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HomeMy WebLinkAbout10/22/2009 CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 22, 2009, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann- Roland; Councilmembers Bergman, Grendahl, and LaComb. ABSENT: Councilmember Goodwin. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Public Works Director Blomstrom, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Nordquist, Police Captain Rechtzigel, 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 - 4 - 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. Mr. Gerald Cartwright, 15700 Griffon Court, commented on the revised water and sewer utility rates relative to vacant properties or snowbirds. The notice he received in July indicated he would be billed $53.52 per quarter, or $17.84 per month, even when he is not home and not using any services. He met twice with the Mayor and Finance Director to discuss his concerns and they were very kind and patient. The comparison data he obtained showed four communities had cheaper rates. Although he appreciated reviewing the information with staff, he is still not satisfied he is going to be charged for water and sanitary sewer services he is not receiving when he goes south for the winter. He agrees everybody benefits from storm sewer and street lights. He said the Finance Director indicated he was going to recommend a base rate of $13.25 per month for 2010. He realizes there are probably less than 100 residents in Apple Valley who are considered snowbirds and are impacted by this policy. It is not that he cannot afford the fee; it is the principal of paying for something he is not using. He recommended the Council consider a rate of $6.25 per month. He believes that would be a reasonable fee to cover the storm sewer and street lights that are being used. When approving the 2010 budget, he asked the Council to consider his position and reverse the action taken earlier this summer. Mr. Hedberg said earlier this summer staff recommended and the Council adopted a change to how the City treats vacant properties. Staff recommended a policy that treats all vacant properties CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 2 the same, whether they are voluntary vacancies, such as snowbirds, or involuntary vacancies, such as foreclosures. The City sent notices to all known snowbird properties explaining the future utility billing practice. The Mayor and he met with Mr. Cartwright in August and again this week. He shared his calculations but noted he still needs to work with Public Works to come up with a recommended rate structure. When studying the rate structure, it is important to take into consideration the hundreds of millions of dollars worth of investment in infrastructure the City has made. The Capital Improvements Program (CIP) includes another $36 million of investment in utilities in the next ten years. Staff plans to discuss this item with the Council at its informal budget meeting in November. The final rates will be adopted in December. Mayor Hamann- Roland pointed out the importance of having water available for fire suppression. Water and sanitary sewer are part of the whole system that must be maintained well and available to everyone. She told Mr. Cartwright his input is important. She added that the Council has talked about the quarterly billing system and the importance of monitoring it. She appreciates that the Finance Department is working with the Public Works Department on the rate structure to see what works. She is confident they will recommend a base rate that is as fair and as low as possible without causing problems for the whole City. Councilmember Bergman noted the Council agreed all properties should be treated the same; however, maybe that needs to be revisited. He then commented about other utilities' base rates and the way charges appear on their bills. Perhaps if snowbirds notify the City they are going to be gone for a legitimate period of time, they should be charged a fee in the $6.00 to $10.00 range. He agrees with charges for the storm sewer and street lights because they impact public safety. He believes a minimum charge is required. A rate of $13.25 may be too high, but staff must have reasons why they intend to recommend that amount. Mr. Hedberg noted bills for other utilities, such as electric and gas, show fixed charges and consumption charges on separate lines. The City's utility bill combines the fixed and consumption charges on one line for each utility service. He is working with LOGIS to separate the charges and is hopeful it will be completed soon. Mayor Hamann- Roland said she believes it is important for our customers to have all the data on their water bill so they can make the appropriate decisions regarding their usage. Mr. Hedberg agrees that additional information would be helpful. The City has a conservation rate structure; the more water used, the higher price per gallon. Unfortunately, at this time the City utility bill does not provide the opportunity for the residents to see how that structure impacts their bill. Councilmember Grendahl asked the number of foreclosed houses in the City. Mr. Hedberg estimated the number to be between 200 and 250 homes. Councilmember Grendahl said she assumes there are more than 100 snowbirds in Apple Valley. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 3 Mr. Hedberg said he is not certain how many notices the City mailed, but it was approximately 100. Councilmember Grendahl asked what constitutes a snowbird. If someone is gone three weeks, is that a snowbird or is it three months or four months? She recommended the Council define some things in the budget process. What constitutes a snowbird? How much staff time is involved to shut the water off, prorate a bill, and turn the water back on? How many foreclosed homes are there? Everybody should be treated the same. Does that mean mortgage companies that own foreclosed homes would not contribute to the fixed costs either? Mr. Hedberg acknowledged that was one of the difficulties with the old system. Only the people who called in received the benefit. Those who did not call in did not receive the benefit. He believes it needs to be looked at fairly and equitably for everybody. Councilmember Grendahl asked if a mortgage company called in to shut the water off to a foreclosed home, would the City know if it was a snowbird or a mortgage company. Mr. Hedberg said a mortgage company would probably also change the name on the bill, so the City would have a good indication it is a foreclosed home. However, it