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Home My WebLink About02/26/2009 CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 26th, 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, Crty Engineer Bennett, Finance Director Ballenger, Public Works Director Blomstrom, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Crty Planner Lovelace, Community Development Director Nordquist, Human Resources Manager Strauss, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8.00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION of Bergman, seconded by Grendahl, adding item 4.P -Set Special Informal Meeting, on March 9, 2009, at 3.00 p.m., to the consent 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 hme, on any item not on this meeting's agenda. Mr Brian Bessler, Ms Lisa Bessler, and Ms. Cindy David, representatives of the Apple Valley Arts Foundation, announced the Tenth Annual Celebration of Spring to take place Saturday, March 7, 2009, from 6 00 p.m. to 9 30 p.m., at the Minnesota Zoo Mr Bessler stated the event is open to the public and encouraged everyone to attend this free event. State Representative District 37A Tara Mack apologized for missing the recent meeting with local legislators and said she was present to listen m and catch up on Crty issues. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. Councilmember Bergman requested item 4.K.1 -Senior Center Change Order No 3 to Sr Ctr Proj #0420 -Masonry/Cast Stone -Add $29,299 00, be placed on the regular agenda. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 2 MOTION of LaComb, seconded by Bergman, moving consideration of item 4.K.1 to the regular agenda and approving all items on the consent agenda as amended. Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS MOTION of LaComb, seconded by Bergman, approving the minutes of the regular meeting of February 12, 2009, as written. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving renewal of the City's property, liability, workers' compensation, and umbrella insurance coverage for March 1, 2009, through March 1, 2010, with the League of Minnesota Cities Insurance Trust at a total premium of $840,930 00, including the non-waiver of statutory liability limits for the City's insurance, as recommended in the Finance Director's memo dated February 20, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving renewal of the Client Services Agreement with Bill Velin of Wells Fargo Insurance Services, acting as the Agent of Record for 2009-2010, m the amount of $8,000 00, as recommended in the Finance Director's memo dated February 20, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-24 amending the Street Lighting System Fees for 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-25 amending the Sewer and Water Rates for 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-26 approving amendments to the Apple Valley Firefighters Relief Association's Bylaws. Ayes - 5-Nays-0 MOTION of LaComb, seconded by Bergman, receiving the Cemetery Advisory Committee's 2008 annual report. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, receiving the Traffic Safety Advisory Committee's 2008 annual report. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, accepting Public Safety Interoperable Communication (PSIC) Grant of $4,762.90 from Metropolitan Emergency Services Board for purchase of 800 MHz portable radios, and authorizing the Mayor, City Clerk, and Public Works Director to execute the necessary documents. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 3 MOTION of LaComb, seconded by Bergman, approving the Special Outdoor Promotion/Temporary Sign Permit for placement of signage on City property, as described in the application, m connection with the 2009 Home & Garden Expo Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving release of financial guarantee for Hidden Ponds 3rd Addition NRMP, as listed in the Community Development Department Assistant's memo dated February 26, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving the Agreement for 2009 Metal Fence Fabrication with Minnetonka Iron Works, LLC, in the amount of $12,004.20, 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 AV Project 2009-110, Water Treatment Plant Filter Wash Trough Modifications, with Shank Constructors, Inc , in the amount of $48,400 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving the Supplement to Subcontract Agreement with Schindler Elevator Corporation, for the Senior Center Hydraulic Elevator, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0 MOTION of LaComb, seconded by Bergman, approving Change Order No 2 to the contract with DAKA Corporation, for Senior Center Project #0512 -Structural Steel- Supply, in the amount of an additional $1,584 00 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving Change Order No 3 to the contract with Bostrom Sheet Metal Works, Inc., for Senior Center Project #2302 - Heating/Ventilating/Air Conditioning, m the amount of an additional $626 00 Ayes-S-Nays-0 MOTION of LaComb, seconded by Bergman, accepting AV Project 2008-09, Water Treatment Plant AMAG Card Access Control Expansion, as final and authorizing final payment on the contract with Trans-Alarm, Inc., in