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HomeMy WebLinkAbout08/27/2009 CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 27, 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, Crty Engineer Manson, Public Works Director Blomstrom, Associate City Planner Dykes, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, Police Captain Marben, Community Development Director Nordquist, Police Captain Rechtzigel, Human Resources Manager Strauss, Liquor Operations Director Swanson, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 8 O1 p.m. Everyone took part m the Pledge of Allegiance led by Boy Scout Zane Larwood from Troop 292. APPROVAL OF AGENDA MOTION of Grendahl, seconded by LaComb, moving consideration of item 4.K.2 - Agreement with GovernmentJobs.com, Inc , d/b/a NEOGOV for On-Line Employment Application and Applicant Tracking System 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0 CONSENT AGENDA ITEMS MOTION of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of August 13, 2009, as written. Ayes - 3 -Nays - 0 -Abstain - 2 (Hamann-Roland, Grendahl) CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 2 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-112 accepting, with thanks, the donation of $100 00 from Residential Mortgage Corporation for the Police Department. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-113 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion Auxiliary, Squadron 1776, for use on November 11, 2009, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-114 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the American Legion Auxiliary, Squadron 1776, for use on December 12, 2009, and waiving any waiting period for State approval. Ayes-S-Nays-0 MOTION of Bergman, seconded by Goodwin, approving a change in corporate officer for Applebee's Restaurants North, LLC, d/b/a Applebee's Neighborhood Grill & Bar, in connection with the On-Sale Liquor License at 14678 Cedar Avenue, naming Michael James Archer as President; as described in the City Clerk's memo dated August 24, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodv~nn, approving the release of financial guarantees for Apple Valley Medical Center NRMP and CVS Pharmacy NRMP, as listed m the Community Development Department Assistant's memo dated August 27, 2009 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-115 identifying the need for and authorizing submittal of a Metropolitan Council Livable Communities Demonstration Account (LCDA) grant application in the amount of $703,711 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-116 approving the preliminary and final plat of Woelfel Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2008-117 approving the specifications for 2009 Fire Engine, Triple Combination Pumper; and authorizing advertising for receipt of bids, at 2.00 p.m., on September 22, 2009 Ayes-S-Nays-0 MOTION of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with Independent School District 196 for AV Project 2009-108, Falcon Ridge Middle CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 3 School Rain Garden Improvements, as attached to the Natural Resources Coordinator's memo dated August 27, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for grant funding, in connection with AV Project 2009-108, Falcon Ridge Middle School Ram Garden Improvements, as attached to the Natural Resources Coordinator's memo dated August 27, 2009, and authorizing the Mayor and City Clerk to sign the same Ayes -S-Nays-0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-118 awarding the contract for AV Project 2009-109, Longridge Reservoir Intermediate Rehabilitation, to Champion Coatings, Inc ,the lowest responsible bidder, m the amount of $158,000 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-119 awarding the contract for AV Project 2009-111, Long Lake Draw Down Pipe, to Dave Perkins Contracting, Inc ,the lowest responsible bidder, m the amount of $134,361 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, approving the Agreement for Replacement Refrigeration System at Liquor Store 2 with Custom Refrigeration, Inc , in the amount of $11,722 00, and authorizing the Mayor and Crty Clerk to sign the same Ayes-S-Nays-0 MOTION of Bergman, seconded by Goodwin, accepting Redwood Park Restroom Facility as complete and authorizing final payment on the agreement with CXT, Inc., m the amount of $42,500 00 Ayes - 5 -Nays - 0 MOTION of Bergman, seconded by Goodwin, adopting Resolution No. 2009-120 authorizing the renewal and amendment of the long term and short term disability insurance contract, and authorizing the Human Resources Manager to sign the necessary documents. Ayes - 5 -Nays - 0 END OF CONSENT AGENDA NEOGOV SERVICE