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HomeMy WebLinkAbout02/12/2009 CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 12th, 2009, at 8.00 o'clock p.m., at Apple Valley Municipal Center PRESENT Mayor Hamann-Roland, Councilmembers Bergman, Goodwin, Grendahl and LaComb ABSENT None City staff members present were City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, 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 Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8 00 p.m. Everyone took part m the Pledge of Allegiance led by Boy Scouts Evan Herland, Peter Micholic, and Erik Read from Troop 292 APPROVAL OF AGENDA MOTION of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting as written. 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 m 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 January 22, 2009, as written. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 2 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-15 accepting, with thanks, the donation of $1,200 00, from Sam's Club Foundation, for use by the Police Department Bicycle Patrol Program. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-16 approving issuance of an off-site gambling permit, by the State Gambling Control Board, to Dakota County Vorture 1457, for use on March 17, 2009, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-17 setting a public hearing, at 8 00 p.m., on March 12, 2009, on the renewal application by Joel Watrud d/b/a Apple Valley Golf Course for On-Sale 3.2 Percent Malt Liquor License for 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving the High Performance Partnership (HiPP) Memorandum of Understanding with Dakota County and member cities. Ayes-S-Nays-0 MOTION of LaComb, seconded by Goodwin, appointing Mayor Mary Hamann-Roland and City Administrator Tom Lawell as the City's representatives to the High Performance Partnership (HiPP) Steering Committee Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-18 approving Agreement with Edina Realty, Inc ,for real estate services to dispose of surplus property located at 7990 132nd Court West and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving the 2009 annual excavation permit for commercial sand and gravel mining operations by Fischer Sand & Aggregate, LLP, as recommended in the City Planner's memo dated February 9, 2009 Ayes -S-Nays-0 MOTION of LaComb, seconded by Goodwin, approving the reduction of financial guarantee for Knob Ridge 2nd Addition-Pilot Flex Center from $88,300 00 to $51,737 500 and the release of financial guarantees for Galles Addition, Cedar Isle Estates 6th Addition, Anderson Car Wash, IHOP, Timber Ridge Townhomes, and Cobblestone Lake Commercial NRMP, as listed in the Community Development Department Assistant's memo dated February 12, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-19 directing the City Engineer to prepare plans and specifications for AV Project 2009-105, 2009 Miscellaneous Utilities Improvements. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 3 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-20 directing the City Engineer to prepare plans and specifications for AV Protect 2009-111, Long Lake Draw Down Pipe. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-21 approving plans and specifications for AV Protect 2009-101, 2009 Street Maintenance Project; and authorizing advertising for receipt of bids, at 10.00 a.m., on March 19, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-22 authorizing advertising for receipt of bids on AV Project 2008-114, Palomino Reservoir Rehabilitation, at 2 00 p.m., on March 19, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving the Agreement for 2009-2010 Mowing and Trimming Services with Southside Lawn and Snow, in the amount of $52,562.50 annually, 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 Ebert Construction, for Quarry Point Park Athletic Complex, m the amount of an additional $4,205 76 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Change Order No 1 to the agreement with Reco Store Equipment, in the amount of an additional $1,577 O1, and accepting Storage Area Shelving as final and authorizing final payment m the amount of $11,750 00 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Change Order No 1 to the agreement with Archetype Signmakers, with a deduction of $1,215 16, and accepting Liquor Store No 3 Interior Signage as final and authorizing final payment in the amount of $25,301.21 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving hiring the full time, seasonal and volunteer employees and retirement of employee, as listed in the Personnel Report and Addendum dated February 12, 2009 Ayes - 5 -Nays - 0 END OF CONSENT AGENDA SALE OF CITY REFUNDING BONDS Mr Steve Mattson, of Northland Securities, was present and distributed an offer to purchase General Obligation State-Aid Road Refunding Bonds, Series 2009A, in a negotiated sale. The original bonds were issued m 2003 to finance Pilot Knob Road improvements. The refinancing CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 4 would result in a total debt service savings to the City of $95,175 91 Mr Mattson said all of the bonds from the 2003 issue will not be refinanced. State law requires three percent of the present value of the original issue be maintained when bonds are called prior to the original maturity date. As a result, only bonds with 2012 through 2016 maturities will being refinanced. MOTION of Goodwin, seconded by Grendahl, adopting Resolution No. 2009-23 providing for the issuance and sale of the City's $2,775,000 General Obligation State-Aid Road Refunding Bonds, Series 2009A, to Northland Securities, Inc., at an average coupon rate of 2.732169 percent and net interest cost of 2.3518064 percent, and authorizing execution of the necessary documents to complete the sale. Ayes - 5 - Nays - 0 Mr Mattson stated Moody's Investors Services recently