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HomeMy WebLinkAbout10/08/2009CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 8, 2009, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann- Roland; Councilmembers Bergman and LaComb. ABSENT: Councilmembers Goodwin and Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Public Works Director Blomstrom, Assistant Finance Director Broughten, Assistant City Administrator Grawe, Finance Director Hedberg, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Community Development Director Nordquist, and Fire Chief Thompson. 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 Bergman, seconded by LaComb, approving the agenda for tonight's meeting, as presented. Ayes 3 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 3 Nays 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Bergman, approving the minutes of the regular meeting of September 24, 2009, as written. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -134 accepting, with thanks, the donation of $155.00 from Charles and Kelly McKown for Cemetery Beautification Fund. Ayes 3 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 2009 Page 2 MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -135 accepting, with thanks, the donation of $200.00 from O'Reilly Auto Parts for use by the Fire Department. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -136 accepting, with thanks, the donation of exercise equipment from Mr. and Mrs. David Anderson, 9015 Preserve Trail, Savage, Minnesota, for use by the Fire Department. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, approving a change in officer for The Noodle Shop Co. Colorado, Inc., d /b /a Noodles Company in connection with the On- Sale 3.2 Malt Liquor and Wine Licenses at 14879 Florence Trail, naming Paul Allen Strasen as Vice President; as described in the City Clerk's memo dated October 5, 2009. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -137 setting a public hearing on November 5, 2009, at 8:00 p.m., on the application for On -Sale and Sunday Liquor Licenses by Apple Valley Grill, LLC, d/b /a Wild Bill's Sports Saloon. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, authorizing the sale of forfeiture and surplus City vehicles at the State of Minnesota public auction on October 24, 2009, as described in the Public Works Supervisor's memo dated October 8, 2009. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -138 approving receipt of the Dakota Communications Center (DCC) undesignated fund balance election in a single distribution. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, approving the reduction of financial guarantee for Heritage Lutheran Expansion NRMP from $10,437.50 to $4,437.50, as listed in the Community Development Department Assistant's memo dated October 8, 2009. Ayes -3- Nays -0. MOTION: of LaComb, seconded by Bergman, approving the Subrecipient Agreement with Dakota County Community Development Agency (CDA) for Community Development Block Grant (CDBG) as attached to the City Planner's memo dated October 5, 2009, and authorizing the City Administrator to sign the same. Ayes 3 Nays -0. MOTION: of LaComb, seconded by Bergman, approving the Agreement with Independent School District 196 for 2009 -2010 D.A.R.E. and Police Liaison Services as attached to the Police Captain's memo dated October 2, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes 3 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota• October 8, 2009 Page 3 MOTION: of LaComb, seconded by Bergman, approving the Letter of Understanding with Bonestroo to write technical specifications for economic stimulus funding grant in the amount of $26,700.00 plus reimbursable expenses. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -139 amending Conditional Use Permit 2009 -133 allowing a commercial recreational business in "BP" (Business Park) zoning district for South Metro Jazzercise. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the agreement with Hawkins, Inc., in the amount of an additional $256.88; and accepting 2009 Outdoor Pool Water Management as complete and authorizing final payment in the amount of $73,209.38. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 3 to the agreement with Tight Rope, Inc., in the amount of an additional $4,000.00; and accepting AV Project 2008 -103, Palomino Lattice Tower Rehabilitation, as complete and authorizing final payment in the amount of $14,510.00. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, approving hiring the part time and seasonal employees and resignation of employee, as listed in the Personnel Report dated October 8, 2009. Ayes 3 Nays 0. 2009 SPECIAL ASSESSMENT ROLL 583 END OF CONSENT AGENDA Mr. Hedberg described Special Assessment Roll 583, totaling $1,370.00, for delinquent false alarm charges. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received. Mayor Hamann- Roland called to order the public hearing on Special Assessment Roll No. 583, at 8:03 p.m. She asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:03 p.m. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -140 approving and levying 2009 Special Assessment Roll No. 583, for delinquent false alarm charges, in the total amount of $1,370.00. Ayes 3 Nays 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 2009 Page 4 2009 SPECIAL ASSESSMENT ROLL 584 Mr. Hedberg described Special Assessment Roll 584, totaling $25,081.84, for delinquent mowing and diseased tree removal charges for properties that do not have a current utility bill account. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received. Mayor Hamann- Roland called to order the public hearing on Special Assessment Roll No. 584, at 8:05 p.m. She asked for questions or comments from the Council and the audience. Councilmember Bergman noted that the majority of the properties are on the list for delinquent mowing charges. He asked staff to review its process. There are large blocks of properties owned by businesses that are not mowing. He suggested the City send notices to the businesses early on in the mowing season reminding them of the number of lots they had with delinquent mowing charges and asking them to please stay on top of the mowing. That way staff will not have to take pictures, send letters, and track the mowing for these empty lots. He believes a new process is warranted now because of the economy. Mr. Hedberg said staff will review the process. Mr. Nordquist pointed out that staff had a better response in the Central Village area. Activity was kept to a minimum, but it was done strategically so nuisance conditions would not continue. It was better managed. He said he hears what Council is saying. Mayor Hamann- Roland said Council is directing staff to look at its process and work with larger companies with multiple parcels. She then asked if there were any more questions or comments. There were none and the hearing was declared closed at 8:06 p.m. MOTION: of Bergman, seconded by LaComb, adopting Resolution No. 2009 -141 approving and levying 2009 Special Assessment Roll No. 584, for delinquent mowing and diseased tree removal charges, in the total amount of $25,081.84. Ayes 3 Nays 0. 