AGREEMENT Councilmember Bergman commented about the NEOGOV on-line employment application and applicant tracking system noted current users are larger entities. He understands the City of Burnsville inquired with Apple Valley to learn of its interest in obtaining the service through cooperative purchasing and now both cities are proposing to purchase the service He questioned if rt would be possible to add more cities and further reduce the cost. He further questioned the CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 4 need to move forward now versus waiting until the City's webpage is updated. Initially he was concerned that the personal touch may be lost with this type of system. However, after having conversations with the Human Resources Manager and learning the City writes the questions which rank applicants, he no longer has that concern. Ms. Strauss said the cost for this type of technology has come down in recent years allowing more small and mid-sized employers to take advantage of rt. The data will reside on the vendor's server and the program will be linked to the City's website. It will take IT staff approximately two hours to complete the setup She is unsure if the cost would be reduced if additional cities subscribed to the service. Mayor Hamann-Roland appreciates that the system will provide both the human touch as well as high technology Councilmember Grendahl said the annual recurring cost is only $3,744 00 She is doubtful it could be purchased for much less. MOTION of Bergman, seconded by LaComb, approving a Service Agreement with GovernmentJobs.com, Inc , d/b/a NEOGOV, for On-Line Employment Services, as attached to the Human Resources Manager's memo dated August 24, 2009, and authorizing the Human Resources Manager to sign the necessary documents. Ayes -S-Nays-0 BETTER ENERGY (Be.) INITIATIVE Mr Grawe said about a year ago Apple Valley became involved in a grant partnership with a number ofnon-profits and utility companies who were interested in helping the City save energy and money Over the past year the Center for Energy and Environment (CEE), CenterPomt Energy, Dakota Electric, and the City of Apple Valley have been developing the program and they are excited to present it this evening. He then introduced Ms. Ashley Robertson, from the Center for Energy and Environment. Ms. Robertson described the (Be) Better Energy initiative, which encompasses industrial, commercial, and residential sectors. The residential sector is being launched this evening. Two 2- hour workshops will be offered. They will teach residents hassle-free, convenient ways to save money and energy in their homes. The workshops will be held at Falcon Ridge Middle School on October 8, 2009, from 6 30 to 8 30 p.m., and October 10, 2009, from 10 00 a.m. to noon. At the workshop, residents will be able to sign up for a home visit. During the home visit, two energy professionals will install low-cost materials and teach homeowners more things they can do to save money and energy She further described the various materials, products, and reports homeowners will receive and the benefits of the program including a customized financial incentive package The individuals making the home visits are not selling anything; they simply want to assist the homeowners m doing what they want to do and allow them to be able to afford it financially They are looking for more motivated people to participate She enlisted the Council's CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 5 help in promoting the Better Energy (Be.) home analysis program to Apple Valley homeowners. There will be an informational meeting at the Municipal Center on September 3, 2009, from 6 30 p.m. to 7.30 p.m. A volunteer workshop will be held at the Municipal Center on September 9, 2009, from 6.30 p.m. to 8 30 p.m. Mayor Hamann-Roland said rt is very smart for homeowners to take advantage of this full-service energy efficiency program which saves energy and money Councilmember Grendahl pointed out that homeowners will receive up to $400 00 m services and materials fora $20 00 co-pay That is a great value Ms. Robertson said it is an amazing opportunity for Apple Valley and there is nothing else like this m the state Mayor Hamann-Roland added that the program includes low-interest loans for energy saving home improvements and appliances. It is a choice homeowners can make, but she is hopeful residents will take advantage of this program with its many benefits HAUPT ANTIEK CONDITIONAL USE PERMIT Ms. Dykes reviewed the request by Haupt Antiek for a Conditional Use Permit for outdoor display of merchandise at 7570 147th Street W The store is open four days a month and the applicant is requesting storage of merchandise