indicated Apple Valley is a high Aal CEDAR AVENUE FINAL DESIGN Mr Lawell said Cedar Avenue is an important roadway to Apple Valley and the Council has been working on Cedar Avenue related issues for years. After a review of the Alternatives Analysis, rt was determined a suburban highway design would be the best fit for Apple Valley residents and businesses. The proposed project runs through Apple Valley's main hub at Cedar Avenue and County Road 42, which handles approximately 70,000 trips per day Although the road handles the traffic relatively well most of the day, the design does not accommodate peak periods. With anticipated traffic projections, the problem will only get worse. Staff has worked with the County to prepare a Joint Powers Agreement for final design of the Cedar Avenue Transitway It includes specific language drafted by the City regarding various aspects of the design over which the Council has expressed concern. An example is the transit stops at 140th and 147th Streets. Because the City is not convinced that transit station stops at 140th and 147th Streets are necessary, the agreement clarifies there will be additional study conducted in 2009 to ensure the facts support the need for stops at those locations before proceeding. He added that the City received a letter from the Superintendent of Independent School District 196 expressing their consent for the intersection at 155th Street. Councilmember Bergman noted the Superintendent said the school district " can live with the proposed plan. " at 155th Street. He is concerned that vehicles wanting to leave the area of the school and travel to the business district may end up going through residential neighborhoods because they are unable to make a left turn traveling northbound on Cedar Avenue. Mr Lawell responded that everyone would like as many signals as possible as far as access onto Cedar Avenue, but there is a tradeoff with access points versus mobility Mayor Hamann-Roland said a full intersection would be preferred at 155th Street. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 5 Mr Lawell said the Council has been clear in its goal to protect the integrity and its investment in the ring route The agreement protects full access and improved pedestrian crossings at 147th and 153rd Streets. He noted the agreement only relates to the final design phase of this project. It does not include plans for bids. There is still a long way to go in the design. It will take all of 2009 and the first part of 2010 to finalize the design. This agreement also provides the assurances the Minnesota Valley Transit Authority needs to pull its building permit for the new parking structure at 153rd Street and Cedar Avenue Mr Blomstrom reviewed various packet documents and gave a brief overview of the design layout process. The County would like to proceed with the final design process. If the Council approves the preliminary design layout, they will begin the final design process. He then reviewed the prehmmary design layout. Mr Nordquist reviewed the City's comments to the Environmental Assessment and the County's response. The City reviewed the 160-page document and found mne items of concern. The Chamber of Commerce found 22 items of concern. He noted that his presentation includes shared values and key comments from the City, the Chamber of Commerce, or both. He then recapped the concerns and comments. No City funds have been requested to date. The agreement specifies that the County will work with the City to determine the appropriate level of funding. The cost formula will be approved by a separate agreement, perhaps sometime this summer Mayor Hamann-Roland questioned the City of Lakeville's participation. Mr Nordquist stated there is concern about Lakeville's willingness to participate in the cost. The County has stated that Lakeville will not receive improvements if it does not participate in the cost. Mayor Hamann-Roland asked if the participation was to be equal for the Cities of Apple Valley and Lakeville Mr Nordquist said yes. Councilmember Grendahl noted that the agreement states City participation will be m conformance with Dakota County's cost participation policies. Mr Lawell said that the cost participation identified under number 7 in the Joint Powers Agreement is only for items the City requests which are over and above the Cedar Avenue design project. The actual Cedar Avenue design project is solely at the expense of the County Mr Blomstrom clarified the purpose of this agreement is only for final design. It incorporates figures 8D and 8E, establishes cost participation, and documents issues to be resolved during the final design process. He then highlighted the portions of the agreement covering those issues. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 6 He called out that the execution of this agreement does not represent consent on behalf of the City for installation of the proposed BRT transit stops or BRT 12-foot bus pullouts near 140th Street and 147th Street. The agreement also calls out various public involvement, noise mitigation, and cost participation. He added that the City's participation would only be for items where the City requests a change in the scope of services. Councilmember Bergman wants to be certain the locations selected as storm water holding ponds do not flood adjacent properties. Mr Blomstrom responded that during the final design process, the consultant will conduct a thorough drainage analysis. The Crty will keep a very close watch on that process to ensure proper storm water storage. Councilmember Grendahl noted the letter from the Mayor of the City of Eagan expressed concerns regarding meeting deadlines. She questioned if this project is behind its deadline. Mayor Hamann-Roland stated she believes this project is on schedule Mr Lawell said he believes the City of Eagan's concerns are relative to deadlines regarding funding for their