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HomeMy WebLinkAbout11/14/2002CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2002 CLOSE MEETING, LABOR NEGOTIATIONS The City Council convened in the Regent Conference Room at the Municipal Center on November 14, 2002. Mayor Hamann-Roland and Councilmember Sterling were absent. Mr. Dougherty advised the City Council that it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss Police Sergeants LELS labor negotiations. MOTION: of Grendahl, seconded by Goodwin, to enter into a closed m eeting and convene in closed session to discuss LELS Local 243, Police Sergeants, labor negotiations. Ayes - 3 - Nays - 0. Councilmembers Erickson, Goodwin, and Grendahl convened in the Jonathan Conference Room, at 7:26 p.m., along with City Attorney Dougherty, Labor Consultant Frank Madden, Human Resources Manager Strauss, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson, and Police Captains Anglin and Lohse. The meeting was tape recorded as required by law. The Council reconvened in open session at 7:55 p.m. REGULAR OPEN MEETING Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14th, 2002, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Councilmembers Erick son, Goodwin, and Grendahl. ABSENT: Mayor Hamann-Roland and Councilmember Sterling. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Dougherty, City Engineer Fick, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Development Director Kelley, City Planner Lovelace, Human Resources Manager Strauss, and Fire Chief Wassmund. Acting Mayor Erickson called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag led by members of Boy Scout Troop 227. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Goodwin, approving the agenda for tonight’s meeting as presented. Ayes - 3 - Nays - 0. AUDIENCE Acting Mayor Erickson asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Joe Taylor, 385 Cimarron Road, read a letter regarding the Palomino East Apartments development. He cited irregularities in the City proceeding with CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2002 Page 2 improvements before the final plat has been recorded at Dakota County. He stated the City was not following the competitive bidding process, outlined in the League of Minnesota Cities Handbook, for the water main. Regardless of whether that process was required, he asked if the City was in conflict with its own resolution authorizing advertising for sealed bids on the project. Acting Mayor Erickson said the questions would be addressed when the items come up on the regular agenda. CONSENT AGENDA MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of October 24th, 2002, as written. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the special meeting of November 8th, 2002, as written. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, proclaiming November 21, 2002, as “Fee d America Thursday” encouraging citizens to give the value of two meals to a charity that provides food to people in need. Ayes - 3 - Nays - 0. Resolution No. 2002-204 MOTION: of Goodwin, seconded by Grendahl, adopting approving issuance of a Lawful Gambling Exempt Permit, by the Minnesota Gambling Control Division, to Apple Valley Sons of the American Legion, Squadron 1776, for an event on December 14, 2002, at 14521 Granada Drive; and waiving any waiting period for State approval. Ayes - 3 - Nays - 0. Resolution No. 2002-205 MOTION: of Goodwin, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 12, 2002, on the application of Pickled Parrot II, LLC, d/b/a Pickled Parrot, for a new license for on-sale and Sunday sales of intoxicating liquor at 14889 Florence Trail. Ayes - 3 - Nays - 0. Resolution No. 2002-206 MOTION: of Goodwin, seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on December 12, 2002, on applications for renewal of on-sale liquor, wine, and 3.2 percent malt liquor licenses for the year 2003. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2003 Joint Powers Agreement for the Dakota County Drug Task Force, as attached to the Police Chief’s memo CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2002 Page 3 dated November 7, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the U.S. Department of Justice COPS in Schools Grant Agreement for a Middle School Resource Officer, as attached to the Police Chief’s memo dated November 7, 2002, and authorizing execution of the necessary documents. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an Addendum to the Contract with NRG Processing Solutions, L.L.C., for Operation and Maintenance of a Yardwaste Facility, allowing it to continue accepting materials through December 31, 2003; as attached to the Community Development Director’s memo dated November 7, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. Resolution No. 2002-207 MOTION: of Goodwin, seconded by Grendahl, adopting approving submitting the 2003 Community Landfill Abatement Funding Application to Dakota County for funding in the amount of $32,003.00. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving an application to the Metropolitan Council’s Inclusionary Housing Service Availability Charge (SAC) Waiver Program for the proposed Lebanon Valley Apartments in The Legacy of Apple Valley, as attached to the Community Development Director’s memo dated November 8, 2002, and authorizing execution of the necessary documents. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving reduction of financial guarantees for Home Depot, from $721,000.00 to $47,500.00, and for Orchard Pointe, from $20,000.00 to $10,563.00. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 5 to the contract with Arkay Construction, Inc., for Fire Stations No. 2 & 3 Additions/Remodeling Project, in the amount of an additional $7,607.00. Ayes - 3 - Nays - 0. Resolution No. 2002-208 MOTION: of Goodwin, seconded by Grendahl, adopting establishing no parking restrictions on Empress and Eland Courts in Seasons on The Park subdivision. Ayes - 3 - Nays - 0. Resolution No. 2002-209 MOTION: of Goodwin, seconded by Grendahl, adopting establishing no parking restrictions on Glendale Court in Majestic Ridge subdivision. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2002 Page 4 Resolution No. 2002-210 MOTION: of Goodwin, seconded by Grendahl , adopting establishing no parking restrictions on 158th Street, Diamond Way, Drymeadow Lane, Drawstone Trail, and Cobblestone Lake Parkway in Cobblestone Lake Phases I and II subdivisions. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Updated Snow and Ice Control Policy and Procedures covering such operations in the City, as attached to the Public Works Director’s memo dated November 14, 2002. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grenda hl, approving a Request for Proposals for Financial Advisory Services, as attached to the Finance Director’s memo dated November 7, 2002, and authorizing soliciting such proposals for receipt on December 2, 2002. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving hiring Nicholas Larson for the full- time position of Police Community Service Officer, as listed in the Personnel Report dated November 14, 2002. Ayes - 3 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving hir ing the part-time and seasonal employees as listed in the Personnel Report dated November 14, 2002. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA PICKLED PARROT SITE PLAN AMENDMENT Mr. Lovelace reviewed his memo dated November 8, 2002, describing the request for an amendment to approved plans for the Pickled Parrot restaurant. The original plan called for vinyl clad decorative fencing around three areas of the building. They are now requesting use of wood material due to the inability to find suitable vinyl material. They will agree to paint the fence every year to make sure it is maintained. John White, of the Pickled Parrot, was present and commented on the materials and fence design. He said they have the wood fence at their Eden Prairie restaurant and it is holding up well. It is painted every year. MOTION: of Goodwin, seconded by Grendahl, approving a revised site plan for Pickled Parrot Restaurant, allowing the use of cedar wood fencing in place of vinyl material, on Lot 1, Block 1, Fischer Market Place 7th Addition; as described in the City Planner’s memo dated November 8, 2002; subject to an agreement providing for painting by a specified date each year. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2002 Page 5 PALOMINO EAST APARTMENTS WATER MAIN INSTALLATION Mr. Lawell addressed issues raised by Mr. Taylor at the beginning of the meeting related to the Palomino East Apartments project. The plat was approved on June 27, 2002, and is being checked by Dakota County for compliance with its requirements. The County will be asking for some technical changes and when the plat is brought back to the City, it will be signed and released. This is the point where the requirement to record the plat within 60 days of its release begins. The Settlement Agreement required the City to install and pay the cost of installing water main outside of the platted area. For that reason easements provided on the plat are not needed to proceed with the installation. Mr. Dougherty said the League of Minnesota Cities Handbook, that Mr. Taylor referred to, is a reference manual published periodically. The version he reviewed may not have been updated. State law was changed in 2001 to no longer required sealed bids on projects estimated at a cost of less than $50,000.00. Mr. Lawell said the question of whether the contract can be split in two parts to avoid competitive bidding is not an issue since the total of both contracts is $27,063.00. As far as not proceeding with the bid process, Staff continues to look at projects to find the most cost effective way to install them. That is why the contract, based on quotations, is before the Council. Councilmember Goodwin said this was a Court ordered agreement. The property was rezoned for townhomes, however the City was caught on a technicality and the apartment project prevailed. Staff worked extremely hard with the Council to proceed with the rezoning process. He took issue with Mr. Taylor’s statement questioning whom Staff works for. Acting Mayor Erickson asked the City Attorney to provide a written response as a follow-up to Mr. Taylor’s letter. Mr. Fick reviewed his memo describing the water main installation. After the water main portion of the project was ordered, they reviewed the work and discussed how to proceed. Because this is a very small project, being done late in the season, the City would probably not have gotten very good bids. Quotations were solicited and the combination of Schurcon, Inc., and McNamara Contracting totaled $27,063.00. Construction can begin November 20th and will take about two days. Pennock Avenue will be closed during the day and reopened at night. The concrete curb will be replaced next spring. Councilmember Grendahl asked what changed from October 10th, when bids were authorized, until this time? Mr. Fick said, initially, they did not think the improvements would have to be installed until spring. The developer will be proceeding with construction over the winter and the Fire Marshal requires that water be available to the site. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2002 Page 6 MOTION: of Goodwin, seconded by Erickson, approving contracting with Schurcon, Inc., and McNamara Contracting, Inc., in the total amount of $27,063.00, for water main installation on Pennock Avenue to the Palomino East Apartment site and roadway repair, as described in the City Engineer’s memo dated November 8, 2002, and authorizing the Mayor and City Clerk to sign the same. Ayes - 2 - Nays - 1 (Grendahl). COMMUNICATIONS & CALENDAR The Council received a memo dated November 8, 2002, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated October 30, 2002, in the amount of $1,541,007.47; November 7, 2002, in the amount of $6,918,472.48; and November 14, 2002, in the amount of $16,192,305.57. Ayes - 3 - Nays - 0. CLOSE MEETING ATTORNEY-CLIENT MATTER Mr. Dougherty asked the City Council convene in a closed session, under the provisions of M.S. 471.705, to discuss the status of the Gennadiy Balandin claim and the Brantjen property condemnation matter. MOTION: of Goodwin, seconded by Grendahl, to close the regular meeting and convene in closed session to discuss the claim of Gennadiy Balandin and Brantjen property condemnation with the City Attorney. Ayes - 3 - Nays - 0. The meeting was closed at 8:41 p.m. and Councilmembers Erickson, Goodwin, and Grendahl convened in the Regent Conference Room, at 8:47 p.m., along with City Attorney Dougherty, League of Minnesota Cities Insurance Trust (LMCIT) appointed Attorneys Joseph Flynn and Pete Regnier, LMCIT Claims Manager Douglas Gronli, City Administrator Lawell, City Clerk Mueller, Police Chief Johnson, and Police Captains Anglin (attended at 8:58 p.m.) and Lohse. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney-client privilege will be lost. Mr. Flynn, Mr. Regnier, and Mr. Gronli then discussed the Gennadiy Balandin matter with the Council until 9:25 p.m. After which time, Mr. Dougherty discussed the Brantjen condemnation matter. The Council reconvened in open session at 9:40 p.m. MOTION: of Goodwin, seconded by Grendahl, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 9:41 o’clock p.m.