outdoors during the four days a month the store is open, from March to November The site plan shows the use of two parking spaces and a portion of a striped parking island on the north side of the building and two parking spaces on the south side of the building. In the past, the City has approved temporary and permanent outdoor displays of merchandise similar to this with conditions that require the area be delineated by decorative maintenance-free fencing. The Police Department has expressed concern about theft over night. The applicant has indicated that if theft becomes a problem, she will cease from displaying merchandise outside Ms. Dykes stated the site is a bit short on parking spaces. The building requires 84 parking spaces, but only 61 are available However, it parks fine at this point because most of the building is used as office space. The applicant has worked out the parking with the other tenants. She further stated a public hearing was held on August 5, 2009 On August 19, 2009, the Planning Commission voted unanimously to recommend approval. Councilmember Bergman indicated he was recently at the store and the merchandise was well displayed. He asked if the fencing will be removed following the four days a month the store is open. Ms. Dykes confirmed the fencing must be removed after the four days and stored inside the building. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 6 Councilmember Bergman questioned the liability of having spikes on the top of the fencing as was depicted in the staff presentation. Mr Dougherty said whatever type of material the applicant uses for fencing will not have any exposure to the City m regards to liability Ms. Dykes clarified that the picture of the fencing she presented to Council was merely a sample of a design she found on the web It is not necessarily the design the applicant will select. Councilmember Bergman hopes the fence does not encourage people to want to get into the area and further hopes storage of merchandise outside does not become an issue. Councilmember Grendahl asked if the site was 23 parking spaces short with the four spaces which will be used for storage. Ms. Dykes said correct. Councilmember Grendahl emphasized that the Council is very strict about requiring other businesses to meet the City's parking requirements. She assumes this business will attract a lot of cars and now they are requesting authorization to relinquish additional parking spaces. She has serious concerns. Ms. Dykes pointed out there is a proof of parking agreement with the business next door The other tenants in the building indicate they are comfortable with the parking at this point. However, if the uses change, rt could become a problem. The applicant is certain this can work. Mayor Hamann-Roland asked how many parking spaces are added with the cross-parking agreement. Ms. Dykes responded that it adds 12 to 14 spaces. She added that the site is still short with the proof of parking. The building is in an older part of the downtown and the parking standards have changed since the site was originally developed. Councilmember Bergman said he has to agree with Councilmember Grendahl. The City is very strict on its parking requirements, and he accidentally overlooked the parking shortage when reviewing this item. He noted that the building to the west of this building is empty He questioned if the cross-parking agreement remains in place if that building becomes occupied. Ms. Dykes stated rt would remain in effect. She added that if the building next door becomes occupied, congestion may worsen. Councilmember Bergman said he likes the business but added that being short 23 parking spaces is huge. CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 7 Councilmember Goodwin said rt is a unique business in that it is only open four days a month. The Planning Commission spent a lot of time reviewing rt and he is willing to give the Planning Commission the benefit of the doubt. It is a conditional use. He will be interested to see how it works to leave things out over night. He added that the business was highly thought of where it was before Because the Conditional Use Permit request is only for four days, he is willing to try it. Ms. Dykes pointed out that the resolution includes a condition which states "If parking conflicts occur, the outdoor display areas shall be dismantled until such time as the conflict can be resolved between the property owners." Mayor Hamann-Roland said everything is spelled out very clearly in the resolution. She added that the use is incredibly unique in that it is requested for only four days a month. She asked if rt would set a precedent. Mr Dougherty affirmed that rt would set a precedent