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HomeMy WebLinkAbout03/26/2009 CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 26th, 2009, at 8 00 o'clock p.m., at Apple Valley Municipal Center PRESENT Mayor Hamann-Roland, Councilmembers Bergman, Goodwin, and Grendahl. ABSENT Councilmember LaComb City staff members present were City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Bennett, Finance Director Ballenger, Public Works Director Blomstrom, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, City 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 m the Pledge of Allegiance led by Boy Scout Mitchell Walstad from Troop 205 APPROVAL OF AGENDA MOTION of Grendahl, seconded by Goodwin, moving item 4.H -Approve Lease Agreement with Metropolitan Airports Commission for Palomino Lattice Tower Antenna to the regular agenda, 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. Former Mayor Mike Garrison thanked Finance Director George Ballenger for his dedicated service to the Crty of Apple Valley and congratulated him on his retirement. 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 Bergman, seconded by Grendahl, approving all items on the consent agenda as amended. Ayes - 4 -Nays - 0 CONSENT AGENDA ITEMS MOTION of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of March 12, 2009, as written. Ayes - 4 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 2 MOTION of Bergman, seconded by Grendahl, adopting Resolution No. 2009-38 accepting, with thanks, the donation of $100 00 from Residential Mortgage Corporation for use by the Police Department. Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, adopting Resolution No. 2009-39 accepting, with thanks, the donation of a 1992 Mitsubishi Expo, valued at $1,000 00, from Teri Bowar, 14462 Garrett Avenue, for use by the Fire Department in training. Ayes-4-Nays-0 MOTION of Bergman, seconded by Grendahl, adopting Resolution No. 2009-40 accepting, with thanks, the donation of a 1992 Toyota Corolla, valued at $1,000 00, from Brian Benson, 68 County Road 42, for use by the Fire Department in training. Ayes-4-Nays-0 MOTION of Bergman, seconded by Grendahl, approving the Criminal Justice Data Communications Network Joint Powers Agreement with the State of Minnesota, acting through the Commissioner of Public Safety, Bureau of Criminal Apprehension, as attached to the Police Captain's memo dated March 10, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, declaring fourteen sets of road spikes as surplus and authorizing of their disposal, as described in the Police Chief's memo dated March 23, 2009 Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving release of financial guarantee for Cobblestone Lake Commercial as listed m the Community Development Department Assistant's memo dated March 26, 2009 Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving a sign variance for additional ground sign at the Marathon store on Lot 1, Block 1, East Valley Plaza 4th Addition (14050 Pilot Knob Road, Suite 172), as recommended by the Planning Commission. Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving the Access Agreement and Right of First Refusal for the Police firearms training facility with the City of Eagan, as attached to the Police Chief's and Public Works Director's memo dated March 18, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 4 -Nays -0 MOTION of Bergman, seconded by Grendahl, approving the First Amendment of Development Agreement with Ryan Companies US, Inc ,for Cobblestone Lake Commercial, as attached to the Assistant City Engineer's memo dated March 20, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays -0 CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 3 MOTION of Bergman, seconded by Grendahl, adopting Resolution No. 2009-41 approving plans and specifications for AV Project 2009-105, 2009 Miscellaneous Utility Improvements, and authorizing advertising for receipt of bids, at 10.00 a.m., on May 7, 2009 Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving the Agreement for Redwood Park Court Resurfacing, with C & H Sport Surfaces, Inc , in the amount of $6,990 00, and authorizing the Mayor and City Clerk to sign the same Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving the Agreement for 2009 Outdoor Pool Water Management, with Hawkins, Inc , m the amount of $72,952.50, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving the Agreement for Redwood Park Tennis Court Fence, with Midwest Fence and Manufacturing Company, m the amount of $17,985 00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving the Agreement for AV Project 2009-114, Water Treatment Plant Roof Replacement, with Walker Roofing Company, Inc., in the amount of $62,000 00, and authorizing the Mayor and City Clerk to sign the same Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving Change Order No 1 to the contract with Tight Rope, Inc., for AV Project 2008-103, Palomino Lattice Tower Rehabilitation, changing the completion date to May 31, 2009, and no change to the contract amount. Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving Change Order No 2 to the contract with C M. Construction, for Project 08-383, Aquatic Center Expansion, with a deduction of $10,630 50 Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, approving Change Order No 1 to the contract with Frank J Zamboni & Co ,Inc ,removing the requirement for Payment and Performance Bonds, and accepting Battery Powered Self-Propelled Ice Resurfacing Machine as final and authorizing final payment in the amount of $79,745 00 Ayes - 4 -Nays - 0 MOTION of Bergman, seconded by Grendahl, accepting Point of Sale System for Liquor Store No 3 as final and authorizing final payment on the agreement with Total Register Systems, in the amount of $16,166 04 Ayes - 4 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 4 MOTION of Bergman, seconded by Grendahl, denying the special permit for exemption from seasonal load restrictions as requested by Western Roofing Supply Ayes - 4 -Nays-0 MOTION of Bergman, seconded by Grendahl, approving hiring the seasonal employees