the amount of $17,987 42 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving the Construction and Maintenance Agreement with EverCare Senior Living, LLC, for Centennial Homes Infiltration Basin on Lot 1, Block 1, Evergreens Addition (14615-25 Pennock Avenue), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 4 MOTION of LaComb, seconded by Bergman, setting a special informal City Council meeting, at 10.00 a.m., on March 6, 2009, at the Levee Cafe, 100 Sibley Street, Hastings, MN, for the purpose of discussing goals with City staff. Ayes - 5 -Nays -0 MOTION of LaComb, seconded by Bergman, approving the temporary assignment and hiring the seasonal employees listed in the Personnel Report dated February 26, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, setting a special informal City Council meeting, at 3.00 p.m., on March 9, 2009, at the Municipal Center, for the purpose of interviewing Finance Director finalists. Ayes - 5 -Nays END OF CONSENT AGENDA SENIOR CENTER MASONRY/CAST STONE CHANGE ORDER Councilmember Bergman questioned the change order for the masonry/cast stone project at the Senior Center Mr Johnson said the change order is a result of a couple of events. First, the inclement weather came early this winter; and second, the grading contractor had difficulty obtaining insurance. Because of the grading contractor's problem getting insurance, he was not able to start work on schedule, and the grading was delayed approximately three weeks. As a result, the masonry contractor started three weeks later than originally anticipated. Since the weather had already begun to turn cold, the masonry contractor was forced to complete the project under temporary heated plastic structures. Mayor Hamann-Roland asked if the project is still under budget. Mr Johnson affirmed. Councilmember Bergman asked if the City could seek damages from the grading contractor who delayed the project. City Attorney Hills said they are currently looking into the City's options to recover the costs for this delay Councilmember Grendahl asked if the City would have to hire the grading contractor for a future project if they submitted the lowest bid. CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 5 Mr Johnson responded that bids maybe disqualified for legitimate reasons. He added that the City would keep this in mind if rt had a similar project m the future Councilmember Grendahl asked for confirmation that the change order was not a result of the masonry contractor underbidding the project or in any way his fault. Mr Johnson said that is correct. Councilmember Grendahl strongly suggested the City seek damages for the delay MOTION of Bergman, seconded by Goodwin, approving Change Order No 3 to the contract with Axel H. Ohman, Inc., for Semor Center Contract #0420 -Masonry/Cast Stone, in the amount of an additional $29,299 00 Ayes - 5 -Nays - 0 FIREFIGHTER MEMORIAL DONATION Fire Chief Thompson said the Apple Valley Firefighters Relief Association is proud to be able to donate to the City the Firefighters Tribute and Memorial located in Lebanon Cemetery The memorial includes a marble firefighter statue, four marble tablets, and a walkway of engraved brick pavers. The brick pavers are available for public purchase and help fund the cost of the memorial. He further said the Firefighters Relief Association will continue to sell and install brick pavers as well as be responsible for the engraving of firefighters' names on the tablets and the maintenance of the landscaping around the memorial. The memorial meets the Lebanon Cemetery of Apple Valley Feature Area Policy and Guidelines. MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-27 accepting, with thanks, the donation of the Firefighters Tribute and Memorial at Lebanon Cemetery from the Apple Valley Firefighters Relief Association. Ayes - 5 -Nays -0 FISCHER SAND & AGGREGATE REQUEST FOR EXTENDED HAULING HOURS Mr Lovelace reviewed his memo dated February 23, 2009, regarding the request by Fischer Sand & Aggregate, LLP, for extended hauling hours for the upcoming construction season. Both the County Road 62/I-35W interchange reconstruction project and the Minneapolis-St. Paul International Airport runway construction project require hauling during off-peak times. The request for extended hours for the pit located on the east side of Pilot Knob Road and south of County Road 42 is from 6.00 p.m. to 5.00 a.m., Monday through Saturday Mr Lovelace reviewed the proposed truck route which would involve entering and exiting the east pit off of Pilot Knob Road from the access one-quarter mile south of County Road 42. He then summarized the traffic consultant's comments regarding the proposed route The traffic consultant said a street light at the prt entrance off of Pilot Knob Road could be added for CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 6 additional visibility; however, lack of a street light would not have an adverse impact. Staff has checked with Dakota Electric Association and learned there is not a secondary line available at that location to accommodate a street light. Staff still proposes the trucks use the Pilot Knob Road access for entering and exiting the east pit during the evening