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HomeMy WebLinkAbout09/10/2009 CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 10, 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, Public Works Director Blomstrom, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, 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 8:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, adding item 5.D Resolution Regarding Membership in Municipal Legislative Commission for 2010 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 with no exceptions. Ayes 5 Nays 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Bergman, approving the minutes of the regular meeting of August 27, 2009, as written. Ayes 5 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 2 MOTION: of LaComb, seconded by Bergman, approving a change in officer for Blazin Wings, Inc., d /b /a Buffalo Wild Wings Grill Bar in connection with the On -Sale and Sunday Liquor Licenses at 14658 Cedar Avenue, naming Matthew Kent Brokl as an additional Vice President; as described in the City Clerk's memo dated September 4, 2009. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -122 approving 2009 Special Assessment Roll No. 583, for hearing purposes, in the total amount of $1,370.00 for delinquent false alarm charges, and setting the public hearing, at 8:00 p.m., on October 8, 2009. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -123 approving 2009 Special Assessment Roll No. 584, for hearing purposes, in the total amount of $25,081.84 for delinquent mowing and diseased tree removal charges, and setting the public hearing, at 8:00 p.m., on October 8, 2009. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -124 approving 2009 Special Assessment Roll No. 585, for hearing purposes, in the total amount of $120,023.99 for delinquent utility and mowing charges, and setting the public hearing, at 8:00 p.m., on October 8, 2009. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving the Joint Powers Agreement with the County of Dakota and the Cities of Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Rosemount, South St. Paul, and West St. Paul for American Recovery Act Edward Byrne Memorial Justice Assistant Grant, as attached to the Police Captain's memo dated September 4, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving the Joint Powers Agreement with State of Minnesota Department of Public Safety for Minnesota Repository of Arrest Photos (MRAP), as attached to the Police Captain's memo dated September 4, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -125 authorizing execution of the Agreement with Dakota County Traffic Safety Group for Minnesota Department of Public Safety, Office of Traffic Safety, 2010 Pilot County Enforcement Project grant, and authorizing the Chief of Police to sign the necessary documents. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving the release of financial guarantee for Centennial Homes NRMP, as listed in the Community Development Department Assistant's memo dated September 10, 2009. Ayes 5 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 3 MOTION: of LaComb, seconded by Bergman, approving the Agreement for 2009 Traffic Control Signal System Painting with Hiller Brothers Construction, Inc., in the amount of $12,000.00, 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 AV Project 2009- 108, Falcon Ridge Middle School Rain Garden Improvements, with Friedges Contracting, in the amount of $99,287.75, 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. 7 to Senior Center Project 2602 Electrical /Fire Alarm, with Manor Electric, in the amount of an additional $792.00. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 3 to Senior Center Project 2202 Plumbing, with Sun Mechanical, Inc., in the amount of an additional $469.00. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to Senior Center Project 1271 Fixed Audience Seating, with Hufcor Minnesota, Inc., resulting in no change to the contract amount. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 9 to Senior Center Project 0610/1230 Rough/Finish Carpentry /Misc. /Premanufactured Casework, with Northfield Construction Company, in the amount of an additional $1,111.00. Ayes -5- Nays -0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 5 to Senior Center Project 0512 Structural Steel Supply, with DAKA Corporation, in the amount of an additional $454.00. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 2 to Senior Center Project 0510 Structural Steel Erect, with A.M.E. Construction Corporation, in the amount of an additional $1,520.00. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 5 to Senior Center Project 0420 Masonry /Cast Stone, with Axel H. Ohman, Inc., with a deduction of $953.00. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, accepting Apple Ponds Playstructure as complete and authorizing final payment on the agreement with PlayPower LT Farmington, Inc., in the amount of $49,998.70. Ayes 5 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 4 MOTION: of LaComb, seconded by Bergman, accepting the summary of the City Administrator's performance evaluation of August 27, 2009. Ayes 5 Nays 0. MOTION: of LaComb, seconded by Bergman, approving hiring the seasonal employee and resignation of employees, as listed in the Personnel Report dated September 10, 2009. Ayes 5 Nays 0. END OF CONSENT AGENDA FIREFIGHTERS' RELIEF ASSOCIATION BOOYA FUND RAISER Fire Chief Thompson described activities planned for the Firefighters' Relief Association's 31st annual booya fund raiser on September 19, 2009, at Fire Station No. 1. Everyone is invited to attend. The event starts at 11:00 a.m. Activities such as bingo, silent auction, kids' games, and games of chance