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HomeMy WebLinkAbout04/09/2009 CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 9th, 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, Public Works Director Blomstrom, Acting Finance Director Broughten, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, 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 Scouts Kieran Erickson, Matthew Gordhamer, Mason Kellington, Carson, Scholberg, Steven Stotts, and Brigham Villanueva from Troops 205, 209, and 508 APPROVAL OF AGENDA MOTION of Bergman, seconded by Grendahl, moving consideration of item 4.F -Adopt Resolutions Setting Public Hearings at 8.00 p.m. on May 14, 2009, 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 in the audience wished to pull any item from the consent agenda. There were no requests. MOTION of LaComb, seconded by Bergman, 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 March 26, 2009, as written. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 2 MOTION of LaComb, seconded by Bergman, approving a change in manager for Wadsworth Old Chicago, Inc , d/b/a Old Chicago, in connection with the On-Sale and Sunday Liquor Licenses at 14998 Glazier Avenue, naming Luke Dunham as General Manager; as described in the City Clerk's memo dated April 6, 2009 Ayes-S-Nays-0 MOTION of LaComb, seconded by Bergman, declaring certain City property as surplus, authorizing disposal of unclaimed property and surplus City property by a public sale; and approving the Agreement with K-Bid Online Auction, to conduct an online auction of unclaimed and surplus property, as attached to the City Clerk's memo dated Apri16, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, proclaiming Apri124, 2009, as "Arbor Day" and May 2009, as "Arbor Month", and encouraging citizens to participate m tree planting programs. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving submittal of Community Partnership Grant application through CenterPoint Energy, as described in the Fire Chief's memo dated Apri16, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving the special permit for exemption from seasonal. load restrictions for Arnt Construction Company, as described on the permit attached to the Public Works Director's memo dated March 19, 2009 Ayes-S-Nays-0 MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-42 awarding the contract for AV Project 2008-114, Palomino Reservoir Rehabilitation, to Horizon Brothers Painting Corporation, the lowest responsible bidder, in the amount of $484,000 00 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-43 awarding the contract for AV Project 2009-101, 2009 Street Maintenance Project, to McNamara Contracting, Inc ,the lowest responsible bidder, in the amount of $2,630,385 95 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, approving the Agreement for 2009 Painting of New Steel Fence Sections with Budget Sandblasting & Painting, Inc., in the amount of $21,271 00, 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 2009 Recondrtionmg of Decorative Light Poles with Top Coat Painting Service, m the CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 3 amount of $13,230 00, 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 2009 Recondrtiomng of Fence Post Supports with Top Coat Painting Service, in the amount of $2,156 00, and authorizing the Mayor and City Clerk to sign the same. Ayes-S-Nays-0 MOTION of LaComb, seconded by Bergman, approving the Agreement for Senior Center Data and Communication Cabling with Cabling Services Corporation, in the amount of $23,872.72, 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 Bullhead/Rough Fish Removal from Farquar Lake with Jeff Riedemann Fisheries, in the amount of $7,600 00, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 - Nays - 0 MOTION of LaComb, seconded by Bergman, approving the Professional Services Agreement for Professional Engineering Services, in connection with lake management projects, with Wenck Associates, Inc., 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 1 to the Agreement with Pipe Services Corporation, in the amount of an additional $2,735 97, and accepting AV Project 2008-107, Cedar Avenue Sewer Cleaning and Televising, as final and authorizing final payment m the amount of $23,664.22. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, accepting Apple Valley Community Center Gymnasium Lighting as final and authorizing final payment on the agreement with Budget Lighting, Inc., in the amount of $14,909 00 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, authorizing funding to Dakota Future for Dakota County Intelligent Community Assessment, as described in the Community Development Director's memo dated Apri19, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Bergman, adopting Resolution No. 2009-44 amending the City's Health Care and Dependent Day Care Expense Reimbursement Plan. Ayes-S-Nays-0 CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 4 MOTION of LaComb, seconded by Bergman, approving the temporary assignment and hiring of seasonal employees, as listed in the Personnel Report dated Apri19, 2009 Ayes - 5 -Nays - 0 END OF CONSENT AGENDA 2009 SPECIAL ASSESSMENTS