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Home My WebLink About03/12/2009 CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 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 Dougherty, City Engineer Manson, Finance Director Ballenger, Public Works Director Blomstrom, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, 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 Grendahl, seconded by Bergman, removing item 4.F -Authorize Funding to Dakota Future for Dakota County Intelligent Community Assessment from the consent agenda, adding item 5 C -Set Special Informal Meeting on March 19, 2009, at 5.00 p.m., to the regular 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 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 Goodwin, seconded by Bergman, approving all items on the consent agenda as amended. Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS MOTION of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of February 26, 2009, as written. Ayes - 5 -Nays - 0 ` CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2009 Page 2 MOTION of Goodwin, seconded by Bergman, adopting Resolution No. 2009-35 accepting, with thanks, the donation of a $1,500 00 from Auto Club Insurance Association (AAA), for use by the Apple Valley Traffic Safety Advisory Committee's and Police Department's public educational efforts. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, adopting Resolution No. 2009-36 accepting, with thanks, the donation of a $1,100 00 from Sam's Club Foundation, for use by the Fire Department. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, authorizing application to OSHA for matching Safety Hazard Abatement Grant in the amount of $19,588 61 as submitted by the Utilities Division and attached to the Public Works Superintendent's memo dated March 12, 2009 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, approving the Subrecipient Grant Agreement with Dakota County Community Development Agency (CDA) for Cobblestone Lake Senior Apartment, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, approving the Agreement for professional planning services to complete Phase II of the 2030 Comprehensive Plan Update with Hoisington Koegler Group, Inc., in the amount of $12,580 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, approving Change Order No 4 to the contract with Northfield Construction Company, for Senior Center Project #0610/1230 - Rough/Finish Carpentry/Premanufactured Casework, in the amount of an additional $1,322.00 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, approving Change Order No 4 to the contract with Manor Electric, for Senior Center Project #2602 - Electrical/Fire Alarms, in the amount of an additional $4,235 00 Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Bergman, approving hiring the seasonal employees listed in the Personnel Report and Addendum dated March 12, 2009 Ayes - 4 - Nays - 0 -Abstain - 1 (Hamann-Roland) END OF CONSENT AGENDA ' CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2009 Page 3 APPLE VALLEY GOLF COURSE ON-SALE 3.2 PERCENT MALT LIQUOR LICENSE Ms. Gackstetter reviewed her memo regarding the renewal of an On-Sale 3.2 Percent Malt Liquor License for Joel Watrud d/b/a Apple Valley Golf Course, located at 8661 140th Street W Necessary checks of police and tax records were conducted and indicate nothing which would preclude renewing the license. Mayor Hamann-Roland called the public hearing to order at 8 04 p.m. to consider renewal of the On-Sale 3.2 Percent Malt Liquor License for Joel Watrud d/b/a Apple Valley Golf Course for 2009, and noted receipt of the affidavit of publication of the hearing notice The Mayor asked for questions or comments from the Council and the audience There were none and the hearing was declared closed at 8 OS p.m. MOTION of Goodwin, seconded by Grendahl, approving renewal and issuance of an On- Sale 3.2 Percent Malt Liquor License for Joel Watrud d/b/a Apple Valley Golf Course, located at 8661 140th Street W ,for 2009 Ayes - 5 -Nays - 0 URBAN AFFAIRS ADVISORY VACANCY Ms. Gackstetter reviewed her memo dated March 9, 2009, listing applicants for the Urban Affairs Advisory Committee vacancy The Mayor called for nominations for the vacancy Councilmember LaComb nominated Chris Bedor, Dave Brueshoff, Christopher Elvrum, Edwin Holmes, Jim Lombardi, Walton Mahlum, and Kay Provo There being no further nominations, the Mayor declared the nominations closed. MOTION of LaComb, seconded by Grendahl, accepting the seven nominations for the Urban Affairs Advisory Committee. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by LaComb, amending the previously adopted appointment process to reduce the number of candidates by selecting three fewer candidates than total names appearing on the ballot for the first round of voting. Ayes - 5 - Nays - 0 The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names from the seven nominees. After selections were made, they were tallied and the City Attorney announced that three names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that two names remained. ' CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2009 Page 4 The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Edwin Holmes received the ma~orrty of votes. MOTION of LaComb, seconded by Grendahl, adopting Resolution No. 2009-37 appointing Edwin Holmes to the Urban Affairs Advisory Committee for a term expiring March 1, 20011 Ayes - 5 -Nays - 0 Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. SET SPECIAL MEETING MOTION of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 5.00 p.m., on March 19, 2009, at the Municipal Center, for the purpose of interviewing Finance Director candidates. Ayes - 5 -Nays - 0 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 March 9, 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 Grendahl, seconded by Goodwin, to pay the claims and bills, check registers dated March 5, 2009, m the amount of $1,057,759 71, and March 12, 2009, m the amount of $13,736,644 61 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 -Nays - 0 CLOSE MEETING -ATTORNEY-CLIENT PRIVILEGE Mr Dougherty asked the City Council to convene m a closed session, under the provisions of M.S 471 705, to discuss litigation involving Dakota County regarding Cedar Avenue and Jorge Allen, et al, regarding ponding. MOTION of Grendahl, seconded by LaComb, to close the regular meeting and convene in closed session to discuss with the City Attorney litigation involving Dakota County regarding Cedar Avenue and Jorge Allen, et al, regarding ponding. Ayes - 5-Nays-0 CITY OF APPLE VALLEY Dakota County, Minnesota March 12, 2009 Page 5 The meeting was closed at 8.21 p.m. and the Mayor and all Councilmembers convened in the Regent Conference Room, at 8.29 p.m., along with City Attorney Dougherty, Mr Clifford Greene of Greene Espel, City Administrator Lawell, City Clerk Gackstetter, and Public Works Director Blomstrom. 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. Discussion followed regarding the litigation involving Jorge Allen, et al, relative to pondmg. Mr Green left the meeting and Community Development Director Nordquist joined the meeting at 9 17 p.m. Discussion followed regarding the litigation involving Dakota County relative to Cedar Avenue. The Council reconvened in open session at 9.31 p.m. MOTION of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 8 32 o'clock p.m. Respectfully Submitted, P G Pamela J Gac stetter, City Clerk Approved by the Apple Valley City Council on 3' 2(~- 0 ~1