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HomeMy WebLinkAbout12/22/2009 CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22, 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, Associate City Planner Bodmer, Associate City Planner Dykes, Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, 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 Bergman, moving consideration of items 4.N — Cost Share Agreement with Jennifer and Pascal Dalseth for Shoreline Buffer, 4.R.2 — Acceptance and Final Payment on Contract with Ebert Construction for Quarry Point Athletic Complex, and 4.S — Resolution Approving 2010 Employee Pay and Benefit Plan to the regular agenda, 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. Mr. John Ericson, of Fischer Sand and Aggregate, announced his retirement and thanked the Council for their help over the years. The Council congratulated Mr. Ericson on his retirement and thanked him for the professional working relationship. 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. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 2 MOTION: of Goodwin, seconded by Bergman, approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of December 10, 2009, as written. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -198 accepting, with thanks, the donation of $500.00 from Marathon Petroleum Company, for use by the Police Department D.A.R.E. Program. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -199 approving issuance of an off -site gambling permit, by the State Gambling Control Board, to Apple Valley Hockey Association, for use on January 7, 2010, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -200 approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Zoo Foundation, for use on April 24, 2010, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2009 Coin - Operated Amusement Device License for Aspen Video and Vending at Wild Bill's Sports Saloon, 15020 Glazier Avenue. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving revised City Attorney fees for 2010 legal services, as attached to the Assistant City Administrator's memo dated December 22, 2009. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving revised fees for 2010 engineering services with Bonestroo, Short Elliott Hendrickson, Inc., (SEH), and Wenck Associates, as attached to the Public Works Director's memo dated December 18, 2009. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Lease Agreement with Bonestroo for office space at the Municipal Center and Central Maintenance Facility, through December 31, 2010, as attached to the Public Works Director's memo dated December 22, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement with Apple Valley Chamber of Commerce to administer the Apple Valley Convention and Visitors CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 3 Bureau (CVB) through December 31, 2010, as attached to the Assistant City Administrator's memo dated December 22, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Apple Valley Convention and Visitors Bureau (CVB) 2010 Budget and Marketing Plan, as attached to the Assistant City Administrator's memo dated December 22, 2009. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing issuance of a temporary certificate of occupancy for Apple Valley Transit Station, 15450 Cedar Avenue, with conditions, as described in the Commercial Building Inspector's and Associate City Planner's memo dated December 22, 2009. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -201 approving the Planned Development Agreement for The Seasons at Apple Valley, releasing Lot 1 Block 2, The Legacy of Apple Valley, from the Development Agreement, and the partial release from the Assessment Deferral Agreement recorded as Document No. 1710890, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -202 directing the City Engineer to prepare plans and specifications for AV Project 2010 -101, 2010 Street Maintenance Project. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2009 -203 approving specifications for Two -Year Lease for Eleven 72 -Inch Mowers; and authorizing advertising for receipt of bids, at 2:00 p.m., on January 21, 2010. Ayes -5- Nays -0. MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with the Dakota County Drug Task Force, as attached to the Police Captain's memo dated December 15, 2009, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 8 to Senior Center Project # 2602 — Electrical /Fire Alarm, with Manor Electric, in the amount of an additional $1,063.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for AV Project 2009 -134, 2009 Cured -In -Place Pipe Repairs — Sewer Lines, with Visu- Sewer, Inc., in the amount of $26,260.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the Agreement for engineering services for the EECBG Ice Arena Boiler Replacement Project with Wold Architects and Engineers, in an amount of 7.5 percent plus reimbursable expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Apple Valley Community Center Surveillance System with Silent Knight Security Group, in the amount of $10,355.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Hayes Community and Senior Center Surveillance System with Silent Knight Security Group, in the amount of $7,945.