Councilmember Grendahl asked if the delinquent amount for utilities, mowing, and snow removal is on par with other years or if it is becoming an issue Ms. Broughten said the amount is up approximately $20,000 from last spring. MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-45 approving 2009 Special Assessment Roll No 581 for hearing purposes, in the total amount of $182,175.36 for delinquent utilities, mowing, and snow removal, and setting a public hearing at 8 00 p.m. on May 14, 2009 Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-46 approving 2009 Special Assessment Roll No 582 for hearing purposes, in the total amount of $1,280 00 for delinquent false alarms, and setting a public hearing at 8.00 p.m. on May 14, 2009 Ayes - 5 -Nays - 0 ADOPT-A-PARK DAY Mr Johnson said the City has a great Adopt-A-Park Program with over 30 groups participating m keeping Apple Valley parks clean. The Parks and Recreation Department will be hosting an Earth Day Clean-Up and Celebration for Adopt-A-Park volunteers at Redwood Park on April 19, 2009, beginning at 11 30 a.m. He then read the Adopt-A-Park Day proclamation. MOTION of Grendahl, seconded by Bergman, proclaiming April 19, 2008, as "Adopt-A- Park Day" thanking all those who have volunteered in the Adopt-A-Park Program. Ayes-4-Nays-0 Mayor Hamann-Roland thanked staff and all the volunteers for their all their work. NAMING OF NEW BUILDING IN HAYES PARK Mr Johnson said the City Council, Parks and Recreation Advisory Committee, and seniors have been talking about what the name of the new building m Hayes Park is going to be. The building is getting close to completion and it is time to order the building signs and other promotional materials. CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 5 Parks and Recreation Advisory Committee Chair Russ Defauw said the Parks and Recreation Advisory Committee unanimously and emphatically recommends calling the new building the Apple Valley Senior Center The Committee came up with two additional names because they were tasked to do so The Committee and the seniors understand Council's direction for multiple uses and optimization of the building, and the importance of driving rental revenue to defer building operations and maintenance costs. Neither the name of the building nor resistance from the seniors is the limitation to the building. The limitation is parking. He said the Committee supports the Council's decision to evaluate the parking situation after Quarry Point Athletic Complex is built. In the short term, use of the new building will be determined by park management based on their ability to schedule activities within the limitations of the current parking situation. Mr Defauw added that the senior center, which was polled as the Apple Valley Senior Center, received the second highest level of support during the pre-referendum polling survey He said the name "Apple Valley Senior Center" is their commitment to the seniors that built the community Ms. Carol Geiger, President of the Apple Valley Seniors, said the 2007 bond referendum the seniors helped to pass included a senior center, not a community center She spoke of the economic downturn and said the seniors realize the Council is looking for ways to raise revenue. Although they were told senior activities would not be preempted for other purposes, the seniors are open to the building being rented on evenings and weekends, similar to what happened in the old building. Ms. Geiger stated they were told the word "senior" would prevent some people from renting the building. First, they feel the building will sell itself provided it is priced correctly Second, they do not understand the negative connotation of the word senior She added that they are trying to build along-term relationship with seniors in Apple Valley When the referendum was passed for a new senior center, rt was to accommodate activities for seniors for many years to come They feel "Apple Valley Senior Center" not only identifies activities but a location. She closed by saying they are proud to be called Apple Valley seniors. Mr John Ludwig, 10-year resident, recalled that when the seniors were asking residents to support the bond referendum, the Apple Valley Senior Center was one of the key elements. Mr Lane Allen, 20-year resident, stated he is concerned about future taxes. He supports a combo name if rt will help rent the facility and keep taxes down. Councilmember Grendahl said she is a member of AARP, but does not consider herself a senior She thinks a large percentage of the population has a similar view She has been asking residents what the word "senior" means to them. She relayed some of their responses. She believes the senior center is missing out on the membership of a sizable segment of the population who is eligible to dom. CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 6 She then read the park bond referendum question as it appeared on the ballot. Only 14 8 percent of the registered voters voted. She recommended future park bond questions appear on a General Election ballot, so that more people vote. She pointed out there are annual operating costs of $230,000 for this building. Councilmember