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HomeMy WebLinkAbout10/23/2003CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 CLOSED MEETING, LABOR NEGOTIATIONS The City Council convened in the Regent Conference Room at the Municipal Center, at 7:00 p.m., on October 23, 2003. Mr. Lawell advised the City Council th at it had scheduled a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss AFSCME and LELS labor negotiations. MOTION: of Grendahl, seconded by Goodwin, to enter into a closed meeting and convene in closed session to discuss AFSCME, Public Works, and LELS, Police, union labor negotiations. Ayes - 5 - Nays - 0. In attendance were Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Labor Consultant Frank Madden, Human Resources Manager Strauss, City Administr ator Lawell, City Clerk Mueller, Police Chief Johnson, Police Captains Anglin and Lohse, Public Works Director Heuer. Parks and Recreation Director Johnson attended at 7:05 p.m. The meeting was tape recorded as required by law. The Council reconvened in open session at 7:52 p.m. MOTION: of Grendahl, seconded by Goodwin, to adjourn the closed meeting. Ayes - 5 - Nays - 0. REGULAR OPEN MEETING Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 23r d, 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 A ttorney Dougherty, City Engineer Gordon, Police Captain Anglin, Finance Director Ballenger, Assistant Planner Bodmer, Assistant Planner Dykes, Assistant to the City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Community Developme nt Director Kelley, Police Captain Lohse, Human Resources Manager Strauss, 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 led by Scouts from the Girl Scout Council of St. Croix Valley. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight’s meeting as amended. Ayes - 5 - Nays - 0. AUDIENCE CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 Page 2 Mayor Hamann - Roland asked if anyone was present to address the Council, at t his time, on any item not on this meeting’s agenda. No one was present to speak. CONSENT AGENDA MOTION: of Bergman, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of October 9th, 2003, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, proclaiming October 20 - 25, 2003, as “World Population Awareness Week”, with th e theme of “Water: Our Most Precious Natural Resource”, in support of water conservation to ensure adequate safe water supplies for future generations. Ayes - 5 - Nays - 0. Resolution No. 2003 - 177 MOTION: of Bergman, seconded by Grendahl, adopting accep ting, with thanks, the donation of $1,500.00 from the Wal - Mart Foundation toward training and material costs of the Child Passenger Safety Program. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a new Filling Station License and a Tobacco Sales License to Ludvigson Service Center, Inc., d/b/a Apple Valley Amoco, at 7510 West 147th Street, expiring December 31, 2003; as described in the City Clerk’s memo dated October 20, 2003. Ayes - 5 - Nays - 0. Resolution No. 2003 - 178 MOTION: of Bergman , seconded by Grendahl, adopting setting a public hearing, at 8:00 p.m., on November 25, 2003, on applications for renewal of on - sale liquor, wine, and 3.2 percent malt liquor licenses for the year 2004. Ayes - 5 - Nays - 0. Resolution No. 2003 - 179 MOTIO N: of Bergman, seconded by Grendahl, adopting approving amendments to the Bylaws of the Apple Valley Firefighters’ Relief Association, as approved by the membership on October 12, 2003; including setting benefit levels for 2004 and 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the 2004 Joint Powers Agreement for the Dakota County Drug Task Force, as attached to the Police Chief’s memo dated October 15, 2003, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 Page 3 MOTION: of Bergman, seconded by Grendahl, appointing Kern, DeWenter, Viere, Ltd., as auditors for the year 2003 and for implementation of GASB Statement No. 34 reporting and authorizing the Mayor and City Clerk to e xecute the Letter of Understanding, as attached to the Finance Director’s memo dated October 13, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, granting a setback variance to allow construction to within 27 feet of the front lot lin e for addition of a covered stoop and porch pergola to a house, on Lot 5, Block 3, Scott Highlands 4th Addition (14397 Garland Avenue), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Res olution No. 2003 - 180 MOTION: of Bergman, seconded by Grendahl, adopting approving a waiver of platting to allow title to a 7.86 - acre parcel of land, in Section 36 for the Cobblestone Lake development, to be transferred on a metes and bounds description basis, as recommended by the Planning Commission. Aye s - 5 - Nays - 0. Resolution No. 2003 - 181 MOTION: of Bergman, seconded by Grendahl, adopting receiving the preliminary engineering report for Project 03 - 241, The Legacy of Apple Valley 3rd Addition Utility Improvements; Waiver of hearing and assessment ap peal; and