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Home My WebLink About09/11/2008 CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 11, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, LaComb, and Grendahl. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Parks Maintenance Superintendent Adamini, Finance Director Ballenger, Public Works Director Blomstrom, Assistant City Administrator Grawe, Police Chief Johnson, Community Development Director Nordquist, Human Resources Manager Strauss, and Acting Fire Chief Thompson. 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 LaComb, seconded by Grendahl, approving the agenda for tonight’s meeting as written. 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. There were no requests. 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 LaComb, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by LaComb, approving the minutes of the regular meeting of August 28, 2008, as written. Ayes - 4 - Nays - 0. Resolution No. 2008-177 MOTION: of Bergman, seconded by LaComb, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on October 11, 2008, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 2008 Page 2 Resolution No. 2008-178 MOTION: of Bergman, seconded by LaComb, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion, Squadron 1776, for use on November 11, 2008, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. Resolution No. 2008-179 MOTION: of Bergman, seconded by LaComb, adopting approving 2008 Special Assessment Roll No. 575, for hearing purposes, in the total amount of $88,000.88 for Delinquent Utility Charges, and setting the public hearing, at 8:00 p.m., on October 9, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-180 MOTION: of Bergman, seconded by LaComb, adopting approving 2008 Special Assessment Roll No. 576, for hearing purposes, in the total amount of $16,636.45 for Delinquent Mowing/Snow Removal Charges, and setting the public hearing, at 8:00 p.m., on October 9, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-181 MOTION: of Bergman, seconded by LaComb, adopting approving 2008 Special Assessment Roll No. 577, for hearing purposes, in the total amount of $2,660.00 for Delinquent False Alarm Charges, and setting the public hearing, at 8:00 p.m., on October 9, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-182 MOTION: of Bergman, seconded by LaComb, adopting approving 2008 Special Assessment Roll No. 578, 579, and 580 for hearing purposes, in the total amount of $7,513,200.00 for Improvement Charges, and setting the public hearing, at 8:00 p.m., on October 9, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-183 MOTION: of Bergman, seconded by LaComb, adopting amending the Comprehensive Plan Guide to include the Water Emergency and Conservation Plan, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving temporary parking on the north side of Greenleaf Elementary School for school events during the 2008/2009 school year as listed in the attachment to the Police Chief’s memo dated September 4, 2008. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving release of a subdivision financial guarantee for Cobblestone 3rd Addition, as listed in the Community Development Department Assistant’s memo dated September 11, 2008. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving the Letter of Understanding with Dakota County Community Development Agency (CDA) for administration of Community Development Block Grant (CDBG) Program in Fiscal Year 2008, as CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 2008 Page 3 attached to the City Planner’s memo dated September 5, 2008, and authorizing the City Administrator to sign the same. Ayes - 4 - Nays – 0. MOTION: of Bergman, seconded by LaComb, approving an extension of the Agreement with STDEA Readers, Inc., for Meter Reading Services through December 30, 2008. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Friedges Contracting Company, for Projects 05-292 and 07-379, Scout Pond and 120th Street Storm Sewer Improvements, in the amount of an additional $9,893.25. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Northdale Construction Company, Inc., for Project 07-357, Sanitary Lift Station No. 4 Replacement, in the amount of an additional $2,300.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Axel H. Ohman, for Senior Center Project #0420 – Masonry/Cast Stone, with a deduction of $74.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Northfield Construction Corporation, for Senior Center Project #0610 – Rough/Finish Carpentry, with a deduction of $7,465.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Manor Electric, for Senior Center Project #2602 – Electrical/Fire Alarms, with a deduction of $7,700.00. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 6 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of an additional $2,666.54. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, approving Change Order No. 1 to the contract with Bergerson Caswell, Inc., for Project 07-368, Well Pump No.’s 4, 6, 9, 15, and LZP2 Maintenance, with a deduction of $7,165.00; and accepting Project 07-368 as final and authorizing final payment in the amount of $19,794.50. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by LaComb, accepting Water Treatment Plant Pump Replacements as final and authorizing final payment on the Agreement with Waldor Pump & Equipment Company, in the amount of $17,186.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 11, 2008 Page 4 MOTION: of Bergman, seconded by LaComb, approving hiring the full time, part time, and seasonal employees, and the resignation of an employee, as listed in the Personnel Report dated September 11, 2008. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA ORDINANCE AMENDING CHAPTER 91 REGULATING DANGEROUS DOGS Police Chief Johnson gave the first reading of an ordinance amending Chapter 91 of the City Code regulating potentially dangerous dogs and dangerous dogs. The amendments are recommended by the City Attorney and clarify the declaration timeline and method for notifying dog owners of the hearing officer’s decision. Staff recommends the second reading be waived. MOTION: of Bergman, seconded by LaComb, waiving the provision for a second reading and Ordinance No. 845 passing amending Section 91.20 of the City Code regulating potentially dangerous dogs and dangerous dogs. Ayes - 4 - Nays - 0. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated September 8, 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 Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated September 4, 2008, in the amount of $3,700,326.34; September 10, 2008, in the amount of $6,801,061.53; and September 11, 2008, in the amount of $382,070.86. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by LaComb, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:06 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 9-25-08 .