Grendahl said one comment she received was that "senior center" is not very inclusive. The confusion is that people do not understand what "senior" means. She would like a name that is more inclusive Councilmember Goodwin said the name of the building is very important. In all the discussions, the park bond brochure, and the pre-referendum survey, rt was called "senior center" The question on the ballot satisfies legal requirements, so he is not surprised it did not include the names of specific projects. However, according to his research, the Council has never changed the name of a City building after it was approved on a bond referendum, whether it was the Apple Valley Community Center, the Teen Center, or a Fire Station. It is important the public understands very clearly what they are voting for and that is what they get if the referendum is passed. All members of the Council agree the City needs to find ways to raise review, but he does not think taxes will go down if this building is rented more or less. He then spoke about the recent expansion to the liquor store operations and comments the City received about being m a private sector business. He noted Old Chicago and the American Legion have rooms similar in size to the one in this new building, and he questioned whether this facility will impact those businesses. Councilmember Goodwin said people do not want to be misled. They want honesty m government. He wondered whether the referendum would have passed if the building was named something else. In addition, the City already has two community centers. One is located right next to this building. He agrees with Councilmember Grendahl that there were not a lot of voters in the 2007 Special Election, however, everyone had a chance to vote. Those that did vote passed the referendum which included an athletic complex, improvements to the aquatic center, many miscellaneous projects, and a new senior center He thinks the Council should reflect on how the people feel. The Council asked them to vote fora "senior center" and that is what they want to call rt. He believes changing the name now would be unfair to the citizens. Councilmember LaComb said she supported and voted for the 2007 park bond referendum. She feels the majority of residents who voted understood they were voting to increase their taxes. That was 2007, this is 2009 Since that time 300 families in Apple Valley have lost their homes due to foreclosure and 2,000 residents are looking for~obs. This is a serious problem. There have been discussions about the tsunami of people over 55 years old who were going to participate m events in the building. Things have changed and the tsunami wave has not taken place Many people have postponed their retirement. The Apple Valley Seniors represents 400 Apple Valley seniors, yet there are 11,000 seniors living in Apple Valley She wants the CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 7 membership to grow Many people are having financial difficulties at this time. This is partially a financial decision. The building needs to be rented on evenings and weekends, like the old building. Therefore, she is going to support the name of "Hayes Community and Senior Center" She thinks the name is flexible and can be marketed as both a community center and a senior center This building is different than Old Chicago and the American Legion because rt can seat 250 people. However, a building that only serves 400 residents does not make sense to Apple Valley taxpayers. Councilmember Bergman stated that although only 14 8 percent voted at the Special Election, all residents, including the remaining 85 percent that did not vote, will pay for the tax increase As a steward of this community, he tries to be cognizant to represent everyone. He has looked at several surrounding senior centers and noted they are not all called "senior center" Farmington's senior center is called Rambling River and Prior Lake's is called Laker Place. He has voiced concern over the lack of parking at this facility The referendum did not include funding of $60,000 to $100,000 for additional parking space. Early on, he suggested the senior center be relocated to Valleywood Golf Course. Parking was one of the reasons. He also thought the City would get the most bang for its buck at that location, because the building could serve multiple purposes. After meeting with representatives from the Apple Valley Seniors, he was satisfied with keeping the senior center at its current location. The operating cost for the new building is $250,000, and the amount goes up each year Because he has an obligation to everyone m the community, he would like the building to have another name Councilmember Bergman indicated the new liquor store and the senior center cost approximately the same amount, $5 million. The difference is the liquor store is funded by a revenue bond which is paid back by profits made from customers, while property taxes are the source for paying back the park bond referendum. Unfortunately, the decisions the Council makes are not always liked by everyone He has to make what he believes is the best choice, and it is important to him to keep