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HomeMy WebLinkAbout07/24/2003CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 24th, 2003, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Molenda, City Engineer Gordon, Assistant Planner Dykes, Assistant to the City A dministrator Grawe, Public Works Director Heuer, Community Development Director Kelley, Police Captain Lohse, Human Resources Manager Strauss, Crime Prevention Specialist Walter, and Fire Chief Wassmund. 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 Erickson, seconded by Grendahl, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann - Roland asked if anyo ne was present to address the Council, at this time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Bergman, seconded by Grendahl, moving consideration of ALF Ambulance 2004 budget and award of Project 9 8 - 334 to the regular agenda and approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of July 10th, 2003, as written. Ayes - 4 - Nays - 0 (Hamann - Roland Abstained). Resolution No. 2003 - 132 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of a 1988 Oldsmobile automobile from William and Kris Guillette, 14914 Echo Way, Apple Valley; for use by the Fire Department in training. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Page 2 Resolution No. 2003 - 133 MOTION: of Bergman, seconded by Grendahl, adopting accepting, with thanks, the donation of $1,200.00 from WalMart of Apple Valley towards training and materials for the Car diac Emergency Partnership Automatic External Defibrillator program. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Dakota County Mutual Aid Fire Services Agreement with the Cities of Burnsville, Cannon Falls, Eagan, Farming ton, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Miesville, Northfield, Rosemount, South St. Paul, and West St. Paul, the Metropolitan Airport Commission, and Randolph - Hampton Fire District; as attached to the Fire Chief’s memo dated July 21 , 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 134 MOTION: of Bergman, seconded by Grendahl, adopting authorizing the City Administrator to dispatch equipment and personnel, as deemed necessary , to assist another local government with mutual aid and to recall the same as warranted. Ayes - 5 - Nays - 0. Resolution No. 2003 - 135 MOTION: of Bergman, seconded by Grendahl, adopting amending Resolution No. 2002 - 149 concerning access to the safe depos it box, at Anchor Bank, designated for storage of computer network tapes by designating access limited to Police Captain Lohse and Information Technology personnel Nathan Bang, Taylor George, and Joshua Wilske. Ayes - 5 - Nays - 0. MOTION: of Bergman, se conded by Grendahl, approving a Joint Powers Agreement with the City Burnsville in connection with the Lac Lavon Lake Management Project and providing for cost share of the project, as described in and attached to the Natural Resources Coordinator’s memo d ated July 24, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Lac Lavon Lake Management Agreement with Steve McComas, d/b/a Blue Water Science, for development of a Eurasian water milfoil and water quality management plan for Lac Lavon, as attached to the Natural Resources Coordinator’s memo dated July 24, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, se conded by Grendahl, authorizing the City Administrator to send a notice of the City’s withdrawal from membership in the I - 35W Solutions Alliance and requesting approval of ex - officio membership status as specified in the joint powers agreement. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a setback variance to allow construction of a covered front door entry to within 22 feet of the front lot line on CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Page 3 Lot 14, Block 4, Apple Valley East (15138 Dunbar Boulevard), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a setback variance to allow construction of a covered front door entry to within 26 feet of the front lot line on Lot 1, Block 2, Hunters Wood 3rd Addition (8766 Highwood Way), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a setback variance to allow construction of a raised patio within 22.5 feet of the front lot line on Lot 13, Block 1 , Oaks of Apple Valley III 2nd Addition (13699 Dunbar Way), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Resolution No. 2003 - 136 MOTION: of Bergman, seconded by Grendahl, adopting ordering installation of Project 02 - 202, 153rd Street ( Dodd Road) Construction East of Pilot Knob Road. Ayes - 5 - Nays - 0. Resolution No. 2003 - 137 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and specifications for part of Project 02 - 202, consisting of 153rd Street (Dodd Road) Constru ction Between Easter Avenue and Diamond Path, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 21, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Project 02 - 200, Oil Well Abandonment at Valleywood G olf Course, as final and authorizing final payment on the contract with Keys Well Drilling, Inc., in the amount of $18,623.87. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a Consultant Services Agreement with St. Croix Environ mental, Inc., for Phase 2 of the Wellhead Protection Plan, at a cost not to exceed $10,000.00, as attached to the Public Works Supervisor’s memo dated July 24, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2003 - 138 MOTION: of Bergman, seconded by Grendahl, adopting authorizing advertising for receipt of sealed proposals for Employee Group Dental Insurance by CBIZ Benefits & Insurance Services, Inc., at 3:00 p.m., on September 15, 2003. Ayes - 5 - Nay s - 0. MOTION: of Bergman, seconded by Grendahl, approving setting revised billable rates for off - duty Police Officer services at $37.00 per hour effective September 1, 2003, as requested in the Police Captain’s memo dated July 11, 2003. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Page 4 MOTION: of Bergman, seconded by Grendahl, approving promoting Jeff Swanson to the position of Working Foreman - Streets as listed in the Personnel Report dated July 24, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving hiring the part - time employees as listed in the Addendum to the Personnel Report dated July 24, 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA ALF AMBULANCE 2004 BUDGET The Council received the ALF Ambulance proposed 2004 budget. Councilmember Grend ahl questioned why uncollectible accounts are increasing and amount to 22 percent of service revenue? Councilmember Erickson, the City’s Board representative, said Medicare/Medicaid reimbursements do not come near to paying the full amount for service and there is no option but to write them off. The Federal rules for Medicare/Medicaid reimbursement have changed and that is reflected in the budget. Unpaid accounts are turned over to a collection agency and pursued to the extent possible. Councilmember G rendahl commented that this policy means everyone else is subsidizing the service for those accounts. Councilmember Goodwin said the problem results from the way the Federal government reimburses states; noting Minnesota is at the lower end of reimburseme nts. Councilmember Grendahl said she believes the overall ten - percent budget increase is excessive and will not support it. Councilmember Erickson noted the cities’ cash contributions to the service are lower now than they were for the first seven years of operation. The actual increase is 7.9 percent. MOTION: of Erickson, seconded by Goodwin, approving the ALF Ambulance proposed 2004 budget as attached to the City Administrator’s memo dated July 21, 2003, with total revenue of $2,229,192.00 and total expenditures of $2,225,017.00. Ayes - 4 - Nays - 1 (Grendahl). PROJECT 98 - 334 CONTRACT AWARD Mr. Gordon reviewed the sanitary sewer, water, storm sewer, and cul de sac improvements contained in Project 98 - 334, Galles Addition Utility and Street Improvem ents. The project includes installation of storm sewer from Cimarron Road to correct some current drainage problems. They will be working with neighboring property owners to shift the cul de sac construction within the right - of - way so as to save the most desirable trees. Bids for the work were received on July 7, 2003, and the low bid was below the engineer’s estimate. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Page 5 The Mayor noted that a letter was submitted by Paul Taylor concerning the Council’s action on vacating easements on Outlots 7, 9, and 10 , Palomino Hills. She asked if action to award a contract is dependent on acquiring other easements? Mr. Molenda he does not believe it is and the question has been resolved as far as their office is concerned. Councilmember Grendahl said, based on info rmation that an attorney with the League of Minnesota Cities Insurance Trust reviewed the City Attorney’s opinion and concurred, she will support proceeding with the project. The Mayor asked that this concurrence be obtained in writing from the LMCIT. Resolution No. 2003 - 139 MO TION: of Goodwin, seconded by Erickson, adopting awarding the contract for Project 98 - 334, Galles Addition Utility and Street Improvements, to Heselton Construction, LLC, the low bidder, in the amount of $134,942.50. Ayes - 5 - Nay s - 0. NATIONAL NIGHT OUT Ms. Walter reviewed the agenda of activities planned throughout the City for the 20th annual “National Night Out” on August 5, 2003. She