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HomeMy WebLinkAbout12/27/2007 CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 27, 2007, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Erickson. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, Assistant City Engineer Bennett, Assistant Finance Director Broughten, Assistant City Administrator Grawe, Human Resources Representative Haas, Parks and Recreation Director Johnson, Police Chief Johnson, Public Works Superintendent Blommel Johnson, Community Development Director Nordquist, Human Resources Manager Strauss, and Deputy 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 Grendahl, seconded by Bergman, moving items 4.I, 4.J, 4.K, 4.L, and 4.P to the regular agenda, removing item 5.A, and approving the agenda for tonight’s meeting, as amended. 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. 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 Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting of December 13, 2007, as written. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 2 Resolution No. 2007-249 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of exercise equipment, valued at $90.00, from Kay Bergman, 14691 Guthrie Avenue, for use in the A.C.T. Center. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a change in manager for The Noodle Shop Co.-Colorado, Inc., d/b/a Noodles & Company, in connection with the On-Sale 3.2 Malt Liquor and Wine Licenses at 14879 Florence Trail, naming Elizabeth Winter as General Manager, as described in the City Clerk’s memo dated December 21, 2007. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a change in manager for RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday, in connection with the On-Sale and Sunday Liquor Licenses at 14883 Florence Trail, naming Jason Loop as General Manager, as described in the City Clerk’s memo dated December 21, 2007. Ayes - 4 - Nays - 0. Resolution No. 2007-250 MOTION: of Grendahl, seconded by Goodwin, 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 February 9, 2008, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. Resolution No. 2007-251 MOTION: of Grendahl, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture 1457, for use on March 17, 2008, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. Resolution No. 2007-252 MOTION: of Grendahl, seconded by Goodwin, adopting authorizing writing off $4,496.68 of insufficient fund checks and uncollectible debts against operations of affected funds for 2007. Ayes - 4 - Nays - 0. Resolution No. 2007-253 MOTION: of Grendahl, seconded by Goodwin, adopting approving the transfer of $400,000.00 from the Liquor Fund to the General Fund for 2007. Ayes - 4 - Nays - 0. Resolution No. 2007-254 MOTION: of Grendahl, seconded by Goodwin, adopting approving transfer of $349,255.00 from the Police Relief Fund to the General Fund for 2007. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Agreement with Apple Valley Chamber of Commerce to administer the Apple Valley Convention and Visitors Bureau through December 31, 2008, as attached to the Assistant City CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 3 Administrator’s memo dated December 27, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, appointing Jim Zinck as the City’s representative on the Apple Valley Convention and Visitors Bureau Board. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Apple Valley Convention and Visitors Bureau 2008 Budget, as attached to the Assistant City Administrator’s memo dated December 27, 2007. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Apple Valley Convention and Visitors Bureau 2008 Marketing Plan, as attached to the Assistant City Administrator’s memo dated December 27, 2007. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Lease Agreement with Bonestroo for office space at the Municipal Center and Central Maintenance Facility, through December 31, 2008, as attached to the Public Works Director’s memo dated December 27, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the Second Amendment to Declaration of Easements and Restrictive Covenants for Lot 1, Block 1, Southport 1st Addition and Lot 1, Block 1, Southport 3rd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving the contract with Dakota County for use of Sentenced to Service Program Work Crews for 2008, as attached to the Park Maintenance Superintendent’s memo dated December 27, 2007, and authorizing the Mayor and Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving an Agreement for 2007 Cured in Place Pipe Repairs to Sewer Lines with Infratech, Infrastructure Technologies, Inc., in the amount of $32,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving and ratifying an Agreement for Fire Alarm Monitoring Services with Simplex Grinnell, as attached to the Assistant City Administrator’s memo dated December 27, 2007, and authorizing the City Administrator to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving a Joint Powers Agreement for 2008-2009 Traffic Markings, Street Sweeping, Crack Sealing, Screening, and Seal Coating, as attached to the Public Works Streets Superintendent’s memo dated CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 4 December 27, 2007, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving receipt of requests for proposals for a fee study as described in the specifications attached to the Finance Director’s memo dated December 20, 2007. Ayes - 4 - Nays - 0. Resolution No. 2007-255 MOTION: of Grendahl, seconded by Goodwin, adopting approving specifications for Eleven (11) Mowers Through Lease Agreement, and authorizing advertising for receipt of bids, at 2:00 p.m., on January 17, 2008. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the agreement with Michael Tutewohl Homes, Inc., in the amount $1,635.45, for additional work; and accepting Remodel of House at 7990 132nd Court as final and authorizing final payment in the amount of $20,071.45. Ayes - 4- Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving hiring the full time and seasonal employees as listed in the Personnel Report dated December 27, 2007. Ayes - 4 - Nays - 0. Resolution No. 2007-256 MOTION: of Grendahl, seconded by Goodwin, adopting approving and implementing the 2008 Employee Pay and Benefit Plan. Ayes - 4 - Nays - 0. Resolution No. 2007-257 MOTION: of Grendahl, seconded by Goodwin, adopting approving including the position of Fire Inspector in the Public Employees Retirement Association (PERA) Police and Fire Plan. Ayes - 4 - Nays - 0. Resolution No. 2007-258 MOTION: of Grendahl, seconded by Goodwin, adopting amending the Retirement Enhancement and Benefit Alternatives (REBA) Voluntary Employees’ Beneficiary Association (VEBA) Basic Plan Adoption Agreement, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, changing the start time for the informal Council meeting of January 10, 2008, to 6:00 p.m. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, setting a special informal City Council meeting, at 6:00 p.m., on January 24, 2008, at the Municipal Center. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA PROFESSIONAL SERVICE CONTRACTS CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 5 Councilmember Grendahl said she supports all of the items, but would like to have future discussion on the City’s policy regarding the schedule for soliciting requests for proposals (RFPs) for services. She questioned how many years the City has contracted with Kern, DeWenter, Viere, Ltd., for auditing services. Mr. Lawell answered since 1994. Councilmember Grendahl stated the agencies with whom she is associated normally seek RFPs for services every three to five years. She thought it might be helpful to have a fresh set of eyes looking at the City’s books. She noted the City Attorney is on retainer for criminal prosecution. She asked the amount of time spent on criminal prosecution and if the City recoups any of the costs. City Attorney Hills responded that the criminal prosecution retainer includes legal services for all tickets issued by Apple Valley as well as for complaints received. Types of tickets include traffic, domestic abuse, DUIs, petty misdemeanor, misdemeanor, and gross misdemeanor. The City Attorney handles each case from the arraignment through the jury trial. City Attorney Hills said she was not able to provide the number of cases off the top of her head but that the attorneys are at court every Monday and Tuesday for prosecution and every Friday for arraignments and pretrials. Councilmember Grendahl asked if the City recoups any fines. Mayor Hamann-Roland stated the costs are greater than the amounts received. City Attorney Hills said traffic tickets are reimbursed according to a schedule set by the State. She thought it was approximately one-third of the fine. She added that the City receives the majority of the money received from tickets involving ordinance violations. Mayor Hamann-Roland asked Police Chief Johnson to put together a short presentation showing how the money from fines is distributed. Councilmember Grendahl questioned if engineering fees would be listed under consultant services. Councilmember Goodwin said the Finance Department can provide a report detailing payments to any vendor. Mr. Lawell said engineering fees are listed under various funds in the budget document, such as General Fund, Utility Fund, etc. The amounts under each fund would need to be added together to come up with the total budgeted for engineering services. CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 6 Councilmember Grendahl commented about Short Elliott Hendrickson’s rates for General Clerical and Word Processor. She said the City should go out for RFPs to ensure it is getting the best deal possible for the taxpayers. Mayor Hamann-Roland said the current businesses provide excellent services for the City, but agreed it would be prudent to validate that they are also the best value. Councilmember Goodwin said he would be very interested to see a presentation on how fines are distributed. The City does the enforcing, but