the operating costs down. Councilmember Goodwin listed the names recommended by the Parks and Recreation Advisory Committee Apple Valley Senior Center, Apple Valley Senior and Event Center, and Hayes Senior Center The Council directed the Committee to recommend three names, which rt did. Now the Council is picking other names. He believes calling this building a community center when it is located right next to another building which is already called a community center will be confusing. Councilmember Grendahl said rt is a senior center However, she did not believe the name was established when the question went before the voters. She questioned the parking situation in the beginning and was assured it would not be an issue. She is unhappy to hear rt is now one of the biggest issues. She then stated there are more polarized issues coming out of the Parks and Recreation Advisory Committee than other committees. As a result, she is recommending their meetings be televised so their actions are more transparent to the community CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 8 Mayor Hamann-Roland said the Council spoke about being more entrepreneurial at its recent goal setting session. During these difficult times, the City has to hold the line and come up with revenue sources that will be less burdensome to taxpayers. Prior to the Special Election, there were several town meetings. She went to every one This building was called the "senior center" at every meeting. She needs to be accountable to the message that was consistently given to the public She further needs to be credible and base her decision on what was told during that process. Perhaps the name that could incorporate both Councilmember LaComb's idea and the seniors' idea is "Apple Valley Senior and Event Center" Her first choice would be Apple Valley Senior Center, but she can see there may not be support for that name As a result, she is recommending a compromise. She would like a name where "senior center" appeared first m the name She agreed with Councilmember Goodwin that calling the building a community center may cause confusion with the Apple Valley Community Center and Redwood Community Center Councilmember Bergman said the buildings at this complex include the Hayes Ice Arena, the Apple Valley Community Center, and the new senior center Out of respect for the farmer who originally owned the property, he would like to include "Hayes" in the name. MOTION of LaComb, seconded by Grendahl, approving naming the new building at Hayes Park the "Hayes Community and Senior Center" Councilmember Goodwin said words matter He believes that name indicates rt is a community center first and a senior center second. He prefers "Apple Valley Senior and Event Center" over the name in the motion, because rt indicates it is a senior center first and a community or event center second. He then questioned why the Council is ignoring the names recommended by the Parks and Recreation Advisory Committee. Councilmember Bergman responded that the Council has the right to send something to committee and the right to accept or not accept its recommendation. It is rare when the Council does not accept a recommendation, but it does occur on occasion. Councilmember Grendahl said at the goal setting session she and Councilmember LaComb where charged with meeting with representatives of the seniors group. At that meeting, they asked the seniors to come up with three possible names for the senior center, one of which was the Hayes Community and Senior Center She was not set on that name, but wondered why that name was not included in the Parks and Recreation Advisory Committee's recommendation, and questioned whether the Committee listened to the seniors. Mayor Hamann-Roland said she did not believe the Council charged Councilmembers LaComb and Grendahl to come up with a name. She believed the Parks and Recreation Advisory Committee, working with the seniors, would come up with recommended names. She believed the Councilmembers would talk collectively with the seniors to CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 9 generate ideas, but ultimately the seniors would talk with the Committee and they would come up with the names. Councilmember Grendahl said they were charged to meet with representatives of the seniors to discuss naming of the new building. That name was on their list of recommended names when they left the meeting. She then called the question. Councilmember Goodwin said he would like to hear from Carol Geiger before voting on the motion. The Council discussed Roberts Rules of Order and how Apple Valley applies them. Mayor Hamann-Roland invited Ms. Geiger to the podium. Ms. Geiger said she met with each member of the Council and names were discussed. However, a decision was not made She took the question back to the Apple Valley Seniors who chose "Apple Valley Senior Center" She does not remember the name being discussed as "Hayes Community and Senior Center" She thought the name being talked about was "Hayes Community Senior Center" without the "and" Although there were meetings, there were no decisions. She did not understand that the seniors were to come up