if the circumstances, such as the time and the use, were similar Councilmember Bergman asked that staff watch this closely to ensure customers are not parking on 147th Street or in other businesses parking lots. Ms. Dykes responded absolutely She added that many of the office uses are not on site on the weekend which helps to offset the parking. Councilmember Grendahl questioned what may happen if another business requested putting up a big sign four days a month. MOTION of Goodwin, seconded by LaComb, adopting Resolution No. 2009-121 approving a Conditional Use Permit to allow outdoor display of merchandise on Unit 4, Apple Valley Office Condominium, Condominium File #75, Lot 2, Block 2, Valley Commercial Park 1st Addition (7570 147th Street W with conditions as recommended by the Planning Commission. Ayes - 3 -Nays - 2 (Bergman, Grendahl) STAFF COMMUNICATIONS Mr Lawell noted a potential conflict with the September 10, 2009, informal City Council meeting and a Chamber of Commerce event that will be going on that day and early evening. He recommended postponing the start of the informal meeting to 7.00 p.m. MOTION of Grendahl, seconded by Goodwin, changing the start time for the informal Council meeting on September 10, 2009, to 7 00 p.m. Ayes - 5 -Nays - 0 CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 8 MINNESOTA ZOO EMERGENCY PREPAREDNESS EXERCISE Mr Lawell reported the Minnesota Zoo will be holding an emergency plan exercise. Staff wants to make sure citizens are aware ofthe exercise because it is likely they may see activities around the Zoo which will be somewhat unusual. Police Chief Johnson and Fire Chief Thompson described the field exercise to take place at the Minnesota Zoo on September 10, 2009, beginning at 4 30 p.m. It is a simulated animal escape In addition to Zoo personnel, the Apple Valley Police and Fire Departments will be involved as well as the local ambulance, state patrol, and Eagan Police Department. There will not be a public viewing area for this emergency preparedness event. Councilmember Goodwin requested the Zoo tell the local newspapers about this event. Police Chief Johnson said arrangements are being made for a press release CEDAR AVENUE PROJECT UPDATE Mr Lawell said staff has an update on the Cedar Avenue project and Apple Valley Transit Station. Something rather momentous is going to happen tonight. He called on the Public Works Director to explain. Mr Blomstrom said a milestone is being reached in the construction of the Apple Valley Transit Station. There is a scheduled closing of Cedar Avenue starting at 10.00 p.m. tonight until 5.00 a.m. tomorrow to set the steel trusses which will span Cedar Avenue He described the work which will take place as well as the official detour route Access to local businesses will be maintained. Cedar Avenue will be closed again tomorrow evening for the same period of time to set the floor decking on the skyway as well as to complete the architectural sheet metal work. Very rapidly during the next two nights a skyway will appear over Cedar Avenue Mayor Hamann-Roland said it is a historic event. Councilmember Goodwin said he hopes the work will be done to allow Cedar Avenue to open at 5.00 a.m. each morning. Mr Blomstrom relayed that contingency plans are in place However, the contractors have gone through several drills as to how this will be coordinated and the materials have been measured more than once to ensure they fit. 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 August 10, 2009, and noting that each CITY OF APPLE VALLEY Dakota County, Minnesota August 27, 2009 Page 9 event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0 CLAIMS AND BILLS MOTION of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated August 19, 2009, in the amount of $1,510,577.39, and August 26, 2009, in the amount of $1,128,605 15 Ayes - 5 -Nays - 0 CLOSED MEETING, PERFORMANCE EVALUATION 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 13D05, Subd. 3a, to conduct a performance evaluation. MOTION of LaComb, seconded by Goodwin, to enter into a closed meeting and convene in closed session to conduct a performance evaluation of the City Administrator Ayes-S-Nays-0 The Council convened in the Regent Conference Room at 8 50 p.m. In attendance were Mayor Hamann-Roland, Councilmembers Bergman, Goodwin, Grendahl, and LaComb, and City Administrator Lawell. The meeting was tape recorded as required by law The Council reconvened m open session at 9.29 p.m. MOTION of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 -Nays - 0 The meeting was adjourned at 9 30 o'clock p.m. Respectfully Submitted, Pam~~ ~ GI.L'.~i0 l~.yt~ Pamela J Gackstetter, City Clerk Approved by the Apple Valley City Council on 9-1 O- Oq