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting 2009 Concrete Raising and Leveling Services as complete and authorizing final payment on the agreement with Able Concrete Raising, Inc., in the amount of $421.50. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Senior Center Project # 0510 — Structural Steel- Erection as complete, and authorizing final payment on the agreement with A.M.E. Construction in the amount of $2,200.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees listed in the Personnel Report dated December 22, 2009. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA SHORELINE BUFFER COST SHARE PROGRAM Councilmember Bergman stated the water quality improvement cost share program is a great program, and rain gardens are essential to helping improve the City's impaired waters. He noted property owners are eligible for up to $500 for installing these types of improvements. The agreement requires maintenance of the improvement for a minimum of seven years. He questioned how the City will monitor the program, what happens if the property is sold prior to the end of the seven -year period, and the number of projects the City will fund. Mr. Blomstrom explained that in accordance with Federal and State requirements, the City maintains a permit for its drainage system. Part of that permit requires programs which promote public education and involvement. Beginning in 2008, the City budgeted $5,000 per year for grants for property owners who installed rain gardens, shoreline buffers, and other water quality improvements. There has not been much interest in the program and it is entirely volunteer CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 5 driven. In 2009, the City attracted three property owners who were willing to participate in the program. The City is monitoring the projects. The agreement requires maintenance of the improvement for seven years. After weighing the negative reaction from participants and the cost and effort to record the agreement versus the amount of the City's contribution, the decision was made not to record the agreement against the property. If a property owner moves within the seven -year term of the agreement, the City will contact the new property owner to discuss the water quality improvement. MOTION: of LaComb, seconded by Bergman, approving the Water Quality Improvement Cost Share Program Agreement with Jennifer and Pascal Dalseth for shoreline buffer, in the amount of 500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. QUARRY POINT ATHLETIC COMPLEX Councilmember Bergman clarified for the public why the Fire Department remodeling project is being referenced in connection with the Quarry Point Athletic Complex final payment. He noted that the remodeling project was bid with the athletic complex in order to take advantage of economies of scale and receive preferred bidding. MOTION: of Goodwin, seconded by LaComb, accepting Quarry Point Park Athletic Complex as complete and authorizing final payment on the contract with Ebert Construction, in the amount of $149,180.06. Ayes - 5 - Nays - 0. 2010 EMPLOYEE PAY AND BENEFIT PLAN Councilmember Goodwin pointed out the 2010 Employee Pay and Benefit Plan includes no increase in wages for three- fourths of the City's employees. The City is still bargaining with two unions. He thanked the employees and said he appreciates the fact the employees understand what a difficult time it is. Mayor Hamann- Roland said the Council appreciates the employees are willing to do more with less during this difficult economic time. Councilmember Grendahl added that the City Attorney's and City Engineer's offices have also kept their rates flat for 2010 and thanked them as well. MOTION: of Goodwin, seconded by Mayor Hamann- Roland, adopting Resolution No. 2009 -204 approving and implementing the 2010 Employee Pay and Benefit Plan. Ayes -5- Nays -0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 6 ORDINANCE AMENDING FEES CONTAINED IN CITY CODE The City Clerk gave the second reading of the ordinance amending the Fee Schedule Appendix of Title III of the City Code. Fee adjustments are proposed for City fees and materials, consultant services, building inspections and permits, licenses and permits, and utility fees. The fees would be effective January 1, 2010. She noted the proposed rates more accurately reflect the City's costs. Some changes were recommended as a result of the fee study and some were increased according to the annual Engineering News Record Construction Cost Index. She clarified there are no new building inspection fees. The proposed fee schedule uses fixed fees for certain items, instead of a fee based or calculated on valuation. This item was tabled at the Council meeting on December 10, 2009. No comments from the public have been received. MOTION: of LaComb, seconded by Bergman, passing Ordinance No. 873 amending the Fee Schedule Appendix of Title III of the City Code by adjusting certain fees and charges effective January 1, 2010. Ayes - 5 - Nays - 0. ORDINANCES AMENDING SETBACKS, BUILDING COVERAGE, AND YARDS Ms. Bodmer gave the first reading of the ordinances amending Chapters 154 and 155 of the City Code regulating building coverage, public