the vast majority of the money goes to the County and the State. Councilmember Bergman said the Council has discussed fund balances in the past. Perhaps the State Auditor should look at the City’s books. Councilmember Goodwin said he has no problem with that if that is what the Council would like to do. However, the State Auditor is by far the most expensive. In addition, the audit can be open ended. The State Auditor is not done until they choose to be done. Councilmember Grendahl suggested the distribution of fines be considered as one of the City’s legislative initiatives. Considering the current auditor recommends the same percentages for fund balances, she does not think it would accomplish anything to have the State Auditor conduct the City’s audit. MOTION: of Grendahl, seconded by Goodwin, appointing Kern, DeWenter, Viere, Ltd., as auditors for the year 2007, at a cost of $41,500.00, and authorizing the Mayor and City Clerk to execute the Letter of Understanding. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving revised City Attorney’s fees from Severson, Sheldon, Dougherty & Molenda, P.A., for 2008 legal services, as attached to the Assistant City Administrator’s memo dated December 27, 2007. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving revised engineering fees from Short Elliott Hendrickson, Inc., for 2008 engineering services, as attached to the Public Works Director’s memo dated December 27, 2007. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, approving revised City Engineer’s fees from Bonestroo, for 2008 engineering services, as attached to the Public Works Director’s memo dated December 27, 2007. Ayes - 4 - Nays - 0. PARK BOND REFERENDUM PROFESSIONAL SERVICE CONTRACTS Mayor Hamann-Roland commented on the language in the professional service contracts for various park bond referendum projects. CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 7 Mr. Johnson stated the City Attorney is currently reviewing the contracts, and there will be minor changes to them to ensure the City is protected. He then explained why each of the firms was chosen. Although the City did not solicit RFPs for these projects, the City has selected each firm through an RFP process in the past. Mayor Hamann-Roland asked if an RFP is required. Mr. Johnson responded that an RFP is not required for professional service contracts. He added that the timing is also important. If plans and specifications can be prepared now, the jobs will be bid in spring, which should result in lower costs to the City. Councilmember Bergman said he understands the timing issue associated with these projects, but encouraged use of RFPs for future projects to ensure the City is getting the best value. MOTION: of Hamann-Roland, seconded by Goodwin, approving an Agreement for engineering and architectural services with Bonestroo for the Family Aquatic Center, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Hamann-Roland, seconded by Goodwin, approving an Agreement for engineering and architectural services with Anderson-Johnson Associates, Inc., for Quarry Point Athletic Complex, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Hamann-Roland, seconded by Goodwin, approving an Agreement for engineering and architectural services with CNH Architects, Inc., for the Senior Center, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Hamann-Roland, seconded by Goodwin, approving an Agreement for construction management services with Bossardt Corporation for the Senior Center, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. PERSONNEL ORDINANCE Ms. Strauss gave the first reading of an ordinance amending Chapter 34 of the City Code regulating Personnel. She stated the changes can be summarized into three areas: removing obsolete language, clarifying applicable employee groups covered by the language, and adding CITY OF APPLE VALLEY Dakota County, Minnesota December 27, 2007 Page 8 language for consistency within other employee groups. She requested waiving the procedure for a second reading of the ordinance. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading Ordinance No. 828 and passing amending Chapter 34 of the City Code regulating Personnel. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATIONS The Council thanked the Police Dispatchers for their years of service to Apple Valley and wished them well as they transition into the Dakota Communications Center. They further thanked the maintenance crews for their efforts in clearing the roads, sidewalks, and parking lots of snow and ice during the recent snow falls, and for going the extra mile in providing excellent service to the citizens of Apple Valley. Mayor Hamann-Roland wished everyone a safe and happy New Year. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated December 21, 2007, 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 December 19, 2007, in the amount of $1,027,929.94; and December 26, 2007, in the amount of $432,798.02. Ayes - 4 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:29 o’clock a.m.