Loading...
HomeMy WebLinkAbout07/09/2009 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 9, 2009, at 8.00 o'clock p.m., at Apple Valley Municipal Center PRESENT Mayor Hamann-Roland, Councilmembers Bergman, LaComb, Goodwin, and Grendahl. ABSENT None City staff members present were City Administrator Lawell, City Clerk Gackstetter, Crty Attorney Dougherty, City Engineer Manson, Recreation Supervisor Bird, Public Works Director Blomstrom, Associate Crty Planner Bodmer, Associate Crty Planner Dykes, Assistant City Administrator Grawe, Human Resources Representative Haas, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, Recreation Supervisor Muelken, Community Development Director Nordquist, 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 to the flag. APPROVAL OF AGENDA MOTION of Grendahl, seconded by LaComb, moving consideration of items 4.D - Telecommunication Advisory Committee 2008 Annual Cable & Telecommunications Report and 4.E -Hayes Community and Senior Center 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. Mr Dave Walstad, Committee Chair for Boy Scout Troop 205, commented on improvements to the Hayes Community and Senior Center and Troop 205's membership and service to the City He stated Troop 205 is excited the Hayes Community and Senior Center is complete so they can again hold their meetings at that site 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 Bergman, seconded by LaComb, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 2 CONSENT AGENDA ITEMS MOTION of Bergman, seconded by LaComb, approving the minutes of the regular meeting of June 11, 2009, as written. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-89 accepting, with thanks, the donation of a 1994 Ford Escort, from Colleen Elvin, 13872 Fawn Ridge Way, for use by the Fire Department in training. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-90 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Firefighters Relief Association, for use on September 19, 2009, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-91 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Rotary Scholarship Foundation, for use on October 10, 2009, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving release of financial guarantee for Pennock Avenue Office Building NRMP, as listed in the Community Development Department Assistant's memo dated July 9, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-92 amending Conditional Use Permit for River Valley Church on Lot 1, Block 1, Valley Business Park 2nd Addition (14898 Energy Way), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Amendment of Access Restriction Easement Agreement with Wal-Mart Real Estate Business Trust, as attached to the Crty Planner's memo dated June 30, 2009, and authorizing the Mayor and Crty Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Cancellation of Proof of Parking Agreement with Wal-Mart Real Estate Business Trust, as attached to the Crty Planner's memo dated June 30, 2009, and authorizing the Mayor and Crty Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Infiltration Basin and Stormwater Treatment Structure Construction and Maintenance Agreement with Wal-Mart Real Estate Business Trust, as attached to the City Planner's memo dated June 30, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 3 MOTION of Bergman, seconded by LaComb, approving the Amendment of Declaration of Covenants with Wal-Mart Real Estate Business Trust, as attached to the City Planner's memo dated June 30, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Joint Powers Agreement with the City of Burnsville for 2009 water quality improvement projects in Lake Alimagnet as attached to the Natural Resources Coordinator's memo dated July 9, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving the Encroachment Agreement with Magellan Pipeline Company, in connection with AV Project 2009-101, as attached to the Assistant City Engineer's memo dated July 1, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-93 approving the Agreement for AV Project 2008-110, Columbarium Feature Area Improvements in Lebanon Cemetery, with Hicks Concrete Construction, Inc , in the amount of $33,800 00, and authorizing the Mayor and City Clerk to sign the same Ayes-S-Nays-0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-94 approving plans and specifications for AV Project 2009-111, Long Lake Draw Down Pipe; and authorizing advertising for receipt of bids, at 10 00 a.m., on August 20, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 6 to Senior Center Project # 2602 -Electrical/Fire Alarm, with Manor Electric, m the amount of an additional $1,981 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 5 to Senior Center Project # 2302 - Heating/Ventilating/Air Conditioning, with Bostrom Sheet Metal Works, Inc., in the amount of an additional $12,596 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 3 to Senior Center Project # 2100 -Fire Protection, with Summit Fire Protection Company, in the amount of an additional $825 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 1 to Senior Center Project # 0990 - Pamtmg/Finishing, with MIC Services, in the amount of an additional $630 00 Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 4 MOTION of Bergman, seconded by LaComb, approving Change Order No 3 to Senior Center Project # 0840 -Aluminum Entrances/Glazing/Skylights, with Empirehouse, Inc , with a deduction of $1,500 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 6 to Senior Center Project # 0610/1230 - Rough/Finish Carpentry/Misc./Remanufactured Casework, with Northfield Construction Company, Inc , in the amount of an additional $2,737 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 4 to Senior Center Project # 0512 -Structural Steel-Supply, with DAKA Corporation, in the amount of an additional $152.00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 2 to the contract with Trans-Alarm, Inc ,for Hayes Community and Senior Center Security System and Monitoring, Fire Alarm Monitoring, and Card Reader System, in the amount of an additional $509 73 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 1 to the agreement with Walker Roofing Company, Inc , in the amount of an additional $6,912 00; and accepting AV Project 2009-114, Water Treatment Plant Roof Replacement, as complete and authorizing final payment in the amount of $68,912 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving Change Order No 2 to the agreement with Valley Paving, Inc., with a deduction of $126,367.25, and accepting Project 06-341, 2007 Street Maintenance Project, as complete and authorizing final payment in the amount of $500 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, accepting Redwood Park Court Resurfacing Project as complete and authorizing final payment on the agreement v~nth C & H Sport Surfaces, Inc., in the amount of $6,990 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-95 approving the Administrative Services Agreement with ICMA Retirement Corporation for Full Time and Ongoing Part-Time Employees 457 Plan, as attached to the Human Resources Manager's memo dated July 6, 2009, and authorizing the City Administrator to execute the necessary documents. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-96 approving Administrative Services Agreement with ICMA Retirement Corporation for Fighterfighters 457(b) Plan, as attached to the Human Resources Manager's memo dated July 6, 2009, and authorizing the City Administrator to execute the necessary documents. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 5 MOTION of Bergman, seconded by LaComb, approving a billable rate of $58 00 per hour for off-duty police officers, as described in the Police Captain's memo dated June 3, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, approving hiring the full-time and seasonal employees listed in the Personnel Report dated July 9, 2009 Ayes - 5 -Nays - 0 END OF CONSENT AGENDA CABLE & TELECOMMUNICATIONS REPORT Councilmember Grendahl said citizens have commented on the cost of cable services. She noted this is the first year the basic cable rate will not be regulated because the Federal Communications Commission (FCC) has determined the competition threshold has been met by satellite television competitors. She further noted individuals who subscribe to Charter pay a significant amount m franchise fees and Public Education Government (PEG) access fees. She asked if rt is correct that satellite customers do not pay PEG access fees Mr Grawe said that is correct. Mayor Hamann-Roland clarified that satellite customers do not receive the benefit of PEG access. Councilmember Grendahl questioned whether internet services are subject to franchise fees. Mr Grawe responded no, federal law does not allow rt. Councilmember Grendahl stated she inquired about dropping cable services and was told by Charter her Internet fee would go up $10 00 a month. She questioned if one service is subsidizing the other and if the Telecommunications Advisory Committee has looked at this issue She then asked about PEG access fees collected by the City and the fund balances. Mayor Hamann-Roland said she is frustrated basic cable does not include all the different news outlets. Mr Grawe said the Telecommunications Advisory Committee has not looked at Internet issues because the FCC is very protective of the Internet, indicating rt is a federal government matter Cities do not have any authority at a local level regarding Internet. He further said it is likely Charter offered a bundled discount when purchasing cable and Internet services. If that is the case, a customer may loose the discount by dropping one of the services. He then provided a brief history of the PEG fees collected and their allocation over the years. Originally, $.25, which represented one-half of the total subscriber fee, was designated for cable-related expenditures and $.25 was designated to pay back the capital grant given to the City Once the capital grant was paid off, the City received the entire $ 