right -of -way, setback definitions, and landscape yard requirements. The amendments address impacts to properties resulting from the upcoming Cedar Avenue reconstruction project, but will apply to properties throughout Apple Valley. The City is the petitioner on this request. She noted 17 properties will have code compliance issues and 11 business signs will need to be relocated as a result of the Cedar Avenue project. She then gave a brief overview of the Cedar Avenue reconstruction project. The right -of -way or highway easements Dakota County requires for this improvement impacts the setback on certain properties along Cedar Avenue. On December 16, 2009, the Planning Commission held a public hearing on the amendments and voted unanimously to recommend approval of the ordinance amendments. Because a public hearing has already been held, staff is recommending waiving the procedure for a second reading. MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 874 amending Chapter 155 of the City Code entitled Zoning, regarding definitions and building setback requirements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by LaComb, waiving the procedure for a second reading and passing Ordinance No. 875 amending Chapter 155 of the City Code entitled Zoning, regarding landscaping. Ayes - 5 - Nays - 0. MOTION: of LaComb, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 876 amending Chapter 154 of the City Code entitled Sign Regulations, regarding definitions. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 7 Councilmember LaComb clarified that the road accesses identified to be closed during the presentation were alternate accesses, and that all of the businesses mentioned will still have a primary access. Ms. Bodmer stated that only the private driveways will be closed; the street accesses will remain open. ORDINANCE AMENDING BUILDINGS; CONSTRUCTION Mr. Blomstrom gave the first reading of the ordinance amending Chapter 150 of the City Code regulating building construction. The Apple Valley Code of Ordinances adopts the Minnesota State Building Code by reference. Certain sections of the Minnesota State Building Code have recently been renumbered. The amendment updates the City Code to reflect these changes. Staff is recommending waiving the second reading. MOTION: of Goodwin, seconded by LaComb, waiving the procedure for a second reading and passing Ordinance No. 877 amending Sections 150.01 and 150.04 of the City Code by renumbering state statute references. Ayes - 5 - Nays - 0. MUNICIPAL LEGISLATIVE COMMISSION (MLC) MEMBERSHIP Mr. Lawell said in 1993 the City joined the Municipal Legislative Commission (MLC), an organization that does advocacy work at the Legislature for 14 similar suburban communities. The MLC requires its member cities to provide notice of withdrawal by September 15 of the prior year. The Council discussed its membership in the MLC at its meeting on September 10, 2009. At that time, the Council had not gone through its detailed budget discussions. In order to reserve the City's option to withdraw, the Council adopted a resolution notifying the MLC of its decision to withdraw from the organization effective January 1, 2010. The budget process concluded on December 10, 2009, and the 2010 budget includes funding for the MLC. Staff is looking for clarification regarding the Council's intent on participation in MLC for 2010. Councilmember Grendahl presented a list of organizations the MLC's law firm represents. She is concerned there may be potential conflicts. She asked the City Attorney what a conflict would be for his law firm. City Attorney Dougherty said generally it would be when the law firm's interest in trying to advocate a position for the City of Apple Valley would be in conflict with a potential aspect of something else the law firm is handling or that the City may be faced with. Councilmember Grendahl stated she sees conflicts of interest in the list of organizations represented and will not support membership in the MLC. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 8 Councilmember Goodwin said he had a long and serious discussion with two members who represent the MLC. He agreed the City needs to watch closely to ensure there is not a conflict of interest. The City Administrator and Mayor interface with the MLC the most and it is incumbent upon them to continue to watch this. He likes this organization because they provide the City good information and they provide different information than the other two organizations that represent the City. Mayor Hamann- Roland said each year the Municipal Legislative Commission Board of Directors reviews the entities the law firm of Messerli & Kramer, P.A., represents. This was discussed at the last MLC meeting as well as during the law firm's evaluation. She said the MLC Board is actively engaged in reviewing whether or not there is a conflict. All the members want to ensure there is not a conflict of interest. Councilmember Grendahl believes that based on the City Attorney's definition there are already conflicts. She then questioned the law firm's fees. She asked if the rate is hourly and how it is determined. Mr. Lawell said that according to the Joint and Cooperative