Cedar Grove West transit station project. Councilmember Goodwin reiterated that the Council is not giving consent for the transit stops at 140th and 147th Streets, and that approval of those stops will involve additional discussion and require additional action. Mr Blomstrom affirmed that the Council is not giving consent for the 140th and 147th Street transit stops and it is clearly stated as such m the agreement. He added that the language the Council reviewed this evening was extracted from the actual agreement. MOTION of Goodwin, seconded by LaComb, approving the Agreement with Dakota County for final design of Cedar Avenue Transrtway (CSAH 23), and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 Mayor Hamann-Roland thanked the County for all the work they have done and will continue to do on this project. Dakota County Commissioner Brannmg thanked the Council and staff for their efforts. Council approval allows the County to take the next step. He added that the bids for the parking structure at Cedar Avenue and 153rd Street came in extremely favorable At this time, authorization has been given to the Minnesota Valley Transit Authority to move forward with ground parking and two decks. Mayor Hamann-Roland said that is very good news. CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 7 Councilmember Goodwin asked if it would be possible to add a third deck considering the bids came in so low Commissioner Branning said they have applied to all the various funding sources for another deck. If additional dollars are appropriated, they will build the third deck. ORDINANCE REGULATING PROPERTY ADDRESS IDENTIFICATION Mr Thompson gave the second reading of the ordinance amending Section 155.360 regarding property address identification. The proposed changes will help emergency responders find addresses more easily and will help bring buildings to a single standard for exterior address numbers. MOTION of Goodwin, seconded by Bergman, passing Ordinance No. 854 amending Section 7155.360 of the City Code regulating property address identification. Ayes - 5 -Nays - 0 DRINKING WATER SAMPLING Mr Blomstrom distributed various materials regarding the testing of drinking water for perfluorochemicals found in Class B firefighting foam. Councilmember Bergman left the meeting at 8 55 p.m. Councilmember Bergman returned to the meeting at 8 56 p.m. Mr Blomstrom then summarized a recent article in the StarTribune regarding 3M firefighting foam and the testing of drinking water in 15 Minnesota cities for possible contaminants known as perfluorochemicals (PFCs) It appears Apple Valley was selected as a testing site because of the type of aquifer systems it has and the fact that limited quantities of Class B foam were used in training and firefighting. The Department of Health has indicated m its memo the likelihood of finding PFCs in Apple Valley's water supply wells is considered to be low He said staff has been in contact with the Minnesota Department of Health to request testing be expedited. The test results will be shared with the Council and public as soon as they are available There is also information regarding this testing on the City's websrte. Fire Chief Thompson stated the Fire Department uses Class A and Class B foams to fight fires. The Fire Department stopped using foam with perfluorochemicals in 1999 Prior to that time, it was used on a very hmrted basis The Minnesota Department of Health (MDH) and the Minnesota Pollution Control Agency (MPCA) are not discouraging its continued use when needed for a Class B fire CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 8 Mayor Hamann-Roland asked when testing results would be available. Mr Blomstrom responded that testing is supposed to be completed in the first half of the year He added that Apple Valley's water system is highly regulated as required by the Federal Safe Drinking Water Act. The Minnesota Department of Health conducts regular tests on the City's water supply, and it currently meets all drinking water requirements. Mayor Hamann-Roland said clean, safe drinking water is a priority for our community Councilmember Goodwin expressed frustration with the timing of the release of information from the Minnesota Department of Health and the associated testing. He suggested staff push the State to complete the testing as soon as possible Councilmember Grendahl recommended the Mayor or Council send a letter requesting the testing date be moved up Council directed staff to prepare said letter SET SPECIAL INFORMAL MEETING Mr Lawell suggested the Council meet pnor to the next regular City Council meeting in order to discuss the status of the Finance Director recruitment process with The Brimeyer Group MOTION of Grendahl, seconded by LaComb, setting a special informal City Council meeting, at 7.00 p.m., on February 26, 2009, at the Municipal Center, for the purpose of meeting with The Brimeyer Group to discuss the status of the Finance Director recruitment process. Ayes - 5 -Nays - 0 COUNCIL COMMUNICATIONS Councilmember LaComb complimented the Parks and Recreation staff for their efforts in coordinating the Mid-Winter Festival activities, noting there were many age-appropriate games and activrties. She hopes that marketing of the event is highly networked and publicized. 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 February 9, 2009, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays-0 CITY OF APPLE VALLEY Dakota County, Minnesota February 12, 2009 Page 9 CLAIMS AND BILLS MOTION of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated January 29, 2009, in the amount of $691,408 84, February 4, 2009, in the amount of $3,606,733 65 and February 12, 2009, in the amount of $10,324,860 OS Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 9.08 o'clock p.m. Respectfully Submitted, P G,a,c,IP,o~~y Pamela J Gac stetter, City Clerk Approved by the Apple Valley City Council on 2-2~-~ q