does point out a weakness in the old system. Mayor Hamann- Roland thanked Mr. Cartwright for coming before the Council with this information, noting the Council will review this item at an upcoming work session. Councilmember LaComb noted several suggestions and possible improvements were recommended this evening. Some questions will directly pertain to the Council's budget discussions. She asked if they would be ready in time for the budget discussions. She noted other suggestions may simply be good ideas to be added to the bill. Mr. Hedberg said there are two items for the bill. The first is breaking out base charges from consumption charges and the second is adding the graph data. Since the City just converted to quarterly billing, he recommends waiting to add the graph data until comparable periods are established. As far as breaking out the base rate from consumption charges, that is already in the works. LOGIS currently does that for other communities. Apple Valley is just waiting its turn in line. Mayor Hamann- Roland said there was good, thoughtful discussion this evening which will help to improve the system. The City is growing as it goes through this process. Staff and the Council will continue to monitor the quarterly billing process to ensure it is working for the City and the residents. Mr. Hedberg said there have only been two quarterly billing cycles and it takes time to work through the process. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 4 Mayor Hamann- Roland thanked Mr. Cartwright for showing up, sharing his concerns, and for feeling he can be engaged with the City Council. She said staff will get back to him with the Council's decisions. 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 - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of LaComb, seconded by Bergman, approving the minutes of the regular meeting of October 8, 2009, as written. Ayes - 3 - Nays - 0 - Abstain - 1 (Grendahl). MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -143 accepting, with thanks, the donations of billiards table, AED box, multiple clocks, recycling bins, and carpet sweeper from Apple Valley Seniors for use within the Hayes Community and Senior Center. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -144 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the American Legion Auxiliary, Unit 1776, for use on November 14, 2009, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -145 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the American Legion Auxiliary, Unit 1776, for use on January 9, 2010, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -146 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the American Legion Auxiliary, Unit 1776, for use on March 13, 2010, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -147 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the American Legion Auxiliary, Unit 1776, for use on May 8, 2010, and waiving any waiting period for State approval. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 5 MOTION: of LaComb, seconded by Bergman, approving a change in manager for Chipotle Mexican Grill of Colorado, LLC, d /b /a Chipotle Mexican Grill, in connection with the On -Sale 3.2 Percent Malt Liquor and Wine Licenses at 7638 150th Street W., naming Maribel Rivera as General Manager; as described in the City Clerk's memo dated October 19, 2009. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving a change in officer for Apple Valley American Legion, Post 1776, in connection with the On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14521 Granada Drive, naming Eugene Edward Wenthold as Commander, John Peder Lenvik as 1st Vice Commander, and Lowell Douglas Huber as 2nd Vice Commander; as described in the City Clerk's memo dated October 19, 2009. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -148 setting a public hearing, at 8:00 p.m., on November 24, 2009, on renewal applications for On -Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2010. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -149 setting a public hearing, at 8:00 p.m., on November 24, 2009, on the application for On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Apple Valley Grill, LLC, d /b /a Wild Bill's Sports Saloon. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving renewal of a Currency Exchange License by the Minnesota Department of Commerce to Madison Financial Companies, Inc., d/b /a Money Xchange, located at 15465 Cedar Avenue, Ste. 170. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -150 approving and levying 2009 Special Assessment Roll No. 586, for Cobblestone Lake Trail Improvements, in the total amount of $533,588.00. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving submittal of a grant application for Improving Environments for Active Living through Dakota County Public Health Department. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the Truth -In- Taxation insert, as attached to the Finance Director's memo dated October 19, 2009. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving the release of financial guarantee for Community of Christ Expansion NRMP, as listed in the Community Development Department Assistant's memo dated October 22, 2009. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 6 MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -151 approving the Agency Delegated Contracting Process Agreement with the Minnesota Department of Transportation. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, authorizing early ordering of sewer cleaning truck cab and chassis from Minnesota Cooperative Purchasing Venture, as described in the Public Works Director's memo dated October 22, 1009. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, authorizing disposition of Unit 421, 2006 Chevrolet Hybrid Pickup Truck, and purchase of replacement vehicle, in the amount of $1,999.00 plus tax and titling fees, as described in the Public Works Director's memo dated October 22, 2009. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 4 to Senior Center Project # 2202 - Plumbing, with Sun Mechanical, Inc., with a deduction of $469.00. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, approving Change Order No. 1 to the contract with Keys Well Drilling Company, with a deduction of $8,698.00; and accepting Project 08 -415, Well Pump No's 3, 7, and 17 Maintenance, as complete and authorizing final payment in the amount of $14,505.80. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Replacement Refrigeration System at Liquor Store 2 as complete and authorizing final payment on the agreement with Custom refrigeration, Inc., in the amount of $11,722.00. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting AV Project 2008 -110, Columbarium Feature Area Improvements, as complete and authorizing final payment on the contract with Hicks Concrete Construction, Inc., in the amount of $33,800.00. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, accepting 2009 Sod Replacement Services as complete and authorizing final payment on the agreement with Jirik Sod Farm, Inc., in the amount of $3,986.50. Ayes - 4 - Nays - 0. MOTION: of LaComb, seconded by Bergman, accepting Security System and Monitoring, Fire Alarm Monitoring, and Card Reader System as complete and authorizing final payment on the agreement with Trans Alarm, Inc., in the amount of $6,375.90. Ayes -4- Nays -0. MOTION: of LaComb, seconded by Bergman, approving hiring the full time, part time, and seasonal employees, as listed in the Personnel Report dated October 22, 2009. Ayes -4- Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 7 END OF CONSENT AGENDA ORDINANCE AMENDING CHAPTER 114 REGARDING PEDDLERS AND SOLICITORS Ms. Gackstetter gave the first reading of an ordinance amending Chapter 114 of the City Code entitled Peddlers and Solicitors amending Section 114.05 regulating License and Registration Suspension and Revocation. The ordinance gives the Chief of Police the authority to immediately suspend a license if the licensee violates any state law or county or city regulation in the course of conducting business under the license. The City Attorney's office drafted the ordinance and the Police Department supports the revisions. The Council accepted the first reading. The second reading will be November 5, 2009. ORDINANCE AMENDING CHAPTER 116 REGARDING FILLING STATIONS Ms. Gackstetter gave the second 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 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. She stated no comments have been received following the first reading. MOTION: of Grendahl, seconded by Bergman, passing Ordinance No. 869 amending Chapter 116 of the City Code regulating Filling Stations. Ayes - 4 - Nays - 0. COUNCIL COMMUNICATION Mayor Hamann -Roland said there has been a good response to the Better Energy (Be.) workshops. Approximately 190 people are already scheduled for home visits. Additional workshops will be scheduled in spring. Residents are encouraged to check the City's website for more information. She then commented on the success of Fire Prevention week and thanked the fire fighters for their efforts. Fire Chief Thompson reviewed the various activities and events the Fire Department held during Fire Prevention week as well as ongoing activities. Education is a vital component of the activities. He thanked CenterPoint Energy and Dakota Communications Center (DCC) for their participation in the Fire Station open houses. Mayor Hamann- Roland thanked the newspapers for their coverage of Uponor's recent fire sprinkler demonstration. She spoke about Uponor and the importance of their business in Apple Valley. She asked the Fire Chief to explain what spectators saw at the demonstration. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 8 Fire Chief Thompson explained how the residential fire sprinkler demonstration was conducted and its purpose. He pointed out there was significantly less damage to the living room with the sprinkler system. Smoke detectors were one of the first steps towards fire safety by helping to early warn people to get out of their homes and businesses. Sprinkler systems are the next step. Because of the increased use of manmade products, today people have an average of three minutes to evacuate a home that is on fire. Residential fire sprinklers provide protection to a home 24 hours a day, 365 days a year. The Fire Department supports their use. Mayor Hamann- Roland noted that the sprinklers are tied into the home's domestic water system and do not require a separate water source. Fire Chief Thompson added that the fact that residential sprinkler systems do not require a stand- alone water source makes them more affordable. He said Uponor and the Fire Department intend to hold demonstrations annually. Councilmember LaComb thanked the Fire Department. She stated the open houses held in connection with Fire Prevention week have always been fun and educational, but she especially liked how the Fire Department ratcheted up the educational component. She thought there was a lot to learn at this year's events and hopes that is direction the events continues to go. The open houses provided information and hands -on training and experiences that are not readily available. Fire Chief Thompson said the last couple of years the open houses have included fire extinguisher demonstrations which allow citizens to put out a gas -fed fire with a fire extinguisher. 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 October 19, 2009, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0. CLAIMS AND BILLS MOTION: of Bergman, seconded by LaComb, to pay the claims and bills, check registers dated October 15, 2009, in the amount of $654,752.04; and October 22, 2009, in the amount of $929,614.20. Ayes - 4 - Nays - 0. CLOSE MEETING - ATTORNEY- CLIENT PRIVILEGE Mr. Dougherty asked the City Council to convene in a closed session, under the provisions of M.S. 471.705, to discuss litigation involving Jorge Allen, et al, regarding ponding. CITY OF APPLE VALLEY Dakota County, Minnesota October 22, 2009 Page 9 MOTION: of Grendahl, seconded by LaComb, to close the regular meeting and convene in closed session to discuss with the City Attorney litigation involving Jorge Allen, et al, regarding ponding. Ayes - 4 - Nays - 0. The meeting was closed at 8:38 p.m. and Mayor Hamann- Roland and Councilmembers Bergman, Grendahl, and LaComb convened in the Regent Conference Room, at 8:44 p.m., along with City Attorney Dougherty, Messrs. Clifford Greene and Monte Mills of Greene Espel, City Administrator Lawell, City Clerk Gackstetter, and Public Works Director Blomstrom. Mr. Dougherty advised the Council that its discussion must be limited to matters for which the meeting was closed and if issues are discussed outside of this meeting the attorney - client privilege will be lost. Discussion followed regarding the litigation involving Jorge Allen, et al, relative to ponding. The Council reconvened in open session at 8:59 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 9:00 o'clock p.m. Respectfully Submitted, P a ak Pamela G kstetter, City Clerk Approved by the Apple Valley City Council on 11- 5 .