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HomeMy WebLinkAbout08/28/2008 CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 28, 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, Public Works Director Blomstrom, Department Assistant Bowar, Assistant Finance Director Broughten, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, Deputy Fire Chief Thompson, 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 led by Boy Scouts Ryan Kirtz and Tommy Zurales from Troop 205 and Tyler Gordon from Troop 293. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Bergman, removing item 4.B.2 - Donation from Wal- Mart Foundation from the consent agenda and adding item 5.G - Set Special Informal Meeting on September 25, 2008, at 6:30 p.m. 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. 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 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 August 14, 2008, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 2 Resolution No. 2008-167 MOTION: of LaComb, seconded by Bergman, adopting accepting, with thanks, the donation of $2,000.00 from MJM Foundation for use by the Police Department K-9 Unit. Ayes - 5 - Nays - 0. Resolution No. 2008-168 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 October 24, 2008, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-169 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 November 8, 2008, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-170 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 January 10, 2009, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-171 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 March 14, 2009, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. Resolution No. 2008-172 MOTION: of LaComb, seconded by Bergman, adopting setting a public hearing on September 25, 2008, at 8:00 p.m., on the application for On-Sale and Sunday Liquor Licenses by El Toro of Apple Valley d/b/a El Toro Mexican Restaurant. Ayes - 5 - Nays - 0. Resolution No. 2008-173 MOTION: of LaComb, seconded by Bergman, adopting appointing Todd Blomstrom to the Traffic Safety Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Fixed Assets Policy as attached to the Finance Director’s memo dated August 25, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, receiving the City’s 2007 annual Audited City Financial Statements and Management Letter by Kern, DeWenter, Viere, Ltd. Ayes - 5- Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the release of financial guarantees for Magellan Substation Expansion and Mount Olivet Youth Building, as listed in the Community Development Department Assistant’s memo dated August 28, 2008. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 3 MOTION: of LaComb, seconded by Bergman, approving the Encroachment Agreements with Koch Pipeline Company and Magellan Pipeline Company, in connection with Expansion of Fiber-Optic Network to Liquor Store No. 3, as attached to the Assistant City Administrator’s memo dated August 28, 2008, subject to minor revisions as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2008-174 MOTION: of LaComb, seconded by Bergman, adopting awarding the contract for Garbage Truck, to Indianhead Truck Equipment, the lowest responsible bidder, in the total amount of $70,223.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for Apple Valley Liquor Store No. 3 Interior Signage with Archetype Signmakers, Inc., in the amount of $26,516.37, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Agreement for Lac Lavon Asphalt Project 2008, with Bituminous Roadways, Inc., in the amount of $17,950.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the procedures for administering change orders for the Senior Center, Quarry Point Athletic Complex, and Apple Valley Aquatic Center Expansion projects as described in the Parks and Recreation Director’s memo dated August 22, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the contract with Bruhn Excavating, for Grading and Storm Water Maintenance at 7990 132nd Street Court, extending the completion date to September 10, 2008, and allowing for partial payment for work completed to date, at no additional cost. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the contract with MPNexlevel, LLC, for Expansion of Fiber-Optic Network to Liquor Store No. 3, in the amount of an additional $14,768.00. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 5 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of an additional $12,974.14. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Project 05-305, Village at Founders Circle Utility and Street Improvements, as final and authorizing final payment on the CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 4 contract with Imperial Developers, Inc., in the amount of $24,305.24. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Project 05-311R, Cobblestone Area Streets and Trunk Utilities, as final and authorizing final payment on the contract with Enebak Construction, in the amount of $15,358.57. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting the summary of the City Administrator’s performance evaluation of August 14, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Fire Chief Position Profile as attached to the City Administrator’s memo dated August 25, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the temporary assignment and hiring the part-time and seasonal employees listed in the Personnel Report dated August 28, 2008. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Bergman, canceling the September 11, 2008, Informal City Council Meeting. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA KEITH WASSMUND RETIREMENT RECOGNITION Mr. Lawell thanked Fire Chief Keith Wassmund for 29 years of service to the City of Apple Valley’s Fire Department. Keith served as a volunteer Fire Chief before being selected as the City’s first permanent full time Fire Chief. He then presented Fire Chief Wassmund with a golden apple in recognition of his retirement from the City. Mayor Hamann-Roland presented Fire Chief Wassmund with the Key to the City in recognition and honor of his distinguished service to the City of Apple Valley. The Council wished the Fire Chief and his wife a happy and well-deserved retirement. Fire Chief Wassmund thanked the Council and the firefighters for their support. FIREFIGHTERS' RELIEF ASSOCIATION BOOYA FUND RAISER Deputy Fire Chief Thompson described activities planned for the Firefighters' Relief Association’s 30th annual "Booya" fund raiser on September 20, 2008, at Fire Station No. 1. Everyone is invited to attend. The event starts at 11:00 a.m. Activities such as bingo, silent auction, kids’ games, and games of chance continue throughout the day. Raffle tickets are available in advance from all firefighters. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 5 NATIONAL SENIOR CENTER MONTH PROCLAMATION Mr. Randy Johnson, Mr. Dick Geiger, Mrs. Carol Geiger, and Mr. Marv Iverson were present to promote National Senior Center Month. Mrs. Geiger, Senior Center President, read the proclamation. MOTION: of Grendahl, seconded by Goodwin, proclaiming September 2008 as “National Senior Center Month” and asking citizens to recognize the contributions of senior citizens, and staff and volunteers who work every day to enhance the well-being of older citizens in Apple Valley. Ayes - 5 - Nays - 0. The Council thanked the senior citizens for their many contributions and for being actively engaged in the community. PROPOSED 2009 CITY BUDGET AND TAX LEVY Mr. Lawell reviewed the 2009 proposed budget and property tax levy. He further reviewed the budget development process, budget assumptions, and budget highlights. He stated there is an option this year to include a 1/3 page insert into the Truth-in-Taxation mailing sent by the County. The proposed levy for 2009 represents a 7.45 percent increase from 2008, which includes a 3.13 percent increase for the voter-approved Park Bond. Mr. Ballenger reviewed the General Fund Revenues and General Fund Expenses which reflect an increase of 5.73 percent. He then reviewed the percentage of change in residential market values in 2009. Approximately 98 percent of Apple Valley’s residential properties will have a decrease or no increase in their property values. He gave examples of the impact on a median home with no change and a decrease in market value. The amount set today would be the maximum levy. At final adoption, the amount certified can be decreased but cannot be increased. Mayor Hamann-Roland states she is in favor of the educational piece to be included in the County’s mailing. Councilmember Bergman said there are four items which significantly impact this year’s budget. They are the Park Bond Referendum, consolidated dispatch, energy, and infrastructure. Councilmember Goodwin stated he would like to add the cost of health insurance and petroleum- related products to Councilmember Bergman’s list, as major items impacting the budget. Councilmember Grendahl clarified that the action before the Council this evening was to set the maximum levy, and that the actual tax levy could still go down. She suggested looking at the energy costs, noting that she has received communications requesting the Council contact Congressional leaders regarding the cost of energy. She then questioned how levy limits impacted the budget. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 6 Mr. Ballenger explained the process staff used in arriving at the proposed budget. Councilmember Goodwin relayed he has received comments from a couple of residents who prefer monthly utility billing over quarterly billing. He asked if there is a way the City could accommodate them when it converts to quarterly billing. Mr. Ballenger said residents can make monthly payments even if the City is billing them quarterly. Councilmember Bergman asked for a list of cities which bill their utilities quarterly. Councilmember LaComb said she has questions about code enforcement, and would like additional discussion on that topic in a future budget session. Mayor Hamann-Roland recommended the 1/3 page educational piece in the County’s mailing call out the percentage of increase in the levy as a result of the voter-approved Park Bond Referendum and the portion which is strictly operations. Mr. Ballenger stated there is still time to work out the specific language to be included. Staff simply needs to know if the Council wishes to include an insert. Councilmember Grendahl recommended the educational piece also include the costs for the additional personnel required to staff the new facilities being built under the Park Bond Referendum as well as costs to maintain them. MOTION: of Goodwin, seconded by LaComb, approving the educational piece in the County’s Resolution No. 2008-175 mailing and adopting approving the proposed 2009 budgets, with total revenue of $49,160,007.00 and expenditures of $49,041,552.00, and approving the proposed tax levy collectible in 2009 of $22,627,731.00 consisting of $20,612,719.00 for general purposes and $2,015,012.00 for debt purposes. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded Goodwin, setting a public hearing on the proposed 2009 budgets and tax levy, at 7:00 p.m. on December 1, 2008. Ayes - 5 - Nays - 0. TRAVEL AND EXPENSE REIMBURSEMENT POLICY Mr. Lawell reviewed the resolution clarifying the mileage reimbursement policy as it applies to the City Council. Specifically, it addresses the types of travel eligible for mileage reimbursement by elected officials. The policy permits mileage reimbursement for travel related to functions sponsored by a set list of organizations, necessary to serve on boards or committees to which elected officials have been appointed, and incurred while attending meetings and events identified on the approved Calendar of Events. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 7 Resolution No. 2008-176 MOTION: of Goodwin, seconded by Bergman, adopting amending the Travel and Expense Reimbursement Policy. Ayes - 5 - Nays - 0. ORDINANCE SETTING MAYOR AND COUNCILMEMBERS SALARIES Mr. Lawell gave the first reading of an ordinance increasing the salaries of the Mayor and Councilmembers for 2009 and 2010 as contained in his memo dated August 25, 2008. The proposed ordinance would increase the salaries by three percent in both 2009 and 2010. He presented data from the League of Minnesota Cities comparing the compensation of elected officials in comparable cities. Both the Mayor’s and Councilmembers’ salaries are below average compared to the surveyed cities. MOTION: of Goodwin, seconded by Bergman, waiving the provision for a second reading and Ordinance No. 844 passing amending Section 30.05 of the City Code by setting the salary of the mayor at $935.00 per month and the salary of each councilmember at $669.00 per month effective January 1, 2009; and setting the salary of the mayor at $963.00 per month and the salary of each councilmember at $689.00 per month effective January 1, 2008. Ayes - 5 - Nays - 0. PLANNING COMMISSIONER RESIGNATION Ms. Gackstetter reviewed her memo, dated August 25, 2008, regarding the resignation of Planning Commissioner Thomas Helgeson, creating a vacancy on the Planning Commission with a term expiring March 1, 2009. She recommended the Council extend an invitation to individuals interested in serving on the Planning Commission to submit an application to her by September 26, 2008. Appointment could then be made at the first meeting in October. MOTION: of Grendahl, seconded by Bergman, accepting the resignation of Planning Commissioner Thomas Helgeson and thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the Planning Commission vacancy and inviting individuals interested in serving on the Commission to submit an application to the City Clerk by September 26, 2008. Ayes - 5 - Nays - 0. SET SPECIAL INFORMAL MEETING MOTION: of Grendahl, seconded by Goodwin, setting a special informal City Council meeting, at 6:30 p.m., on September 25, 2008, at the Municipal Center. Ayes - 5 - Nays - 0. STAFF COMMUNICATIONS Ms. Gackstetter reminded the public of the Primary Election on September 9, 2008. Polls will be open from 7:00 a.m. to 8:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota August 28, 2008 Page 8 CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk’s memo dated August 25, 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 Goodwin, to pay the claims and bills, check registers dated August 20, 2008, in the amount of $4,616,172.57; and August 27, 2008 in the amount of $7,780,412.85. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:25 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 9-11-08 .