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HomeMy WebLinkAbout11/05/2009 CITY OF APPLE VALLEY Dakota County, Minnesota November 5, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 5, 2009, at 8:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann- Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb. 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, 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 8:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of LaComb, seconded by Grendahl, approving the agenda for tonight's meeting, as presented. 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. Mr. Ed Kearney, Chamber of Commerce President, thanked Councilmember Goodwin for helping the Chamber with a class of special needs students. They demonstrated City Council activities, such as a mock ribbon cutting event. The students felt special and the families really appreciated it. He then thanked the City for considering an ordinance change, rather than a policy change, for the properties along Cedar Avenue that may become non - conforming with the upcoming improvements. He also thanked Mayor Hamann- Roland for helping prepare a survey for the businesses along Cedar Avenue. A team consisting of one City staff and one Chamber staff will talk with every business along Cedar Avenue from 140th Street to 160th Street. The teams will find out what the businesses are thinking relative to the survey questions as well as collect contact information. Councilmembers interested in joining City and Chamber staff in conducting the survey should contact him. Lastly, he thanked the Council and City staff for attending the United Educators Credit Union grand opening and ribbon cutting this afternoon. Mayor Hamann- Roland said it is good to see quality businesses choosing and opening in Apple Valley. ' CITY OF APPLE VALLEY Dakota County, Minnesota November 5, 2009 Page 2 Mr. Kearney stated Apple Valley is the hub of the County for banks. He thanked Councilmember Goodwin and Mr. Lawell for attending the ribbon cutting for TruStone Financial Federal Credit Union last Saturday. He added that Apple Valley is growing with real businesses and real assets. Mayor Hamann- Roland noted AgStar Financial also opened this year. Mr. Nordquist added that AgStar sees Apple Valley as their metro connection. They have already doubled their office space. Mayor Hamann - Roland said she looks forward to helping survey the businesses and learning more about them. She noted many businesses operate out of their homes and it would be nice to have more information about them in order to provide services. Mr. Kearney stated the U.S. Census data indicates there are 980 home -based businesses in Apple Valley. The Chamber would like to reach out and help them, but they do not know who they are. 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 October 22, 2009, as written. Ayes - 4 - Nays - 0 - Abstain - 1 (Goodwin). MOTION: of Bergman, seconded by Goodwin, approving a change in manager for El Azteca Apple, Inc., d /b /a El Azteca Mexican Restaurant, in connection with the On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 6670 150th Street W., Suite 106, naming Teresa Macias as General Manager; as described in the City Clerk's memo dated November 2, 2009. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in corporate officer and manager for El Toro of Apple Valley, Inc., d /b /a El Toro Mexican Restaurant, in connection with the On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14638 Cedar Avenue, Suite C, naming William Alexander Gomez as Vice President and General Manager; as described in the City Clerk's memo dated November 2, 2009. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2009 -152 approving submission of the Apple Valley, Burnsville, and Eagan joint 2010 landfill CITY OF APPLE VALLEY Dakota County, Minnesota November 5, 2009 Page 3 abatement and recycling funding application, in the amount of $169,900.00, to Dakota County, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the disposal of one forfeited and one City -owned vehicle to the State of Minnesota public auction on November 7, 2009, as described in the Public Works Supervisor's memo dated November 5, 2009. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing participation in the 2010 Fixed Price Fuel Program with State of Minnesota and the purchase of 30,000 gallons of unleaded gasoline, as described in the Public Works Supervisor's memo dated November 5, 2009. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2009 -153 approving specifications for AV Project 2009 -131, Maintenance of Deep Wells Nos. 5, 10, and 14 and Water Treatment Plant High Zone Pump 3; and authorizing advertising for receipt of bids, at 10:00 a.m., on December 1, 2009. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for 2010 Meter Reading Services with RMR Services, LLC, in the amount of $0.3975 per meter read, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Northwest Asphalt, Inc., for Project 06 -327, Village at Founders Circle Utilities and Street Improvements - Phase II, in the amount of an additional $14,829.98. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving acceptance of public improvements related to Project 02 -212, Cobblestone 3rd Addition; Project 04 -272, Egret Lodge; Project 05 -284, Cobblestone 5th Addition; Project 05 -285, Cobblestone Lake South Shore Addition; Project 05 -310, Cobblestone Lake South Shore 2nd Addition; and Project 07 -356, Cobblestone Lake South Shore 3rd Addition; as described in the City Engineer's memo dated October 29, 2009. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting AV Project 2008 -15, Water Treatment Plant SCADA System Upgrade, as complete and authorizing final payment on the agreement with Automatic Systems Company in the amount of $39,943.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 08 -387, Sanitary Lift Station No. 1 Replacement, as complete and authorizing final payment on the agreement with Geislinger and Sons, Inc., in the amount of $55,047.97. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 5, 2009 Page 4 MOTION: of Bergman, seconded by Goodwin, accepting AV Project 2009 -105, 2009 Miscellaneous Utility Improvements, as complete and authorizing final payment on the agreement with K.A. Witt Construction in the amount of $22,332.78. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employee and temporary assignment of employee, as listed in the Personnel Report dated November 5, 2009. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA 2009 FIRE ENGINE, TRIPLE COMBINATION PUMPER Fire Chief Thompson said the City has seven fire trucks: five engines and two ladders trucks. One fire truck is replaced every three years, which means the life of a fire truck is 21 years. He then presented the results from the 2009 Fire Engine, Triple Combination Pumper bid opening held on September 22, 2009. Two bids were received and reviewed by the Truck Committee. The Committee selected three options. He reviewed the options and the 50 percent prepayment discount, as recommended by the Finance Director. Councilmember Grendahl asked if this truck is replacing one in the current fleet. If so, is it sold and what is its value? Fire Chief Thompson said this purchase replaces an existing truck. Upon delivery of the new fire engine, the old one will be sold. In the past, used trucks have sold between $5,000 and $10,000. MOTION: of LaComb, seconded by Bergman, adopting Resolution No. 2009 -154 awarding the contract for 2009 Fire Engine, Triple Combination Pumper with option to Crimson Fire, Inc., the lowest responsible bidder, in the amount of $461,097.00. Ayes -5- Nays -0. ORDINANCE AMENDING CHAPTER 114 REGARDING PEDDLERS AND SOLICITORS Ms. Gackstetter gave the second 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. She stated no comments have been received following the first reading. MOTION: of Grendahl, seconded by Goodwin, passing Ordinance No. 870 amending Chapter 114 of the City Code regulating Peddlers and Solicitors. Ayes - 5 - Nays - 0. ' CITY OF APPLE VALLEY Dakota County, Minnesota November 5, 2009 Page 5 APPOINT PARKS AND RECREATION ADVISORY COMMITTEE YOUTH REP Mr. Randy Johnson said staff is recommending the Council consider Matthew Mittelsteadt as the Parks and Recreation Advisory Committee Youth Representative. The position is currently vacant. Mr. Mittelsteadt is a student at Eastview High School and comes with high recommendations. He is involved in sports and extracurricular activities. Mr. Johnson interviewed him and he believes Mr. Mittelsteadt will be a good fit. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2009 -155 appointing Matthew Mittelsteadt Youth Representative to the Parks and Recreation Advisory Committee for a term expiring March 1, 2011. Ayes - 5 - Nays - 0. Councilmember Grendahl noted everyone on the Parks and Recreation Advisory Committee has the same term. She asked why the terms were not staggered. Mr. Johnson said it has been that way since he started 23 years ago. Councilmember Grendahl questioned if that is something which should be looked at. Mr. Lawell noted the Urban Affairs Committee also has one term. Councilmember Goodwin recommended all the Committees have staggering terms. The Council directed staff to review the matter and come back with a recommendation. COUNCIL COMMUNICATION Mayor Hamann- Roland reminded everyone City offices will be closed on Veteran's Day and thanked the veterans for their service. She then invited everyone to the holiday tree lighting at 7:15 p.m. on November 24, 2009. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk's memo dated November 2, 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 Goodwin, to pay the claims and bills, check registers dated October 29, 2009, in the amount of $514,597.03; and November 4, 2009, in the amount of $698,532.71. Ayes - 5 - Nays - 0. " CITY OF APPLE VALLEY Dakota County, Minnesota November 5, 2009 Page 6 CLOSE MEETING, LABOR NEGOTIATIONS 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. 13D.03, to discuss labor negotiations. MOTION: of LaComb, seconded by Grendahl, to enter into a closed meeting and convene in closed session to discuss AFSCME and LELS Police Sergeants and Police Officers union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 8:30 p.m. In attendance were Mayor Hamann- Roland; Councilmembers Bergman, Goodwin, Grendahl, and LaComb; City Administrator Lawell, City Clerk Gackstetter, Human Resources Manager Strauss, Public Works Director Blomstrom, Parks and Recreation Director Johnson, Police Captain Marben, Police Captain Rechtzigel, and Legal Counsel Susan Hansen, from Frank Madden & Associates. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:39 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:40 o'clock p.m. Respectfully Submitted, Pot 9 6 a iot Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on 11- 24-0 .