50 The City uses those funds to pay for the City's portion CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 6 of the point powers cable commission. In the early years, the amount collected exceeded the expenditures. However, production has increased and subscribership has not climbed as much. As a result, a small portion of the total cost, or approximately $7,000 to $10,000, is now subsidized out of the City's General Fund. Councilmember Grendahl asked if the Telecommunications Advisory Committee is looking at issues surrounding the fact Charter Communications has filed for Chapter 11 Mr Grawe said Charter filed for Chapter 11 primarily as a debt restructuring tool. Both state law and Crty ordinance require Crty approval of a transfer m ownership anytime there is a substantial shift m ownership As a result, approval of Charter's new legal entity will come before the City Council at an upcoming meeting. MOTION of Grendahl, seconded by Goodwin, receiving the Telecommunications Advisory Committee 2008 Annual Cable & Telecommunications report. Ayes - 5 -Nays - 0 HAYES COMMUNITY AND SENIOR CENTER FEE SCHEDULE Councilmember Grendahl said she does not have any problems with the fees as presented on the schedule this evening. However, she would like staff to revisit the Senior Club Membership fee structure. She indicated residents are questioning if the Hayes Community and Senior Center is becoming the senior center for seniors south of the river She would like a fee structure similar to Lebanon Cemetery and Valleywood Golf Course, whereby non-residents pay a higher amount. She recommends changing the fee structure early on so it is effective with the new building. She then asked what the annual operating cost is for the Hayes Community and Senior Center Mr Johnson responded that it is approximately $230,000 Councilmember Grendahl noted that the building was built with taxpayer dollars and taxpayers are also paying the annual maintenance. She does not want Apple Valley taxpayers to pay additional taxes to fund expenses which maybe caused by non-resident members. MOTION of Goodwin, seconded by Grendahl, directing the Parks and Recreation Advisory Committee to review the Senior Club Membership fee and forward rts recommendation to the City Council. Ayes - 5 -Nays - 0 MOTION of Grendahl, seconded by LaComb, approving the Hayes Community and Senior Center fee schedule as listed in the Parks and Recreation Director's memo dated July 6, 2009 Ayes - 5 -Nays - 0 APPLE MUSIC FEST IN KELLY PARK Mr Brian Bessler, President of the Apple Valley Arts Foundation, Ms. Lisa Bessler, Apple Valley Arts Foundation Board Member, and Ms. Cindy David, Apple Valley Arts Foundation Treasurer, CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 7 were present to promote and invite the Council and the public to the second annual Apple Music Fest, an event sponsored by the Foundation, the City of Apple Valley, and several local businesses. Mr Bessler stated rt is a free music event scheduled from 6 30 to 9 00 p.m. on July 10, 17, 24, and 31, 2009, at Kelley Park. The public is encouraged to bring their families, picnic baskets, and lawn chairs or blankets. There will also be limited food and refreshments available for sale He thanked the City and the Parks and Recreation Department for its help m setting up this event. Councilmember Goodwin said rt is a wonderful idea. He recommended the Public Works and Police Departments use this opportunity to review the parking situation during this event. It may be useful information as the City continues its efforts towards expanding the park. The Council thanked the Apple Valley Arts Foundation for putting this fun, free event together for the public, especially during this economically challenged time. Councilmember LaComb noted that last year there was dust one event, this year there are four, and perhaps next year the Apple Music Fest can run throughout June, July, and August. Mayor Hamann-Roland said it is a wonderful thought and they would like to make rt happen if they can get more partners. Mr Bessler said one of the Foundation's long-term goals is to build a band shelter so the musicians can perform rain or shine Ms. Bessler read the resolution proclaiming "Apple Music Fest" MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-97 proclaiming July 10, 17, 24, and 31, 2009, as "Apple Music Fest" and encouraging citizens to support and attend the music events to be held at Kelley Park. Ayes - 5 -Nays - 0 CRIME FREE MULTI-HOUSING PROGRAM CERTIFICATION Police Chief Johnson, Sergeant Bermel, and Crime Prevention Specialist Walter, presented Ms. Kris Reyla, Manager of the Haralson Apartments, with a plaque awarding certification in the Crime Free Multi-Housing Program. Sergeant Bermel said the Crime Free Multi-Housing Program is a national program consisting of three phases manager training, a security survey of the property, and a tenant meeting. Haralson Apartments worked closely with members of the Neighborhood Collaboration Officer Program (N C O.P) in completing these phases to keep their property crime free The Haralson Apartments, located at 15420 Founders Lane, is the second fully certified complex m Apple Valley They commended Ms. Reyla for her partnership m public safety The Council congratulated Ms. Reyla and Haralson Apartments for their leadership and commitment to this program. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 8 WASTE AND RECYCLING HAULING ORDINANCE IMPLEMENTATION Mr Bruce Nordquist provided an update on the implementation of the recent amendments to the waste and recycling collection ordinance approved on June 11, 2009 The amendments included allowing curbside garbage and recycling collection, biweekly recycling collection, and day-specific collection zones. He listed intended outcomes, recapped the spring online survey results, and reviewed feedback in support of and against the ordinance as originally presented to the Urban Affairs Committee The telephone calls and voicemail messages received since the ordinance passed reflect similar concerns and ratios in support of and against the ordinance as received in the spring online survey He noted the ordinance allows bi-weekly recycling but does not prevent weekly collection of recycling should the demand warrant rt. He then reviewed the various means used to communicate the ordinance amendment to the residents. Mr Nordquist presented a map depicting the five residential collection zones. He noted collection is spread evenly across the five zones, with Wednesday having the lightest pickup However, this was the schedule and distribution the haulers believed to be most successful for them. He then recapped comments received and reported by each hauler as well as the status of each hauler's individual transition and implementation. He also reviewed the questions received in the last 30 days, and their corresponding answers. He suggested residents contact their hauler if they have questions. He reminded the Council that zoned collection must take place no later than December 31, 2009 Additional comments will likely be received as the remaining refuse haulers switch to zoned collection. Citizens are being informed to use their old recycling bins creatively Neither the County nor the City wants them back. In terms of code enforcement and compliance, the City is asking residents to be flexible In summary, the implementation of the revised ordinance is going well. Councilmember Goodwin said he is concerned with the distribution of scheduled pickups. It was anticipated a Friday pickup would likely be a problem for many residents, yet there is a small distribution on Wednesday and a large distribution on Friday The ordinance amendment was not to be implemented as a convenience to the haulers but as a convenience to their customers. The calls he has received are because of a Friday pickup He recommended looking at the collection zones again. He would like to see a smaller number of residents scheduled for a Friday pickup Councilmember Goodwin further said he voted for the ordinance amendment because they were told Apple Valley's rates were higher than other communities because of garage-side pickup He is frustrated not all the haulers are committing to lowering their rates with the curb-side pickup He also commented about varying pickup times and suggested residents check around. Mayor Hamann-Roland asked if Friday's hauling could be combined with Wednesday Mr Nordquist responded that the feedback received from the haulers was that afour-day week would not work with their service models. CITY OF APPLE VALLEY Dakota County, Minnesota July 9, 2009 Page 9 Councilmember Goodwin said it is fine to have afive-day week, but the lightest day should be Friday Mayor Hamann-Roland reminded the public to contact their hauler to negotiate a better rate or to request garage-side pickup Councilmember Goodwin noted that once the ordinance is fully implemented residents should only find garbage and recycling containers out one day a week. The other six days the containers should be stored. Mayor Hamann-Roland reminded the public garbage and recycling containers should be kept out of the street. COUNCIL COMMUNICATIONS Mayor Hamann-Roland invited the public to attend the Hayes Community and Senior Center ribbon cutting ceremony at 11 30 a.m. on July 15, 2009 Following the ceremony, she will present the State of the Crty 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 July 6, 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 Bergman, seconded by Goodv~nn, to pay the claims and bills, check registers dated June 17, 2009, in the amount of $2,797,321 87, and June 25, 2009, in the amount of $966,211 03, and July 1, 2009, in the amount of $1,576,610 94, and July 8, 2009, in the amount of $227,940 72. Ayes - 5 -Nays - 0 MOTION of Goodwin, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 8 56 o'clock p.m. Respectfully Submitted, ~a~ Uac12o`~,~ Pamela J Gackstetter, City Clerk Approved by the Apple Valley Crty Council on 7- 23-Oq