hours. Fischer is also requesting extended hours for their main pit located south of County Road 42 and Johnny Cake Ridge Road. If they get the bid for the airport project, it will require nighttime hauling 24 hours a day, 7 days a week, beginning in August. Hauling into their main pit will include the time period from 6.00 p.m. on Saturday to 5 00 a.m. on Monday Mr John Ericson, of Fischer Sand & Aggregate, stated they could install a street light with a portable generator at the access off of Pilot Knob Road. Mayor Hamann-Roland asked that the street light is downcast so as not to negatively impact neighboring properties. Councilmember Bergman believes the proposed truck route into the eastern pit will be an improvement for the residents. Since the route has changed, he recommended truck hauling signage in that area on both the north and south sides of Pilot Knob Road. Councilmember Bergman then asked if it would be possible to require side-dumping trucks for the east pit. Mr Ericson said he is unsure what equipment the contractor will be using, but he believes the contractor has a fair amount ofbelly-dumping trucks. Typically, it is whatever trucks they can get. Mayor Hamann-Roland said the Council wants to be sure the noise is hmrted m the eastern pit. Mr Ericson said he agreed, but he could not guarantee there would not be belly-dumping trucks. Councilmember Bergman asked if it was possible to require side-dump trucks as a prerequisite before bidding the project. Mr Ericson said he is in contact with the contractor on almost a daily basis and he is willing to do anything he can to ensure things go smoothly Mayor Hamann-Roland asked Mr Ericson to remind the truck drivers to stay m the right lane until they get moving. MOTION of Goodwin, seconded by LaComb, approving Resolution No. 2009-28 approving extended hauling hours for Fischer Sand & Aggregate, LLP, for 2009, amending the annual excavating permit, and attaching conditions thereto Ayes - 5 -Nays - 0 ' CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 7 REAPPOINT COMMISSION & COMMITTEE MEMBERS The City Clerk reviewed her memo dated February 23, 2009, regarding Commission and Committee Members with terms expiring March 1, 2009 All members are interested in serving an additional term. MOTION of Goodwin, seconded by Grendahl, adopting Resolution No. 2009-29 reappointing David Kemp and Gary Wagner to the Cemetery Advisory Committee for a term expiring March 1, 2012. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-30 reappointing all members to the Parks and Recreation Advisory Committee for a term expiring March 1, 2011 Ayes - 5 -Nays - 0 MOTION of Grendahl, by Bergman, adopting Resolution No. 2009-31 reappointing Ken Alwin and Thomas O Melander to the Planning Commission for a term expiring March 1, 2012 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-32 reappointing all members to the Telecommunications Advisory Committee for a term expiring March 1, 2011 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Grendahl, adopting Resolution No. 2009-33 reappointing Harald Eriksen and Arthur Zimmerman to the Traffic Safety Advisory Committee for a term expiring March 1, 2012 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-34 reappointing all members to the Urban Affairs Advisory Committee for a term expiring March 1, 2011 Ayes - 5 -Nays - 0 The Council congratulated the reappointees and extended thanks to all Commissioners and Committee Members for their invaluable services. REFUSE HAULING ON-LINE SURVEY Mr Nordquist said per the Council's request, an on-line survey regarding refuse hauling has been posted on the City's websrte. Residents are encouraged to complete the short survey to provide their feedback on changes to the ordinance relative to refuse hauling. The survey will be available through March. Individuals without access to the Internet may contact the Community Development Department for a printed copy of the survey CITY OF APPLE VALLEY Dakota County, Minnesota February 26, 2009 Page 8 COUNCIL COMMUNICATIONS Mayor Hamann-Roland reminded residents the City is switching residential utility accounts to a quarterly billing cycle This is a green imhahve which will save taxpayer money However, residents may still make payments on a monthly basis if needed. Councilmember LaComb inquired as to the number of residents who have requested monthly utility billing. Mr Ballenger said they have not tallied the number, but there have not been many requests. Councilmember LaComb asked staff to keep the Council up to date on the number of requests. Councilmember Grendahl said the Minnesota Valley Transit Authority had another lively meeting last evening. The At-Large Representative is now seated for the three large cities. CALENDAR OF UPCOMING EVENTS MOTION of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated February 23, 2009, 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 February 18, 2009, in the amount of $631,818 O5, and February 25, 2009, in the amount of $9,297,574.32. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 8 48 o'clock p.m. Respectfully Submitted, Gl aCjZOt? Pamela J Gackstetter, City Clerk Approved by the Apple Valley City Council on 3' ~ 2-O~