request for installation from the property owner; and waiving the public hearing and ordering installation of the project. Ayes - 5 - Nays - 0. Resolution No. 2003 - 182 MOTION: of Bergman, seconded by Grendahl, adopting approving plans and speci fications for Project 03 - 241, The Legacy of Apple Valley 3rd Addition Utility Improvements, and directing their installation by change order to Project 01 - 164, The Legacy of Apple Valley Utility and Street Improvements. Ayes - 5 - Nays - 0. MOTION: of Be rgman, seconded by Grendahl, approving Change Order No. 2 to the contract with Richard Knutson, Inc., for Project 01 - 164, The Legacy of Apple Valley Utility and Street Improvements Utility and Street Improvements, in the amount of an additional $112,884.80 for 3rd Addition Utility Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, receiving an outline of proposed site acquisition for an elevated water reservoir at the northwest corner of 160th Street and Pilot Knob Road from Davi d and Carol Fischer, as attached to the Community Development Director’s memo dated October 20, 2003; and directing the City Attorney’s office to prepare a formal purchase agreement for consideration. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 Page 4 MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract with Ridgedale Electric, Inc., for Project No. 03 - 226, 140th Street and Galaxie Avenue Traffic Signal Revisions, in the amount of an additional $1,875.00. Ayes - 5 - Nays - 0. Resolution No. 2003 - 183 MOTION: of Bergman, sec onded by Grendahl, adopting amending and restating the Employee Health Care and Dependent Day Care Expense Reimbursement Plan effective January 1, 2004, to include the cost of over - the - counter drugs in Flexible Spending Account plan s. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving a City contribution of $600.00 per month towards employee health/dental/life insurances for benefit - eligible employees covered by the Pay and Benefit Plan effective January 1, 20 04, as described in the Human Resources Manager’s memo dated October 20, 2003. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving 2004 renewal of firefighter disability insurance with Volunteer Firefighter Benefit Association, at a cost of $474.00, as described in the Fire Chief’s memo dated October 22, 2003. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA GIRL SCOUT ALF AMBULANCE & FIRE DEPARTMENT DONATIONS Gwen Schroeder and Scouts from the Girl Scout Council of St. Croix Valley, Ro se - Valley Day Camp, were present to express appreciation to ALF Ambulance and the Fire Department for safety presentations their personnel gave at this summer’s camp. They presented a plaque and $100.00 check to Tom Kelley, ALF Ambulance Director. They a lso presented a plaque and $100.00 check to Fire Marshal Deane Running and Fire Chief Wassmund. Resolution No. 2003 - 184 MOTION: of Grendahl, seconded by Goodwin, adopting accepting, with thanks, the donation of $100.00 from the Girl Scout Council of St. C roix Valley, Rose - Valley Day Camp, to ALF Ambulance for use toward safety - related public relations/promotional activities. Ayes - 5 - Nays - 0. Resolution No. 2003 - 185 MOTION: of Erickson, seconded by Goodwin, adopting accepting, with thanks, the donatio n of $100.00 from the Girl Scout Council of St. Croix Valley, Rose - Valley Day Camp, for use toward Fire Department safety - related public relations/promotional activities. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 Page 5 DECA WEEK PROCLAMATION Angela Rix, of Apple Valley High Schoo l DECA Club, along with other club members and advisor Mark Westad, were present. Ms. Rix read a proclamation for DECA Week; to promote the opportunities of business - oriented activities and programs the organization supports, and asked the Council to appr ove it. MOTION: of Erickson, seconded by Grendahl, proclaiming October 25th to November 1st, 2003, as Distributive Education Clubs of America (DECA) Week to promote the organization as an educational benefit and opportunity in the community. Ayes - 5 - N ays - 0. SUMMERHILL OF APPLE VALLEY EASEMENT VACATION Mayor Hamann - Roland called the public hearing to order, at 8:12 p.m., to consider vacating an easement on Lot 1, Block 1, Summerhill of Apple Valley, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed her memo dated October 17, 2003, describing the easement originally intended for connection of Granite Avenue to 140th Street. The street has been constructed at a point farther east and this right - of - way is no longer needed except for retaining a drainage and utility easement over the property. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:15 p.m. Resolution No. 2003 - 186 MOTION: of Erickson, seco nded by Bergman, adopting completing vacation of a right - of - way easement over Lot 1, Block 1, Summerhill of Apple Valley, except for reserving a drainage and utility easement over the property; and authorizing recording the necessar y documents with Dakota County. Ayes - 5 - Nays - 0. 