continue throughout the day. Raffle tickets are available in advance from all firefighters. Mayor Hamann- Roland added that there will be a community bike ride (Bike Booya) leaving from Valley Bike Ski at 10:00 a.m. which will end at the booya at 11:00 a.m. She then thanked all the volunteers for their time and efforts in coordinating the booya as well as the businesses for their generous support. CODE RED EMERGENCY NOTIFICATION Mr. Kent Therkelsen, Dakota Communications Center Executive Director, presented information on the CodeRed mass telephone notification system. CodeRed is a new service offered by the Dakota Communications Center (DCC) which allows public safety officials to quickly warn residents and businesses of emergency situations in their neighborhoods. It combines computerized mapping software with a high speed telephone system to rapidly deliver targeted messages to designated areas via telephone, text, and email devices. It will serve approximately 400,000 people in Dakota County and can dial up to 60,000 numbers per hour. He explained how the system operates, its intended use, what residents and business can do to get the most out of the system, and how to register. There is no charge to register or receive notifications. There will be a county -wide test of the system on September 16, 2009. Starting about 3:30 p.m. or 4:00 p.m., the system will initiate a call to every user in Dakota County, or approximately 260,000 phones. If there is no answer, it will repeat the attempt three times. The test will conclude at 8:00 p.m. The DCC is excited about this new ability and believes it will contribute to the high level of safety in Apple Valley and throughout the Dakota County. Mayor Hamann- Roland thanked Mr. Therkelsen for the information and questioned if he will provide feedback to the cities regarding the test. Mr. Therkelsen said they will report to the DCC Board the results of the test on Thursday morning. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 5 PROPOSED 2010 CITY BUDGET AND TAX LEVY Mr. Lawell presented a budget overview describing where the City has been and where it is going. He noted the financial foundation of the City is strong. He reviewed economic challenges, long standing budget assumptions, and the Council's directive to hold the line on the City's share of the property tax bill for the typical Apple Valley home. He explained the budget development process. Staff is recommending the budget public meeting, formerly the Truth -in- Taxation hearing, be held on December 10, 2009. The County will send parcel specific notices to all property owners between November 10 and 24, 2009, informing them of the meeting on December 10. Mr. Lawell then reviewed the budget highlights which included the parks improvement bond referendum, which will cause the debt service to rise from $660,000 in 2009 to $705,000 in 2010; neighborhood preservation efforts; staffing, which reflects no general wage adjustments for 2010; the infrastructure preservation program; energy; and website upgrades. He noted that the budget also reflects fiscal challenges being experience by the State of Minnesota. Mr. Hedberg reviewed the 2010 proposed budget and property tax levy. The proposed budget includes total revenues of $48,081,935 and total expenditures of $52,006,282. He noted the Market Value Homestead Credit (MVHC) was cut by $448,139 in 2008 and will be cut by $749,603 in 2009. The State has indicated the City will not receive a Market Value Homestead Credit in 2010. Since 2007, State aid dollars have been placed into the Capital Improvement Projects Fund instead of the General Fund. The budget is categorized into three different types of funds: the General Fund, Special Revenue Funds, and Enterprise Funds. The 2010 General Fund revenues and expenditures are $25,742,689. This represents a 1.83% decrease from 2009. He then presented 2009 and 2010 comparisons on personnel services, commodities /other, and capital outlay. The proposed 2010 tax levy is $22,841,000, which is an increase of .94% from 2009. He pointed out that once the preliminary levy is adopted, it may be decreased but it cannot be increased. Mr. Hedberg presented a graph depicting residential property values. The majority of residential properties experienced a decline in their property values over the last year. The median decline was 7.6 He then presented a graph depicting the impact of the proposed tax levy on residential homes. Excluding new construction, 91.73% of the homes will experience no increase or a decrease in the City's portion of their property taxes. He gave an example of the impact of the proposed tax levy on a median valued home. He said the Council is requested to adopt a preliminary budget and property tax levy and set the date for the Truth -in- Taxation meeting for December 10, 2009. Councilmember Goodwin emphasized the loss of State aid. Up until 2001, the State partnered with cities in providing funding. Since that time, Apple Valley has lost almost all of its State aid. In spite of that, 91.73% of the homeowners will experience a zero increase or a decrease in the City's share of their property taxes. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 6 Mayor Hamann- Roland said this was not done lightly. The City is still growing, there are positions that have not been filled, personnel have been reassigned, and full time positions have been filled with part time employees. She thanked staff for the extra work it is doing. Councilmember Grendahl said the City lost its State aid funds but that it was not part of the General Operating Funds, it was put in a Capital Improvement Projects Fund. She pointed out that Apple Valley's schedule is different than surrounding communities and that the Council will still be reviewing the budget in the months to come. The action before the Council this evening is to set the maximum levy, but the actual tax levy can still go down. Councilmember Bergman stated this is just the start of the process. The levy which will be set tonight is the maximum amount. In the next several months, the Council will review the 356 page budget. Councilmember LaComb recalled that at the March goal setting session the Council agreed on one goal. By looking at the budget, it is apparent the goal was achieved. She complimented staff for its hard work and effort. Mayor Hamann- Roland credited the City Administrator for directing staff and for making additional refinements resulting in the budget presented this evening. She noted that in 2003 the City got stung by the State after trying to be a good partner by keeping its levy lower. Councilmember Goodwin asked how much the proposed levy is below the levy limit. Mr. Hedberg said the levy is just under $1.2 million below the levy limit. Councilmember Goodwin commented about various assumptions in the budget. He is somewhat concerned about equipment cuts in the area of public safety. He talked about the fact infrastructure will need to be replaced in the future. The Council made a decision to hold the line on the budget, and staff did a great job in following that direction. Mayor Hamann- Roland agreed that it is great news but recognized the need to be cautious as well. She commented about the League of Minnesota Cities' budget noting times are tough. She appreciates that cities are paying attention to the difficult times citizens are going through and are responding in a way that is responsible. Councilmember Grendahl said she does not want people to think the City is cutting back on public safety. She doubled the Police Department's 2009 January through June actual and compared it to their 2010 proposed budget and noted the amounts are $7.2 million and $7.6 million respectively. Mayor Hamann- Roland clarified that Councilmember Goodwin was referring to public safety equipment. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 7 MOTION: of Goodwin, seconded by LaComb, adopting Resolution No. 2009 -126 approving the proposed 2010 budgets, with total revenue of $48,081,935.00 and expenditures of $52,006,282.00, and approving the proposed tax levy collectible in 2010 of $22,841,000.00 consisting of $20,960,623.00 for general purposes and $1,880,337.00 for debt purposes. Ayes 5 Nays 0. MOTION: of Grendahl, seconded LaComb, setting a public budget meeting on the proposed 2010 budgets and tax levy, at 8:00 p.m. on December 10, 2009. Ayes 5 Nays 0. Councilmember Goodwin pointed out that the rules for the Truth -in- Taxation public hearing have changed. Mr. Lawell explained the changes in the law relative to the name of the meeting and the day on which it can be held. MUNICIPAL LEGISLATIVE COMMISSION MEMBERSHIP Mr. Lawell distributed a resolution regarding the City's membership status in the Municipal Legislative Commission (MLC) for 2010. The Municipal Legislative Commission is made up of 14 suburban communities. The MLC works on legislative issues, monitors legislation on the member cities behalf, and updates its members on the legislation both during and after the legislative session. It pays particular attention to fiscal or monetary issues; unlike the League of Minnesota Cities, which pays attention to fiscal issues as well as all the other issues. Mr. Lawell said the 2010 budget includes membership dues for the MLC. There have been questions as to the organization's merit and as to whether the City should continue to be a member. There is a notification deadline of September 15, 2009, if the City does not wish to be a member in 2010. Because the notification deadline is prior to City's budget discussions, Council suggested notification to withdraw from the MLC pending further budget review. He then read the draft resolution. Councilmember Goodwin said Council discussion regarding continued membership is legitimate for a number of reasons. He has witnessed a lot of good work come out of this organization. Councilmembers Grendahl thanked the Council for agreeing to send the notification. In the past, by the time budget discussions occurred it was past the deadline and the City had to remain a member. She appreciates that the Council will have time to discuss the membership this year. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2009 -127 approving notification of the Municipal Legislative Commission regarding the City's membership in the Commission for 2010. Ayes 5 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 10, 2009 Page 8 COUNCIL COMMUNICATIONS Mayor Hamann- Roland recognized Police Officer Brian Bone on being named Minnesota Fraternal Order of Police (FOP) Officer of the Year. He represents what is really great about being a police officer by being engaged with the public. Police Chief Johnson provided a brief history and background on the FOP. He said Officer Bone is one of the leaders of that organization. He is an exceptional officer within the Apple Valley Police Department and the State. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk's memo dated September 4, 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 Grendahl, to pay the claims and bills, check registers dated September 2, 2009, in the amount of $407,468.77; and September 9, 2009, in the amount of $889,614.64. Ayes 5 Nays 0. MOTION: of Bergman, seconded by LaComb, to adjourn. Ayes 5 Nays 0. The meeting was adjourned at 9:13 o'clock p.m. Respectfully Submitted, Gac eo c.v Pamela J. Gac stetter, City Clerk Approved by the Apple Valley City Council on 9 -24-09