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Home My WebLink About10/23/2008 CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 23, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Bergman, LaComb, 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, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, and Acting Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scout Tom Fix from Troop 205. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Goodwin, approving the agenda for tonight’s meeting as presented. 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 Grendahl, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of October 9, 2008, as written. Ayes - 5 - Nays - 0. Resolution No. 2008-199 MOTION: of Grendahl, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2008 Page 2 to Eastview Hockey Association, for use on December 29, 2008, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving issuance of a new License for Sale of Tobacco and Tobacco Products to Apple Valley Liquor Store No. 3, at 5470 157th Street W., as described in the City Clerk’s memo dated October 20, 2008. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving renewal of a Currency Exchange License by the Minnesota Department of Commerce to Madison Financial Companies, Inc., for premises at 15465 Cedar Avenue, Ste. 170. Ayes - 5 - Nays - 0. Resolution No. 2008-200 MOTION: of Grendahl, seconded by Bergman, adopting , appointing Mary Hamann-Roland as Commissioner and Stephen David as Alternate to the Black Dog Watershed Management Organization Board. Ayes - 5 - Nays - 0. Resolution No. 2008-201 MOTION: of Grendahl, seconded by Bergman, adopting approving submission of the Apple Valley, Burnsville, and Eagan joint 2009 Landfill Abatement and Recycling Funding Application, in the amount of $155,600.00, to Dakota County, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. Resolution No. 2008-202 MOTION: of Grendahl, seconded by Bergman, adopting , approving the Dakota County All-Hazard Mitigation Plan. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a 3-foot side-yard setback variance for an existing retaining wall that exceeds 4 feet in height on Lot 15, Block 1, Briar Oaks of Apple Valley 2nd Addition (12082 Gantry Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving a 2-foot side-yard setback variance for a new deck staircase on Lot 15, Block 1, Briar Oaks of Apple Valley 2nd Addition (12082 Gantry Court), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2008-203 MOTION: of Grendahl, seconded by Bergman, adopting approving plans and specifications for Project 08-415, Maintenance of Deep Well Nos. 3, 7, and 17; and authorizing advertising for receipt of bids, at 10:00 a.m., on November 18, 2008. Ayes - 5 - Nays - 0. Resolution No. 2008-204 MOTION: of Grendahl, seconded by Bergman, adopting approving specifications for 2009-2010 Mowing and Trimming Maintenance Services on City CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2008 Page 3 Properties, and authorizing advertising for receipt of bids, at 2 00 p.m., on November 18, 2008 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by Bergman, accepting Lac Lavon Asphalt Project as final and authorizing final payment on the agreement with Bituminous Roadways, in the amount of $17,950 00 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by Bergman, approving hiring the full time and seasonal employees, as listed in the Personnel Report dated October 23, 2008 Ayes - 5 - Nays - 0 MOTION of Grendahl, seconded by Bergman, approving the Assessment Agreement with Founders Circle Development, LLC, for Lot 1, Block 1, Village at Founders Circle, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 END OF CONSENT AGENDA 2008 SPECIAL ASSESSMENT ROLL 580 Mr Ballenger said on October 9, 2008, the Council held a public hearing on 2008 Special Assessment Ro11580 for improvements. At that time, the Council tabled the assessment for PID # O1-03600-011-28 in the amount of $290,716 00 The owner of the parcel has since requested PID # 01-3600-010-25 be assessed rather than the original parcel. The City Attorney has drafted an Assessment Agreement levying the assessment of $290,716 00 to PID # 01-3600-010-25 Mayor Hamann-Roland continued the public hearing on PID # 01-3600-011-28 at 8 07 p.m., on Special Assessment Roll No 580 The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8.08 p.m. MOTION of Bergman, seconded by LaComb, approving the Assessment Agreement with Fischer Sand & Aggregate Company levying an assessment on PID # 01-03600- 010-25 in the amount of $290,716 00 Ayes - 5 -Nays - 0 2008 SPECIAL ASSESSMENT ROLL 567 Mr Ballenger reviewed Special Assessment Roll 567, for improvements to Embry Estates, noting no written objections have been received. Mayor Hamann-Roland asked for public comments. There were none. MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2008-205 approving and levying 2008 Special Assessment Roll No 567, for improvements to Embry Estates, m the total amount of $1,044;785 00 Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2008 Page 4 WALMART EXPANSION MOTION: of Goodwin, seconded by Bergman, tabling consideration of the Walmart expansion and land use applications to November 6, 2008. Ayes - 5 - Nays - 0. DRAFT 2030 COMPREHENSIVE PLAN Mr. Nordquist introduced Mr. Brad Schieb, of Hoisington Koegler, who will be taking over for Mr. Rusty Fifield. Mr. Nordquist and Mr. Fifield then presented the draft 2030 Comprehensive Plan. The Plan has ten Chapters. They are: Introduction, Vision for Apple Valley, Community Complex, Land Use, Housing, Economic Development, Parks and Active Living, Transportation, Utilities, and Using the Plan and Actions to Consider. Mr. Nordquist said open houses will be scheduled in January and February 2009. The public can provide feedback via a link on the City’s website. The public hearing is tentatively scheduled for April 2009, after the comments and feedback have been incorporated. Mayor Hamann-Roland commended the Planning Department, the Planning Commission, and Mr. Fifield for their efforts. She said the Plan tells a great story. Councilmember Grendahl asked how Council should provide feedback. Mr. Nordquist recommended providing the feedback to him. Councilmember Goodwin invited landowners to take advantage of this opportunity to provide feedback on the Plan. Mr. Fifield agreed that people should use this opportunity to provide input. He stated there was very low attendance during the last round of public meetings. He then thanked the Council and staff for the privilege to work on this project. MOTION: of Goodwin, seconded by Grendahl, authorizing staff to distribute the Draft 2030 Comprehensive Plan for agency review and comment. Ayes - 5 - Nays - 0. Resolution No. 2008-206 MOTION: of LaComb, seconded by Bergman, adopting approving requesting additional time from the Metropolitan Council within which to complete 2030 Comprehensive Plan “Decennial” review obligations. Ayes - 5 - Nays - 0. SOCIAL HOST ORDINANCE Police Chief Johnson gave the first reading of an ordinance amending Title XIII entitled General Offenses by adding Sections 130.08 to 130.12 regarding Social Host Liability. The ordinance holds parents and other adults responsible for underage drinking on their property and prohibits adults CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2008 Page 5 from providing a place for underage drinking. It does not regulate conduct solely between an underage person and his or her parents while present in the parent’s household. The Council accepted the first reading. The second reading will be November 6, 2008. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk’s memo dated October 20, 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 October 15, 2008, in the amount of $1,794,581.82; and October 22, 2008, in the amount of $8,577,478.12. Ayes - 5 - Nays - 0. Mayor Hamann-Roland said the meeting will be continued in the Regent Room. She then called a recess at 9:16 p.m. Mayor Hamann-Roland resumed the meeting at 9:21 p.m. FIRE CHIEF RECRUITMENT UPDATE Mr. James Brimeyer, of The Brimeyer Group, updated the Council on the recruitment of the Fire Chief. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:59 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 11-6-08 .