with the names. She believed that was the responsibility of the Parks and Recreation Advisory Committee. Councilmember Bergman likes "Hayes Community Senior Center" without the "and" He thought that name was going to appear on the list of recommended names this evening. The "and" makes it feel like an after thought. Councilmember Grendahl asked for direction from counsel regarding following Roberts Rules of Order Mr Dougherty said at the point a question is called, the Mayor gets to make a decision. If the Mayor makes a decision which is not agreeable to the rest of the Council, the Council may have a vote to override the Mayor's decision. Vote was taken on the motion. Ayes - 2 -Nays - 3 (Bergman, Goodwin, Hamann- Roland) MOTION of Goodwin, seconded by Hamann-Roland, approving naming the new building at Hayes Park the "Apple Valley Senior and Event Center" Councilmember Grendahl asked why "and" would be acceptable m this name when it was not acceptable in the name in the first motion. CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 10 Councilmember Goodwin responded that listing the senior center first gives the seniors the priority Vote was taken on the motion. Ayes - 2 -Nays - 3 (Bergman, Grendahl, LaComb) MOTION of Bergman, seconded by Hamann-Roland, approving naming the new building at Hayes Park the "Hayes Community Senior Center" Councilmember LaComb asked if the City Administrator or City Attorney could address or explain the difference between "Hayes Community and Senior Center" and "Hayes Community Senior Center" Mr Lawell responded that the distinction is whether the Council is looking at the facility filling one role or two The "and" indicates dual purposes. Vote was taken on the motion. Ayes - 1 -Nays - 4 (Goodwin, Grendahl, Hamann- Roland, LaComb) MOTION of Hamann-Roland, seconded by Goodwin, approving naming the new building at Hayes Park the "Apple Valley Senior Center" Councilmember Bergman stated that if this motion fails he will make a motion to call the building "Hayes Community and Senior Center" Vote was taken on the motion. Ayes - 2 -Nays - 3 (Bergman, Grendahl, LaComb) MOTION of Bergman, seconded by Grendahl, approving naming the new building at Hayes Park the "Hayes Community and Senior Center" Ayes - 3 -Nays - 2 (Goodwin, Hamann-Roland) Mayor Hamann-Roland thanked the seniors for being present and for the work Carol Geiger has done on the seniors' behalf Mayor Hamann-Roland called a recess at 9.29 p.m. Mayor Hamann-Roland resumed the meeting at 9.37 p.m. ORDINANCE AMENDING FIREWORKS REGULATIONS Fire Chief Thompson gave the first reading of an ordinance amending Section 130 07 of the City Code regarding Fireworks Regulations. The amendment increases the total number of grams allowed m multiple tube fireworks construction from 200 to 500 grams. This brings Crty Code CITY OF APPLE VALLEY Dakota County, Minnesota Apri19, 2009 Page 11 into compliance with state statute The Council accepted the first reading. The second reading will be April 23, 2009 COUNCIL COMMUNICATIONS Mayor Hamann-Roland asked Fire Chief Thompson to describe the Fire/EMS mapping project. Fire Chief Thompson explained the Dakota County Office of GIS and the Dakota County Fire Chiefs Association are currently working on a common Fire/EMS mapping solution for all emergency response departments m the county It utilizes the U S National Grid, which provides a uniform scale, standardized markings, and consistent points of reference The National Grid is being used by the National Guard, FEMA, and the Sate of Minnesota Office of GIS Mayor Hamann-Roland invited the public to attend the Apple Valley Transit Station groundbreaking ceremony at 2 00 p.m. on April 14, 2009 She then thanked staff and the Chamber of Commerce for the successful Home and Garden Show held last Saturday CALENDAR OF UPCOMING EVENTS MOTION of Grendahl, seconded by LaComb, approving the calendar of upcoming events as included in the City Clerk's memo dated Apri16, 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 Bergman, to pay the claims and bills, check registers dated April 1, 2009, in the amount of $1,305,101.57, and Apri19, 2009, in the amount of $1,152,535 83 Ayes - 5 -Nays - 0 CLOSE MEETING Mr Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S 13D OS Subd. 3, to discuss the offer to purchase property at 7990 132nd Court West. MOTION of Grendahl, seconded by LaComb, to enter into a closed meeting and convene m closed session to discuss the offer to purchase the property located at 7990 132nd Court West. Ayes - 5 -Nays - 0 The Council convened m the Regent Conference Room at 9 44 p.m. In attendance were Mayor Hamann-Roland, Councilmembers Bergman, Goodwin, Grendahl, and LaComb, City Administrator CITY OF APPLE VALLEY Dakota County, Minnesota April 9, 2009 Page 12 Lawell, City Clerk Gackstetter, City Attorney Dougherty, and Public Works Director Blomstrom. The meeting was tape recorded as required by law The Council reconvened in open session at 10.02 p.m. MOTION of Bergman, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 10.03 o'clock p.m. Respectfully Submitted, Pamela J Gac stetter, City Clerk Approved by the Apple Valley City Council on L ' ~ 3 ~