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HomeMy WebLinkAbout11/06/2008 CITY OF APPLE VALLEY Dakota County, Minnesota November 6, 2008 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 6, 2008, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Bergman, and LaComb. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Manson, Finance Director Ballenger, Recreation Supervisor Bird, Public Works Director Blomstrom, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, 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 Webelos Jonah Bengston, Jackson Billion, Luke Doolittle, Peter Flesvig, Ryan Pevan, and T. J. Tiedemann from Pack 298, Den 9. APPROVAL OF AGENDA MOTION: of LaComb, seconded by Goodwin, approving the agenda for tonight’s meeting as presented. Ayes - 4 - Nays - 0. KEITH GORDON RETIREMENT RECOGNITION Mayor Hamann-Roland recognized former City Engineer Keith Gordon, of Bonestroo, for 38 years of service to the City of Apple Valley. She then presented him with a recognition plaque in honor of his distinguished service. The Council wished the Mr. Gordon and his wife a happy and well- deserved retirement. Mr. Gordon said Apple Valley is a wonderful place and thanked the Council, staff, citizens, developers, and contractors; and added that the people are tremendous and he has enjoyed working with everyone. 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. Mr. Brian Bessler, Debra McNaulty, and Ms. Lisa Bessler, representatives from the Apple Valley Arts Foundation, and Mr. Bird invited everyone to the Apple Valley Arts Festival / A Day to Remember on November 8, 2008, from 11:00 a.m. to 7:00 p.m. at the Apple Valley Community Center. The event is sponsored by the Apple Valley Arts Foundation and the City of Apple Valley and admission is free. There will music as well as arts, crafts, and food for sale. CITY OF APPLE VALLEY Dakota County, Minnesota November 6, 2008 Page 2 Ms. Julie Gugin, Executive Director of Minnesota Home Ownership Center, provided information regarding a telephone seminar for homeowners concerned about foreclosure. The seminar will be held from 7:00 to 8:00 p.m. on November 18, 2008. Details can be found on the City’s website. 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 Goodwin, seconded by LaComb, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by LaComb, approving the minutes of the regular meeting of October 23, 2008, as written. Ayes - 4 - Nays - 0. Resolution No. 2008-207 MOTION: of Goodwin, seconded by LaComb, adopting setting a public hearing on November 25, 2008, at 8:00 p.m., on the renewal applications for On-Sale Intoxicating Liquor and Wine Licenses for 2009. Ayes - 4 - Nays - 0. Resolution No. 2008-208 MOTION: of Goodwin, seconded by LaComb, adopting establishing Change/Petty Cash Fund for Liquor Store No. 3 in the amount of $2,550.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving the updated Snow and Ice Control Policy and Procedures as attached to the Public Works Superintendent’s memo dated November 6, 2008. Ayes - 4 - Nays - 0. Resolution No. 2008-209 MOTION: of Goodwin, seconded by LaComb, adopting , approving and ratifying the Mutual Police Assistance Agreement for Enforcement of Traffic Safety Laws, and authorizing the Chief of Police to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving the Proposal from The Brimeyer Group for Phase I and II, Finance Director Position Profile and Recruitment and Screening, and authorizing the City Administrator to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving the reduction of financial guarantee for Oakwood Hills from $95,315.00 to $51,500.00 and the release of financial guarantees for Grandstay Hotel NRMP, Grandstay Hotel Landscaping, Legacy Square NRMP, Remax NRMP, Enjoy! Restaurant NRMP, Cedar Isle Country CITY OF APPLE VALLEY Dakota County, Minnesota November 6, 2008 Page 3 Homes, Fischer Marketplace 7th Addition NRMP, McDonald’s NRMP, Regatta 3rd Addition NRMP, LA Fitness NRMP, LA Fitness Landscaping, and Questar Education Building NRMP, as listed in the Community Development Department Assistant’s memo dated November 6, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, amending the Business Subsidy Agreement with Founders Circle Development, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving the First Amendment of Easement Agreement with Paideia Academy and Bogart’s Apple Place Bowl, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, tabling consideration of various Walmart land use applications until November 25, 2008. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving the Agreement for Municipal Well Abandonment with Keys Well Drilling Company, in the amount of $19,810.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving the Professional Services Agreement with Sanders Wacker Bergly, Inc., for landscape design services for Lebanon Cemetery, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Ebert Construction, for Quarry Point Athletic Complex, in the amount of an additional $18,892.40. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 9 to the contract with Ebert Construction, for Liquor Store No. 3 Construction, in the amount of an additional $5,872.52. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Steenberg-Watrud Construction, LLC, for Senior Center Project # 0330 - Cast-In-Place Concrete, in the amount of an additional $1,486.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 3 to the contract with Northfield Construction Company, Inc., for Senior Center Projects # 0610 - Rough Finish Carpentry, and # 1230 - Pre-Manufactured Casework, in the amount of an additional $1,103.00. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 6, 2008 Page 4 MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Empirehouse, Inc., for Senior Center Project # 0840 - Aluminum Entrances, with a deduction of $540.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Hufcor Minnesota, for Senior Center Project # 0833 - Coiling Doors/Grills, in the amount of an additional $19,761.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Friedges Drywall, Inc., for Senior Center Project # 0920 - Drywall/Access Doors, in the amount of an additional $1,486.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 2 to the contract with Grazzini Brothers and Company, for Senior Center Projects # 0930 - Tile, and # 0965 - Resilient Flooring/Carpet, in the amount of an additional $789.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Summit Fire Protection Company, for Senior Center Project # 2100 - Fire Protection, at no cost. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the contract with Bostrom Sheet Metal Works, Inc., for Senior Center Project # 2302 - Heating/Ventilating/Air Conditioning, in the amount of an additional $18,545.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 3 to the contract with Manor Electric, Inc., for Senior Center Project # 2602 - Electrical/Fire Alarm, with a deduction of $307.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving Change Order No. 1 to the agreement with Earl F. Anderson, Inc., with a deduction of $1,108.00; and accepting Lac Lavon Picnic Shelter as final and authorizing final payment in the amount of $55,123.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, accepting Volleyball Court Curbing as final and authorizing final payment on the agreement with Curb Innovations, LLC, in the amount of $17,688.00. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by LaComb, approving hiring the seasonal employees listed in the Personnel Report and Addendum dated November 6, 2008. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota November 6, 2008 Page 5 CANVASS OF ELECTION RETURNS Ms. Gackstetter reviewed the results of the General Election held on November 4, 2008. A total of 29,262 ballots were cast, which represents an 81.3 percent voter turnout. She thanked the volunteers and City staff for all their help. The Council expressed appreciation to everyone who helped prepare for and worked at the election. Resolution No. 2008-210 MOTION: of Bergman, seconded by Goodwin, adopting canvassing the returns of the November 4, 2008, City General and Special Election and declaring that Tom Goodwin and Ruth Grendahl were elected Councilmembers for four-year terms, each, commencing January 5, 2009, and further declaring that Sharon LaComb was elected Councilmember to fill the vacancy in the term expiring January 2, 2011. Ayes - 4 - Nays - 0. SOCIAL HOST ORDINANCE Police Chief Johnson gave the second reading of an ordinance amending Title XIII of the City Code 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 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. Ordinance No. 848 MOTION: of Goodwin, seconded by LaComb, passing amending Title XIII of the City Code entitled “General “Offenses” by adding Sections 130.08 to 130.12 regarding Social Host Liability. Ayes - 4 - Nays - 0. SET SPECIAL INFORMAL MEETINGS Mr. Lawell reviewed his memo recommending setting two special informal meetings, the first to review the 2009 City Budget and the second to conduct interviews of semi-finalists for the Fire Chief position. MOTION: of Bergman, seconded by Goodwin, setting special informal City Council meetings at the Municipal Center, at 6:30 p.m., on November 19, 2008, to review the 2009 City Budget, and at 2:00 p.m. on November 21, 2008, to interview candidates for the Fire Chief position. Ayes - 4 - Nays - 0. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota November 6, 2008 Page 6 MOTION: of Goodwin, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk’s memo dated November 3, 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 Goodwin, to pay the claims and bills, check registers dated October 30, 2008, in the amount of $3,425,067.01; and November 5, 2008, in the amount of $2,700,705.07. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:45 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 11-25-08 .