DEDICATION FUND EXPENDITURE Mr. Adamini reviewed the recommendation by the Parks and Recreation Advisory Committee to expend $225,000 from the Park Dedication Fund for the installation of a picnic shelter, gazebo, and restroom facility at the west end of Cobblestone Lake Park. The funds would be matched by Tradition Development. Councilmember Bergman said he likes this project, but has heard comments from people concerned the City may be catering to that area of town. He hopes this is the last request for City funds for this park. He then reminded the Parks and Recreation Advisory Committee and staff about a park in the northern part of town with a bad facility that also needs money. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 6 Mayor Hamann-Roland said she appreciates Councilmember Bergman’s concern that all parks are maintained and cared for and reminded residents that Cobblestone Lake Park is open to the entire City. Councilmember Goodwin explained the reason for putting the trail around Cobblestone Lake Park. It is important to remember that it is a City-wide park and when it is completed, it will be a wonderful amenity to the park system. Councilmember Grendahl said the City is investing money in parks all over the City and does not believe it is catering to any one area. She commented about the number of restroom facilities installed at Kelley Park and asked about the plans for restroom facilities at Cobblestone Lake Park. Mr. Adamini said the restroom will need to be considerably larger than the facilities installed at Kelley Park. They are considering making the restrooms at Kelley Park unisex, which will help the situation. Councilmember LaComb said Cobblestone Lake Park is beautiful and agreed that when the trail around the lake is complete, it will be a jewel in the City’s park system. Mayor Hamann-Roland stated she wanted to be very clear that this is a public/private partnership with matched funds from the developer and that is why Cobblestone Lake Park is getting additional amenities. MOTION: of LaComb, seconded by Goodwin, authorizing the expenditure of $225,000 from the Park Dedication Fund for a picnic shelter, gazebo, and restroom facility at Cobblestone Lake Park as described in the Parks and Recreation Director’s memo dated August 6, 2008. Ayes - 5 - Nays - 0. SET SPECIAL INFORMAL MEETING Mr. Lawell recommended setting a special informal meeting on August 28, 2008, to meet with the Minnesota Valley Transit Authority (MVTA) and its consultants on the design of the Bus Rapid Transit station and stops. Councilmember Grendahl asked if other interested parties will also be invited to this meeting. Mr. Lawell suggested inviting the Planning Commission, the Chamber of Commerce, and the businesses that surround the station and stops. MOTION: of Grendahl, seconded by Bergman, setting a special informal City Council meeting, at 6:30 p.m., on August 28, 2008, at the Municipal Center. Ayes - 5 - Nays - 0. CEDAR AVENUE CORRIDOR CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 7 Mr. Nordquist reviewed the request by Dakota County for feedback regarding specific points along the Cedar Avenue Corridor. In particular, the County is requesting a recommendation regarding the 138th Street W. and Upper 139th Street W. area, the 147th Street W. and 153rd Street W. sidewalk width, and the noise wall. Mr. Nordquist then recommended the Council authorize the City Administrator to draft a letter to Dakota County expressing the Council’s consideration of certain proposed improvements along Cedar Avenue Corridor. Based on discussion at the informal meeting, he reviewed the language staff drafted to express the Council’s preferred direction. Councilmember Grendahl noted that the Council spent a significant amount of time discussing this matter at the informal Council meeting earlier this evening and over the last several months. She recommended a change to the suggested language for the fourth item. Instead of “Evaluate options…” she prefers “Determine options for the acquisition of the private resident at 7472 Upper 139th Street W. to include the use of this property to support the goals of the Cedar Avenue Corridor improvements”. Councilmember Goodwin suggested going a step further and recommending the County purchase the residence at 7472 Upper 139th Street W. Ms. Kristine Elwood, from Dakota County, said there are two different elements of this project. The Bus Rapid Transit station is one element. It has federal funding and is on a very tight timeframe. The second element is the roadway piece and has a different timeline. Because federal money is involved, there is a very prescriptive process and timeline which must be followed in order to acquire properties. They are currently not at a point in the process where they have approval to acquire the property in question. Therefore, she does not want to talk about purchasing a property until they have looked at all the details of the project and have been through the required processes. Councilmember Grendahl questioned why the Council cannot suggest what it would like to have happen if its recommendation is merely advisory. Ms. Elwood said she is open to having this discussion in the future. However, discussing it at this time makes it more difficult to move forward with the project. She said the County will definitely look at that property and will be fair to that property owner. It is part of the process and they will have discussion with the property owner, they are just not at that stage of the process at this time. Mayor Hamann-Roland stated there is unanimous support from the Council regarding the property at 7472 Upper 139th Street W., yet it also wants to do its due diligence in order to get the Federal Transit Administration (FTA) funds. Councilmember LaComb noted there is no date associated with the language under item 4. She suggested changing it to read “Acquire the private residence…”. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 8 Ms. Elwood responded that if the intent is to acquire the property at 7472 Upper 139th Street W. before knowing what it would be used for, it may not be eligible for federal funding. If the process is not followed or if the project does not show a need to purchase that property after going through the process, Apple Valley may have to pay for the property acquisition. She is concerned the Council’s proposed direction may get itself ahead of the process and eliminate the eligibility for federal funding. Councilmember Bergman asked if it is possible that only one property would be purchased. Ms. Elwood said it is a possibility; however, the County wants to partner with the City and do the best it can. If federal dollars cannot be used, Ms. Elwood said she would have to go before the County Board to determine if the County would fund that purchase. Mayor Hamann-Roland questioned if it would impact the timing of the project if the acquisition of property had to go before the County Board to determine funding. Ms. Elwood responded that it would absolutely impact the timing because funding cannot be determined until the environmental documentation is done and that is not done yet. Mr. Dougherty said he is not familiar with the federal regulations; however, the basic question is whether the funding would occur without any communication from the City of Apple Valley. If it would, the Council is merely expressing its whim to the County Board. Councilmember Goodwin agreed with Councilmember LaComb’s suggested change to the language under item 4. He believes the language simply expresses the Council’s opinion. If the County has a problem with it, they will notify the City. At least the Council will be on record with its preferred recommendation. Ms. Elwood asked if the Council intended to consider each recommendation separately. The Council discussed approving each item separately. MOTION: of Grendahl, seconded by Goodwin, directing a letter to Dakota County expressing the Council’s position on proposed improvements along the Cedar Avenue Corridor include a recommendation to retain right-in/right-out access on the east side of the intersection of 138th Street W. frontage road with Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, directing a letter to Dakota County expressing the Council’s position on proposed improvements along the Cedar Avenue Corridor include a recommendation to install a cul-de-sac at the intersection of Upper 139th Street W. and Cedar Avenue when Upper 139th Street W. is closed due to corridor improvements, including the acquisition of a private residence at 7469 Upper 139th Street W. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 9 MOTION: of LaComb, seconded by Bergman, directing a letter to Dakota County expressing the Council’s position on proposed improvements along the Cedar Avenue Corridor include a recommendation to allow modifications to the ring route design standards as provided on the attached exhibits near the intersection of 147th Street W. and Cedar Avenue and 153rd Street W. and Cedar Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, directing a letter to Dakota County expressing the Council’s position on proposed improvements along the Cedar Avenue Corridor include a recommendation to acquire the private residence at 7472 Upper 139th Street W. to include the use of this property to support the goals of the Cedar Avenue Corridor improvements. Ayes - 5 - Nays - 0. Councilmember Grendahl questioned the need to separate the items if they were all going to be included in the letter to the County Board. Ms. Elwood stated her concern was moving the Urban Partnership Agreement (UPA) station forward. She did not want that portion of the project delayed by the discussion of the property acquisition on the south side of Upper 139th Street W. COUNCIL COMMUNICATION The Council welcomed Public Works Director Todd Blomstrom to the City and reminded everyone of Fire Chief Keith Wassmund’s upcoming retirement. Councilmember LaComb invited everyone to a picnic hosted by Tree Trust on August 15, 2008, at 11:30 a.m. at Alimagnet Park, at which time students who have worked on projects in Apple Valley will be presented certificates. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated August 14, 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 Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated July 30, 2008, in the amount of $975,071.42; and August 6, 2008, in the amount of $9,995,333.34; and August 14, 2008 in the amount of $1,973,107.73. Ayes - 5 - Nays - 0. CLOSED MEETING, PERFORMANCE EVALUATION CITY OF APPLE VALLEY Dakota County, Minnesota August 14, 2008 Page 10 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. 13D05, Subd. 3a, to conduct a performance evaluation. MOTION: of Grendahl, seconded by Goodwin, to enter into a closed meeting and convene in closed session to conduct a performance evaluation of the City Administrator. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 9:20 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl and LaComb; and City Administrator Lawell. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:49 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:50 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 9-28-08 .