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Home My WebLink About07/23/2009 CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 23, 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, City Attorney Dougherty, City Engineer Manson, IT Manager Bang, Public Works Director Blomstrom, Assistant City Administrator Grawe, Parks and Recreation Director Johnson, Police Chief Johnson, Crty Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, Human Resources Manager Strauss, Fire Chief Thompson, and Crime Prevention Specialist Walter Mayor Hamann-Roland called the meeting to order at 8.01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION of Goodwin, seconded by Bergman, removing items S.B -Marx All in One and S.D -Residential Garbage and Recycling Hauling Zones Discussion from the 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 LaComb, seconded by Goodwin, approving all items on the consent agenda with no exceptions Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS MOTION of LaComb, seconded by Goodwin, approving the minutes of the regular meeting of July 9, 2009, as written. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2009 Page 2 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-98 accepting, with thanks, the donation of $100 00 from Residential Mortgage Corporation for the Police Department Drug Abuse Resistance Education (D.A.R.E.) Program. Ayes-S-Nays-0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-99 accepting, with thanks, the donation of $2,000 00 from Wal-Mart Foundation for the Police Department Use of Force Training Program. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving the City of Apple Valley Guest Wireless Access Policy, as attached to the IT Manager's memo dated July 22, 2009 Ayes-S-Nays-0 MOTION of LaComb, seconded by Goodwin, approving the Partial Wetland Delineation for Mani Lake, Minnesota Water 19020302/1, Minnesota Zoo, as attached to the Water Quality Technician's memo dated July 23, 2009, and authorizing the Water Quality Technician to submit the Notice of Decision to the required parties. Ayes - 5 - Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-100 consenting to FCC Form 394 Application of Charter Communications, Inc ,with conditions, for the transfer of the cable TV franchise Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Settlement Agreement and Mutual Release with Charter Cable Partners, LLC, d/b/a Charter Communications, as attached to the Assistant City Administrator's memo dated July 23, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-101 directing the City Engineer to prepare plans and specifications for AV Project 2009-122, 140th Street and Garden View Drive Street Improvements. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-102 approving specifications for AV Project 2009-109, Longndge Reservoir Intermediate Rehabilitation, and authonzmg advertising for receipt of bids at 2 00 p.m., on August 20, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, adopting Resolution No. 2009-103 awarding the contract for Project 06-327, Village at Founders Circle Utilities and Street Improvements -Phase II, to Northwest Asphalt, Inc., the lowest responsible bidder, in the total amount of $771,503 46 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving the Design Agreement with Venstar, LLC and Uponor, Inc , m connection with Project 08-400, 147th Street Utility and CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2009 Page 3 Street Improvements, and authorizing the Mayor and City Clerk to sign the same Ayes-S-Nays-0 MOTION of LaComb, seconded by Goodwin, approving the Agreement for 2009 Colored and Stamped Concrete Removal and Replacement Services with Ron Kassa Construction, Inc , in the amount of $13,300 00, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Change Order No 1 to the contract with Imperial Developers, Inc ,for Project 07-355, Sunset Park, Long Lake Park, and Pennock Shores Storm Water Improvements, in the amount of an additional $5,800 00 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Change Order No 2 to the contract with Tight Rope, Inc., for AV Project 2008-103, Palomino Lattice Tower Rehabilitation, resulting in no change to the contract amount. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Change Order No 4 to Senior Center Project # 0420 -Masonry/Cast Stone, with Axel H. Ohman, Inc , m the amount of an additional $2,107 00 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, accepting 2009 Sealing of Decorative Concrete and Block Retaining Walls as complete and authorizing final payment on the agreement with Top Coat Painting Service, in the amount of $6,900 00 Ayes - 5 - Nays - 0 MOTION of LaComb, seconded by Goodwin, approving the promotion of full time and hiring of part time employees, as listed m the Personnel Report dated July 23, 2009 Ayes -S-Nays-0 MOTION of LaComb, seconded by Goodwin, canceling the informal City Council meeting, on August 13, 2009 Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, setting a special informal City Council meeting, at 6 00 p.m., on August 27, 2009, at the Municipal Center Ayes - 5 -Nays - 0 END OF CONSENT AGENDA NIGHT TO UNITE Ms. Walter reviewed the agenda of activities planned throughout the City for the 1st annual "Night to Unite" on August 4, 2009 She invited everyone to attend a picnic sponsored by the Business Watch program, from 11 30 a.m. to 1 30 p.m., at Fire Station 1 