listed in the Personnel Report and Addendum dated March 26, 2009 Ayes - 4 - Nays - 0 MOTION of Bergman, seconded by Grendahl, changing the start time for the remaining 2009 Informal City Council Meetings to 6.00 p.m. Ayes - 4 -Nays - 0 END OF CONSENT AGENDA METROPOLITAN AIRPORTS COMMISSION (MAC) ANTENNA AGREEMENT Mr Chad Legve of the Metropolitan Airports Commission (MAC) explained the purpose of placing an antenna on the Palomino Lattice Tower and its benefits to the City from an airport noise standpoint. He stated the current data system for collecting flight track data and monitoring noise has been m place since 1992. The system is central to assessing noise impacts around the airport by quantifying and validating noise concerns raised by residents. However,~data is received from the Federal Aviation Administration (FAA) 5 to 7 days after it occurs. The new flight track data acquisition system will allow the information on the websrte to be updated ten minutes after it is received. The antenna on the Palomino Lattice Tower will be one of eight sensors needed for the new data system. He then updated the Council on an initiative the Noise Oversight Committee (NOC) is working on. It involves a newer navigation technology onboard aircrafts which allows for more precisely focused aircraft departures. The goal is to fly over uninhabited areas and avoid densely developed residential areas. NOC is currently working with regional partners to test a departure procedure to fly over the Minnesota River Valley Preliminary test results were positive and flight patterns were significantly more precise. A 24-hour test will be conducted April 14 If the results are positive, a 30-day test will be conducted. Following which time, the results will be forwarded to the FAA for their review and approval for apublic-use procedure. Mayor Hamann-Roland said that if the procedure is approved it will be very good news for Apple Valley Mr Legve then gave an update on the runway construction project scheduled for August. The north side of the runway will be closed for two months while it is being reconstructed. The reconstruction will shift flight operations, resulting in a few more flights over Apple Valley However, changes will not be as dramatic for Apple Valley as rt will be for some other communities. Mr Legve offered to come back to update the Council on the reconstruction once more details are available. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 5 MOTION of Bergman, seconded by Goodwin, approving the Lease Agreement with Metropolitan Airports Commission, for Palomino Lattice Tower Antenna, as attached to the Public Works Superintendent's memo dated March 26, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0 GEORGE BALLENGER RETIREMENT RECOGNITION The Council wished Mr Ballenger a happy and well-deserved retirement and thanked him for his sound fiscal policy and financial guidance as Finance Director, noting the City has received six bond rating increases during his tenure. Mr Lawell thanked Finance Director George Ballenger for over 29 years of service to the City of Apple Valley He then presented him with a marble apple in recognition of his retirement from the City Mayor Hamann-Roland and former Mayor Mike Garrison presented Mr Ballenger with the Key to the City m recognition and honor of his distinguished service to the City of Apple Valley Mr Ballenger thanked the Council and staff for their support and said he will miss everyone. COBBLESTONE LAKE SOUTH SHORE 4TH ADDITION Mr Lovelace reviewed an ordinance amendment creating uses, area requirements, and performance standards for PD-703, Zone 6, and the request for approval of a Planned Development Agreement and an Infiltration Basin Construction and Maintenance Agreement for Cobblestone Lake South Shore 4th Addition, also referred to as the Cobblestone Lake Community Development Agency (CDA) senior apartment site He added that the ordinance amendments will pertain to both the CDA's 60-unit senior apartments, located on the southwest corner of 157th Street W and Cobblestone Lake Parkway South, and the Oxford Funds' 214- umit continuum of care facility, located on the southeast corner of 157th Court W and Cobblestone lake Parkway South. MOTION of Goodwin, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 855 amending PD-703, creating uses, area requirements, and performance standards for Zone 6 Ayes - 4 -Nays - 0 MOTION of Grendahl, seconded by Bergman, approving the Planned Development Agreement with the Dakota County Community Development Agency and South Shore Development, Inc ,for Cobblestone Lake South Shore 4th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0 MOTION of Grendahl, seconded by Goodwin, approving the Infiltration Basin Construction and Maintenance Agreement with Dakota County Community Development Agency and South Shore Development, Inc., for Cobblestone Lake South Shore CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 6 4th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4-Nays-0 APPLE VALLEY EAST FAMILY TOWNHOMES Mr Lovelace reviewed the draft ordinance amending Appendix F of the City Code by adding Article A33 establishing a new Planned Development Zoning District and the request for approval of the Planned Development Agreement. Both the ordinance and agreement pertain to the Dakota County Community Development Agency's (CDA) recently approved 45-unit townhouse development, located on a 4 8-acre lot on the northeast corner of 155th Street W and future Embry Path. MOTION of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 856 amending Appendix F of the City Code by adding Article A33 establishing new Planned Development Designation No 855 creating uses, area requirements, and performance standards for uses in Zone 1 Ayes-4-Nays-0 MOTION of Bergman, seconded by Goodwin, approving the Planned Development Agreement with the Dakota County Community Development Agency and South Shore Development, Inc., for Apple Valley East Family Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0 ORDINANCE AMENDING ZONING CHAPTER Mr Lovelace reviewed