invited everyone to attend a picnic sponsored by the Business Watch program, from 11:00 a. m. to 2:00 p.m., at 15010 Glazier Avenue. Visits by the Police and Fire Departments and Councilmembers to neighborhood events will begin at 5:00 p.m., and continue throughout the evening. There are already 76 neighborhood parties that have signed up this year, up from 68 last year. MOTION: of Grendahl, seconded by Erickson, proclaiming August 5, 2003, as “National Night Out” and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 - Nays - 0. MERITORIOUS SERVICE AWARD - SCOTT FRIEDLAND Fire Chief Wassmund reviewed his memo dated July 21, 2003, describing the actions of Firefighter Scott Friedland in responding to a woman who stopped him on the street in Bloomington to assist her husband who w as choking. On July 2, 2003, Carla Obregon had already called 9 - 1 - 1, but knew her husband, Marical, needed immediate help. Mr. Friedland performed the Heimlich Maneuver on Mr. Obregon and he was able to breathe by the time the Emergency Responders arrive d. The Chief presented a “Meritorious Service Award” to Scott, recognizing this effort. Marical and Carla Obregon, along with other family members, were present to express their appreciation. The Mayor and Council commended Scott for his service and qui ck actions. THE LEGACY OF APPLE VALLEY PLANNED DEVELOPMENT AMENDMENT CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Page 6 Ms. Dykes reviewed her memo dated July 18, 2003, concerning the Planning Commission recommendation on amendments to Planned Development No 716 for The Legacy of Apple Valley. The amend ment to performance standards provides that maximum impervious surface will be calculated by subzone rather than on a per lot basis. No more than 70 percent of any subzone would be impervious surface. The storm sewer system has been adequately sized to a ccommodate the storm water runoff. The amendment to ground sign setbacks allow monument signs to be placed five feet from a property line rather than 13 feet, as required in Chapter 154, and ten feet from a residence or building rather than 30 feet. The amendments were recommended to allow the planned development more flexibility to create a more urban - like area in the Central Village Plan. Councilmember Bergman asked how this would impact future development in the area north of 152nd Street? Ms. Dykes said no plans have been submitted for that area yet and it remains to be determined whether it will be part of this planned development or become a separate planned development designation. Krista Novak, of Town & Country Homes, and Elizabeth Kautz, of th e Hartford Group, developers of the site, were present to answer questions. MOTION: of Bergman, seconded by Goodwin, waiving a second reading of an ordinance amending Article A30 of Appendix F of the City Code, regulating Planned Development No. 716, The Legacy of Apple Valley concerning maximum impervious surface and sign setbacks. Ayes - 5 - Nays - 0. Ordinance No. 731 MOTION: of Bergman, seconded by Goodwin, passing amending City Code Sections A30 - 5(A)(1) and A30 - 6(F)(1), regulating Planned Developmen t No. 716, The Legacy of Apple Valley, by clarifying that maximum impervious surface is 70 percent calculated for the subzone; and that monument ground signs must be set back at least five feet from a property line and ten feet from a building or residence , as recommended by the Planning Commission. Ayes - 5 - Nays - 0. ORDINANCE AMENDING ALARM SYSTEM REGULATIONS Ms. Mueller gave the first reading of an ordinance amending City Code Chapter 130 regulating alarm systems as attached to her memo dated July 2 1, 2003. The ordinance would impose a ten - percent penalty, after 30 days, on unpaid fees for false alarm responses. I would allow the City to collect unpaid fees and penalties by special assessment against the property on which the alarm system is locat ed. The definition of alarm user is added to clarify that these provisions apply whether the property is owned or leased. The ordinance further adds Section 130.45 prohibiting alarm systems that use taped or prerecorded messages with automatic dialing of the emergency number 911. CITY OF APPLE VALLEY Dakota County, Minnesota July 24, 2003 Page 7 The Council accepted the first reading. Second reading and action on the ordinance will be scheduled for the meeting of August 14, 2003. COMMUNICATIONS & CALENDAR The Council received a memo dated July 21, 2003, with a calend ar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated July 17, 2003, in the amount of $16,208,533.61; and July 24, 2003, in the amount of $960,440.36. Ayes - 5 - Nays - 0 . MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:55 o’clock p.m.