Visits by the Police and Fire Departments and Councilmembers to neighborhood events will begin at 5.00 p.m., and continue CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2009 Page 4 throughout the evening. There are approximately 100 neighborhood parties registered so far Anyone interested in scheduling a neighborhood parry should contact her Ms Walter then read the proclamation. MOTION of Grendahl, seconded by LaComb, proclaiming August 4, 2009, as "Night to Unite" and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 -Nays - 0 MOTION of LaComb, seconded by Goodwin, approving Walmart as corporate sponsor for Night to Unite Ayes - 5 -Nays - 0 FARMERS MARKET, MOUNT OLIVET ASSEMBLY OF GOD CHURCH Mr Lovelace reviewed the request for an Interim Use Permit (IUP) to allow the operation of a farmer's market at Mount Olivet Assembly of God Church, located at 14201 Cedar Avenue. The farmer's market would be held on Tuesdays from 3.00 p.m. to 6 30 p.m., beginning in late July or early August through October 20, 2009 Due to the success and popularity of the farmer's market held on Saturdays at the Municipal Center, the St. Paul Growers Association would like to add another day in Apple Valley Mr Lovelace said staff asked the City's Traffic Consultant to review the traffic flow and parking at Mount Olivet Assembly of God Church m connection with the proposed farmers market. Although no concerns were identified at the church site, the consultant identified an existing concern with on-street parking on 142nd Street because of the steep grade and sight line. As a result, there is a request for "no parking" on 142nd Street W extending 375 feet west of Cedar Avenue He noted that when Mr Blomstrom spoke with representatives of the daycare in that area regarding the parking restriction, they also indicated some concern with sight line issues when their clients enter and leave their facility The public hearing on the IUP was held at the Planning Commission meeting of July 15, 2009 No objections were received. The Planning Commission voted unanimously to recommend approval of the Interim Use Permit. Councilmember Bergman asked if the signs would be temporary or permanent. Mr Lovelace responded that the signs would be permanent. Councilmember Bergman asked if the "no parking" signs will be removed if the farmer's market moves off of the site Mr Lovelace said the "no parking" signs are being placed due to an existing condition. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2009 Page 5 Mr Blomstrom added that the signs would stay in effect based on the alignment of the road, regardless of a farmer's market. MOTION of Grendahl, seconded by LaComb, adopting Resolution No. 2009-104 approving an Interim Use Permit to allow a farmer's market on Lot 1, Block 1, Mount Olivet Addition (14201 Cedar Avenue), for Mount Olivet Assembly of God Church, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by LaComb, adopting Resolution No. 2009-105 restricting parking along the north and south sides of 142nd Street W ,extending 375 feet west of Cedar Avenue (CSAH 23), and ordering installation of the necessary signage Ayes - 5 -Nays - 0 STAFF ITEMS Mr Lawell recognized Mayor Hamann-Roland for completing a successful year as President of the League of Minnesota Cities and continuing in her role as President of the Minnesota Mayors Association, Councilmember Bergman for being reelected as the At-Large Representative on the Metropolitan Airports Commission Noise Oversight Committee, and Councilmember Grendahl for being reappointed Chair of the Metropolitan Council's Livable Communities Advisory Committee. COUNCIL COMMUNICATION Councilmember Bergman asked staff to report to the Council in a reasonable timeframe what engineering finds upon investigating the buckling of the ceiling at Valleywood and reason why the lower restroom doors no longer close Councilmember Grendahl said some Council Members received an inquiry from a resident regarding the revised utility billing practices relative to base charges and asked for additional information. Mr Blomstrom explained the rationale for requiring residents to pay the utility bill base charges whether they are consuming water or not. He noted that whether properties are occupied or vacant they benefit from the infrastructure providing water for fire protection as well as sanitary sewer and storm sewer, and street lights services. Mayor Hamann-Roland commended Dakota County Technical College for being one of six technical colleges to receive a grant from the state for teaching students how to turn fueled hybrid cars into plug-m hybrids. She then invited the public to the Business Watch picnic at Fire Station 1 on August 4, 2009, from 11 30 a.m. to 1.30 p.m., and to the Apple Music Fest at Kelley Park on July 24, and July 31, 2009, beginning at 6 30 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2009 Page 6 CALENDAR OF UPCOMING EVENTS MOTION of Grendahl, seconded by LaComb, amending the calendar of upcoming events as included in the City Clerk's memo dated July 20, 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 Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated July 15, 2009, in the amount of $1,462,806 77, and July 23, 2009, in the amount of $750,278 86 Ayes - 5 -Nays - 0 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, f~~,ta.c~ ~ a,c,{eo~ Pamela J Gac stetter, City Clerk Approved by the Apple Valley City Council on Q - l3-Ooi