2009 SPECIAL ASSESSMENT ROLL 585 Mr. Hedberg described Special Assessment Roll 585, totaling $120,023.99, for delinquent utility and mowing charges. The difference between the mowing charges on the previous assessment roll and this one is that charges on this roll are for developed properties that have water and sewer service. The total dollar amount is slightly less than the previous spring; however, that may be a result of switching to quarterly billing and delinquencies may be higher with the next certification. He noted the hearing notice was published according to law and confirmed receipt of the Affidavit of Publication. No written objections have been received. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 2009 Page 5 Councilmember Bergman asked why Mr. Hedberg felt there would be more delinquent accounts the next billing cycle. Mr. Hedberg explained that because the City went to quarterly billing, not all accounts have gone through two billing cycles. As the summer water usage starts working its way through the utility billing system, the accounts receivables balances should start going back up. This will probably happen around October. Mayor Hamann- Roland noted staff indicated it would track how well the quarterly billing system is working. She is glad to see that is happening. Councilmember LaComb stated she believes this is of such importance, the Council should receive quarterly reports. She wants staff to be diligent in watching this. In today's economy, residents may have economic barriers. The City needs to be more aware of money that is or is not going to be paid for utilities. Mayor Hamann- Roland reminded residents they can continue to make monthly utility payments if they prefer, and they can set that up with the Utility Billing Division. Mr. Hedberg clarified that residents can simply pay their accounts monthly. All payments received are simply applied to their account and no arrangements need to be made. Residents may contact the City if they choose. Councilmember LaComb understands staff will be watching this. However, she wants Council to have the opportunity to talk with staff about it and get its opinion at different times as to whether there are changes the Council needs to make. Mr. Hedberg said staff will work at developing a quarterly report. Mayor Hamann- Roland suggested this may be a topic for a work session as well. Mayor Hamann- Roland called to order the public hearing on Special Assessment Roll No. 585, at 8:14 p.m. She 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. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -142 approving and levying 2009 Special Assessment Roll No. 585, for delinquent utility and mowing charges, in the total amount of $120,023.99. Ayes 3 Nays 0. ORDINANCE AMENDING CHAPTER 116 REGARDING FILLING STATIONS Ms. Gackstetter gave the first reading of an ordinance amending Chapter 116 of the City Code regulating Filling Stations. The ordinance amends the Chapter's title to Fuel Dispensing Facilities and clarifies the types of facilities required to be permitted by redefining the definitions. It also CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 2009 Page 6 includes reference to the Minnesota State Fire Code both in conducting and maintaining a fuel dispensing facility and when identifying violations under which a permit or license may be suspended or revoked. The City Attorney's office drafted the ordinance and the Fire Department supports the revisions. The Council accepted the first reading. The second reading will be October 22, 2009. SET SPECIAL INFORMAL MEETING Mr. Lawell proposed the Council set a special informal meeting at 4:30 p.m. on November 2, 2009, to discuss the preliminary 2010 budget. MOTION: of LaComb, seconded by Bergman, setting a special informal City Council meeting, at 4:30 p.m., on November 2, 2009, at the Municipal Center. Ayes 3 Nays 0. STAFF ITEMS Mr. Lawell reminded the Council that Cedar Avenue will be temporarily closed from 10:00 p.m. tonight to 5:00 a.m. tomorrow in the vicinity of the Apple Valley Transit Station in order to pour the concrete for the skyway floor. COUNCIL COMMUNICATION Mayor Hamann -Roland commented about the great turnout at the Better Energy (Be.) workshop earlier this evening and spoke generally about the program. She recognized Mr. Grawe for his efforts in coordinating this program with the Center for Energy and Environment, Great Plains Institute, and Joyce Foundation. Mr. Grawe invited the public to attend the Be. workshop on Saturday, October 10, from 10:00 a.m. to noon at Falcon Ridge Middle School. He encouraged people to visit the City's website to preregister. Additional workshops will be scheduled in late winter or early spring for residents who were not able to attend the fall workshops. He then explained the Be. program applies to townhomes but noted the program may be slightly different because of association maintenance agreements. Mayor Hamann- Roland said in this tough economy this program can help citizens with practical, simple energy- saving solutions. There may also be monies available to help fund bigger projects such as insulation or major improvements such as air conditioners and furnaces. LaComb said tonight's workshop demonstrated it is a solid educational program. She is concerned people may think the program is too good to be true. She asked the media to help advertise the program and encouraged residents to bring a neighbor with them to the meetings. She believes the program is well worth it. CITY OF APPLE VALLEY Dakota County, Minnesota October 8, 2009 Page 7 Mayor Hamann- Roland said that if the public is collectively able to lower its energy consumption by 1.5 percent, it may not be necessary to build another facility. If another facility would have to be built, it would cause everyone to have a higher rate. Councilmember Bergman stated the presenters did a good job. Some people may question whether they will get the value out of their $20.00 investment. A presenter told him that when they make the home visit, they replace all regular light bulbs with CFL bulbs. In one home 38 light bulbs were replaced. That alone can be a substantial dollar amount and the program includes many other aspects. Mayor Hamann- Roland reminded residents they must attend a workshop in order to participate in the program. CALENDAR OF UPCOMING EVENTS MOTION: of LaComb, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk's memo dated October 5, 2009, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes 3 Nays 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by LaComb, to pay the claims and bills, check registers dated September 30, 2009, in the amount of $302,280.07; and October 8, 2009, in the amount of $5,466,377.39. Ayes 3 Nays 0. MOTION: of LaComb, seconded by Bergman, to adjourn. Ayes 3 Nays 0. The meeting was adjourned at 8:30 o'clock p.m. Respectfully Submitted, Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on tO-12'041