Agreement, Messerli & Kramer is paid a flat retainer. Councilmember Bergman said he had a conversation with Mr. Tom Poul, who indicated the only city who had dropped its MLC membership was Roseville. However, he believes they are now planning to rejoin. He hopes all the cities are on the same page and suggested that every six months the MLC provide the Councils of each member community an update as to what the organization has accomplished. He noted two of the MLC's legislative priorities are transportation and TIF districts which are also priorities for the City of Apple Valley. He does not want to be known as a community who is unwilling to pay for benefits it is receiving, as some communities have done with other issues. He thinks the City should continue its membership, but watch the situation more closely. Councilmember Goodwin noted the League of Minnesota Cities and Metro Cities Association also bill communities based on their population. The MLC Board had discussions with the attorney and those discussions must continue. He is going to be very alert to it as well. He does not want to be paying for someone who ends up lobbying for a position which is adverse to the City. Councilmember Grendahl asked if other organizations have had strong discussions with this firm regarding this matter. Mayor Hamann- Roland said the Board of Directors has discussed the law firm's representation of the different groups and is satisfied at this point. She noted the other cities are opting to stay in this particular organization because of its value. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 9 Mr. Lawell clarified that Apple Valley was the only city who submitted notification to the MLC of its intent to withdraw from the organization in 2010. Mayor Hamann -Roland stated the Board is keeping its eye on the situation. It also told the MLC representatives they wanted to make sure they monitor it very, very closely. Mr. Lawell explained how the dues for the MLC are calculated. He added that the organization is looking at reducing the cap on its dues. The City knows the 2010 dues will not be any more than $10,500 and it may be less. Mayor Hamann- Roland said the MLC wanted to be sensitive to the economic hard times and be responsive to its member cities. Councilmember Grendahl pointed out this is not the only lobbying group the City belongs to. She suggested the City also look at its membership in the National League of Cities. She pointed out the City of Burnsville recently dropped its membership with them. She recommended the Council look at all of its lobbying organizations. She questioned travel costs as well as the expenses associated with the time people are spending with these organizations. Mayor Hamann- Roland said the only fee for the MLC is the annual dues. Councilmember LaComb stated she can see the potential for conflicts of interest when looking at the list or organizations this law firm represents. She believes it needs to be balanced with the need to share information. Unfortunately, fewer and fewer private citizens go to the capitol to share their experiences and express their needs. If the list of organizations this law firm represented was a resume, it may be looked at differently. If these entities think this is a respected or experienced lobbying firm, it may be a firm you want to look at. Because the City belongs in a group of 14, it is able to share the cost. Whereas, if Apple Valley were to go out on its own and hire a lobbyist, it would end up with a lobbyist with less experience, less knowledge, and less time to spend than a larger firm. She prefers being part of a group that is working together for common interests. Councilmember Grendahl pointed out the City belongs to the League of Minnesota Cities, Metro Cities, and other organizations and has not gone out on our own. Mayor Hamann -Roland said the City receives information from the Municipal Legislative Commission on a weekly and sometimes daily basis. They are a great information source. The City gets current information on what is happening at the Legislature so it can respond. She said they are and will continue to pay attention to the various groups the law firm represents. MOTION: of Goodwin, seconded by LaComb, adopting Resolution No. 2009 -205 approving maintaining membership in the Municipal Legislative Commission (MLC). Ayes - 4 - Nays - 1 (Grendahl). CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2009 Page 10 COUNCIL COMMUNICATIONS Councilmember Bergman wished everyone happy holidays. He stated there is a fascinating 30- minute holiday display with more than 55,000 outside lights and music at 7877 131st Street. Mayor Hamann- Roland thanked the Fire Department for their work at Augustana's Senior Villa and for ringing the Salvation Army bell at Cub Foods. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk's memo dated December 18, 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, on the check register dated December 16, 2009, in the amount of $1,779,671.83. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by LaComb, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:55 o'clock a.m. Respectfully Submitted, Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on l -14-10