the ordinance amending Section 155 003 of the City Code adding definitions to the zoning regulations. The amendment includes defining the continuum of care retirement community and three components that may be included in that retirement community MOTION of Grendahl, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 857 amending Chapter 155 of the City Code by adding definitions to Section 155 003 of the zoning regulations. Ayes - 4 -Nays - 0 PARKS AND RECREATION ADVISORY COMMITTEE MEMBER RESIGNATION Mr Johnson reviewed his memo, dated March 20, 2009, regarding the resignation of Parks and Recreation Advisory Committee Youth Representative Chris Steadman, creating a vacancy on the Committee with a term expiring March 1, 2011 He recommended the Council extend an invitation to high school through college aged individuals interested in serving on the Parks and Recreation Advisory Committee to submit an application to him by Apri130, 2009 MOTION of Grendahl, seconded by Goodwin, accepting the resignation of Parks and Recreation Advisory Committee Youth Representative Chris Steadman and CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 7 thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the vacancy and inviting youth interested in serving on the Committee to submit an application to the Parks and Recreation Director by Apri130, 2009 Ayes-4-Nays-0 STAFF COMMUNICATIONS Mr Lawell said the City received an announcement today from the League of Minnesota Cities that there will be energy efficiency block grant funds coming through the federal stimulus package Staff has more to learn about rt and the application process, but Apple Valley is one of 23 cities in Minnesota that will receive a block grant for energy efficiency upgrades in the City Apple Valley's share of the grant is $441,000 COUNCIL COMMUNICATIONS Councilmember Goodwin stated the Chair of the Parks and Recreation Advisory Committee sent an email requesting the matter of naming the new senior center building be sent back to their Committee Councilmember Goodwin said he would like the matter referred back to the Parks and Recreation Advisory Committee because the seniors were not aware that the Committee met on March 17, 2009, to discuss the name of the building. It is his understanding the seniors wanted to be present during the discussion. Councilmember Grendahl said Councilmember LaComb, Mr Johnson, and she met with the President of the seniors group She thought they were going to come up with three options from which the Council could choose She asked Mr Johnson if something had changed. Mr Johnson said seniors President Carol Geiger did not attend the recent Parks and Recreation Advisory Committee meeting because she was not aware she needed to be there He had informed the Committee of Council's direction to come up with three names for the building, so they went ahead with that. Recently, the Chair of the Committee indicated he would like to hold a special meeting to revisit the matter Councilmember Grendahl noted the seniors did not know that the naming of the building was on the agenda and the Alimagnet group indicated it did not know an amendment to the ordinance relative to alcohol in the park was on the agenda. She asked what improvements can be made to help various groups know what is on the Parks and Recreation Advisory Committee's agenda so they can be present. Mr Johnson reviewed how and where agendas are posted and distributed. Councilmember Bergman concurred with Councilmember Goodwin's recommendation to refer the matter back to the Parks and Recreation Advisory Committee. . CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 8 Councilmember Goodwin questioned when the Council asked the Seniors to come up with three names for the building. Councilmember Grendahl explained that at the goal setting session Councilmember LaComb and she were asked to meet with representatives from the seniors group It was during that meeting the seniors were asked to come up with three names for the building. Councilmember Goodwin suggested future communications with interested groups be sent m writing. Councilmember Grendahl noted the Parks and Recreation Advisory Committee meeting minutes from November were not yet posted on the City's website and requested minutes be posted more promptly CALENDAR OF UPCOMING EVENTS Mayor Hamann-Roland invited the public to the Home and Garden Expo on Apri14, 2009, from 9.00 a.m. to 3.00 p.m. at the Western Service Center and to the Apple Valley Transit Station groundbreaking ceremony on April 14, 2009, at 2.00 p.m. MOTION of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated March 23, 2009, 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 March 19, 2009, m the amount of $10,633,094.23, and March 26, 2009, in the amount of $8,130,524 52. Ayes - 4 -Nays - 0 Councilmember Grendahl asked Mayor Hamann-Roland to report on the meeting in St. Cloud. Mayor Hamann-Roland said she asked Vice President Biden a question regarding Cedar Avenue and commented on the regional significance of Cedar Avenue. She said the first phase of the Cedar Avenue project could employ approximately 2,100 construction workers and engineers. There was also the potential for 22 additional buses over the course of 10 years. The Secretary of Transportation responded that this was exactly the type of project the U S Department of Transportation is looking for and said the Mayor would receive a call the next day As promised, the Mayor received a call from the Deputy Director of Transportation who offered to help shepherd the project along. The City is currently putting the final touches on a grant application for this project. Mayor Hamann-Roland is hopeful the grant application will be successful in expanding the Cedar Avenue project. CITY OF APPLE VALLEY Dakota County, Minnesota March 26, 2009 Page 9 MOTION of Grendahl, seconded by Goodwin, to adjourn. Ayes - 4 -Nays - 0 The meeting was adjourned at 9.03 o'clock p.m. Respectfully Submitted, ~0..~- ~l aC.~iOt~L~J Pamela J Gackstetter, City Clerk Approved by the Apple Valley City Council on - ~ - 0 Q