2003 SPECIAL ASSESSMENT ROLLS 518, 519 & 520 Mayor Hamann - Roland called the public hearing to order, at 8:16 p.m., on Special Assessment Rolls No. 518, 519, 520 and noted receipt of the affidavit of p ublication of the hearing notice. Ms. Mueller reviewed her memo dated October 20, 2003, describing the assessment rolls, totaling $941,995.00, for improvement projects. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. Resolution No. 2003 - 187 MOTION: of Erickson, seconded by Goodwin, adopting approving and levying 2003 Special Assessment Rolls No. 518, 519, and 520, in t he total amount of $941,995.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 Page 6 2003 SPECIAL ASSESSMENT ROLL 522 Mayor Hamann - Roland called the public hearing to order, at 8:18 p.m., on Special Assessment Roll No. 522 and noted receipt of the affidavit of publication of the hearin g notice. Ms. Mueller reviewed her memo dated October 20, 2003, describing the assessment roll, totaling $51,309.41, for delinquent utility and false alarm charges. No written objections have been received. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:19 p.m. Resolution No. 2003 - 188 MOTION: of Erickson, seconded by Bergman, adopting approving and levying 2003 Special Assessment Roll No. 522, in the total amount of $51,309.41. Ayes - 5 - Nays - 0. LEBANON VALLEY PLACE APARTMENTS Ms. Dykes reviewed the Planning Commission recommendation on Lebanon Valley Place Apartments, a four - story, 36 - unit building to be located east of the Tuscany Apartment site in the Legacy of Apple Valley. The building will have 14 underground parking spaces and share surface parking with the Tuscany Apartment site. The building will have all one - bedroom units and will be used for supportive housing. The program anticipates 16 units for p ersons with a history of mental illness, two units for persons with physical disabilities, and 18 units for persons with low paying jobs. Councilmember Goodwin agreed with the need for this type of housing and asked if other cities in Dakota County are pl anning to provide for it? County Commissioner Branning was present along with Marybeth Landeen, of Dakota County Social Services, who described the need for supportive housing in the County. A similar building is being proposed in Burnsville and a smalle r building is being proposed in Lakeville. West St. Paul currently has eight units and another building is proposed. Mark Ulfers, of Dakota County Community Development Agency, was present and announced that the State approved funding to finance this pro ject and other housing projects today. The Lebanon Valley Place proposal was awarded all funds requested. Resolution No. 2003 - 189 MOTION: of Goodwin, seconded by Erickson, adopting approving the site plan and authorizing issuance of a building permit for Lebanon Valley Place, a 36 - unit apartment building, on Lot 2, Block 1, The Legacy of Apple Valley 2nd Addition; with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GAS ENERGY FRANCHISE ORDINANCE CITY OF APPLE VALLEY Dakota County, Minnesota October 23, 2003 Page 7 Mr. Heuer gave the second rea ding of an ordinance granting a new 20 - year gas energy franchise to CenterPoint Energy Minnegasco as attached to his memo dated October 23, 2003. It would replace the previous franchise, which ran through June 30, 2003, but remains in effect until a new f ranchise is agreed upon. The new franchise defers to the public right - of - way management chapter of the City Code that addresses issues regarding permitting, restoration, inspection regulations and liability. The new franchise also allows the City to impo se a damage fee for unreasonable delay of its contractors by CenterPoint Energy related to right - of - way excavations, facility relocation, restoration, etc. As in the old franchise, provision is made to allow the City to impose a franchise fee by a separat e ordinance. Ordinance No. 737 MOTION: of Bergman, seconded by Goodwin, passing amending Chapter 119 of the City Code by granting a new 20 - year, nonexclusive, franchise to CenterPoint Energy Minnegasco to construct, operate, repair, and maintain facilitie s and equipment for transportation, distribution, manufacture and sale of gas energy in the City. Ayes - 5 - Nays - 0. PUBLIC WORKS SAFETY RECORD Mr. Lawell announced that Public Works employees have achieved a new safety record of 330 days with no lost time. Their previous record was 311 days. They were commended for this achievement at a meeting this morning. COMMUNICATIONS & CALENDAR The Council received a memo dated October 20, 2003, with a calendar listing upcoming events. CLAIMS AND BILLS MOT ION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated October 15, 2003, in the amount of $13,403,369.35; and October 23, 2003, in the amount of $7,867,320.51. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Ericks on, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:40 o’clock p.m.