HomeMy WebLinkAbout01/13/2011 CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held January 13th, 2011, at 8 :00 o'clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann- Roland; Councilmembers Bergman, Goodwin, Grendahl, and
Hooppaw.
ABSENT: None.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Hills, Public Works Director Blomstrom, Assistant City Administrator Grawe, Finance
Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner
Lovelace, City Engineer Manson, Police Captain Marben, Community Development Director
Nordquist, Human Resources Manager Pearson, Department Assistant Perkins Monn, Sports
Arena Manager Pietig, Police Captain Rechtzigel, Fire Chief Thompson, and Golf Manager
Zinck.
Others Present: Parks and Recreation Advisory Committee Member Strom.
City Clerk Gackstetter administered Oaths of Office to Mayor Hamann -Roland and
Councilmembers Bergman and Hooppaw, who were elected November 2, 2010, for a four -year
term expiring December 31, 2014.
Mayor Hamann -Roland called the meeting to order at 8:06 p.m. Everyone took part in the
Pledge of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Hooppaw, 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. 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 Goodwin, seconded by Bergman, approving all items on the consent agenda
with no exceptions. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Page 2
MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting
of December 21, 2010, as written. Ayes - 3 - Nays - 0 - Abstain - 2 (Grendahl and
Hooppaw).
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -1 accepting,
with thanks, the donation of table tennis table, from Terri Jimerson, for use at the
Apple Valley Teen Center. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -2 accepting,
with thanks, the donation of a 1989 Dodge Pickup, from Raymond T. Holm, Jr.,
for use by the Fire Department in training. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -3 accepting,
with thanks, the donation of a 1995 Pontiac, from Matthew T. Muller, for use by
the Fire Department in training. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -4 accepting,
with thanks, the donation of a 2000 Chevrolet, from David L. Nelson and
Marjorie R. Nelson, for use by the Fire Department in training. Ayes - 5 - Nays -
0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -5 approving
issuance of an off -site gambling permit, by the State Gambling Control Board, to
Apple Valley Hockey Association, for use on January 20, 2011, and waiving any
waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling
permit to conduct excluded bingo, by the State Gambling Control Board, to
Eastview Lightning Touchdown Club, for use on February 27, 2011, and waiving
any waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2011 License to
Collect Refuse, to Troje's Trash Pickup, Inc., as described in the City Clerk's
memo dated January 10, 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2011 Coin -
Operated Amusement Devise License, to National Entertainment Network, Inc.,
at Rainbow #8828, 15125 Cedar Avenue, as described in the City Clerk's memo
dated January 10, 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a new 2011 Coin -
Operated Amusement Devise License, to Theisen Vending, Inc., at Americlnn,
15000 Glazier Avenue, as described in the City Clerk's memo dated January 10,
2011. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Page 3
MOTION: of Goodwin, seconded by Bergman, approving renewal and issuance of Coin -
Operated Device Licenses, Fuel Dispensing Facility Permits, Precious Metal
Dealer Licenses, and Refuse Collection Licenses for 2011 as listed in the
attachment to the City Clerk's memo dated January 10, 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -6 setting a
public hearing, at 8:00 p.m., on February 10, 2011, on the application for On -Sale
Wine and 3.2 Percent Malt Liquor Licenses by Spoon, Inc., d/b /a Spoon. Ayes - 5
- Nays -0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -7 designating
Apple Valley- Rosemount Thisweek as the official newspaper of the City for the
year 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -8 designating
Anchor Bank of Apple Valley as the official depository for City funds for the year
2011 and accepting its deposit collateral. Ayes - 4 - Nays - 0 - Abstain - 1
(Hooppaw).
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -9 designating
additional depositories and financial security dealers for City funds for the year
2011: Wells Fargo Securities, LLC; Northland Securities, Inc.; RBC Capital
Markets Corporation; Robert W. Baird & Co., Inc.; Sterne Agee & Leach, Inc.;
and US Bank. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 -10 appointing
Northland Securities, Inc., as the City's financial advisor for the year 2011. Ayes
-5- Nays -0.
MOTION: of Goodwin, seconded by Bergman, approving 2011 fees for Valleywood Golf
Course and Ice Arenas; and granting the Parks and Recreation Director or
designee to adjust golf course fees for promotions, as described in the Parks and
Recreation Director's memo dated January 10, 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, authorizing the distribution of various
promotional materials for use at the high schools' senior class parties, as
described in the Parks and Recreation Director's memo dated January 21, 2011.
Ayes -5- Nays -0.
MOTION: of Goodwin, seconded by Bergman, approving continuation of the
Commission/Committee Recognition Program, allowing each non -staff member
of the Cemetery Advisory Committee, Parks and Recreation Advisory
Committee, Planning Commission, Traffic Safety Advisory Committee, and
Urban Affairs Advisory Committee to receive up to $720.00 of parks and
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Page 4
recreation services, for 2011, as described in the Park and Recreation Director's
memo dated January 21, 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving notification to MnDOT regarding
Trunk Highway 77 Corridor Managed Lanes Study as attached to the Public
Works Director's memo dated January 13, 2011, and authorizing the Mayor to
sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Resolution No. 2011 -11
approving temporary extended hauling hours to Fischer Sand and Aggregate,
LLP, for snow hauling. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving a Lease Agreement with
Bonestroo, Inc., for office space at Central Maintenance Facility, as attached to
the Public Works Director's memo dated January 13, 2011, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with
the City of Burnsville for construction of Whitney Pond as attached to the Public
Works Director's memo dated January 13, 2011, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Professional Services
Agreement with Midwest Electrical Technologies, Inc., for inspection of electrical
installations as attached to the Building Official's memo dated January 13, 2011,
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. 1 to the
agreement with BCI Burke Company, LLC, with a deduction of $68.75; and
accepting Playground Structure — Faith Park as complete and authorizing final
payment in the amount of $59,930.35. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the
agreement with BCI Burke Company, LLC, with a deduction of $48.13; and
accepting Playground Structure — Galaxie Park as complete and authorizing final
payment in the amount of $24,950.99. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the
agreement with Lakes Mechanical Services, Inc., with a deduction of $1,490.00;
approving the revised substantial completion date, and accepting EECBG Grant
Sports Arena Boiler Replacement as complete and authorizing final payment in
the amount of $196,510.00. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, accepting AV Project 2010 -136, Foliage
Avenue & 153rd Street Intersection Improvements, as complete and authorizing
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Page 5
final payment on the contract with McNamara Contracting, Inc., in the amount of
$21,531.25. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, accepting EECBG Grant Lighting Retrofits
as complete and authorizing final payment on the contract with Premium
Electrical Services, LLC, in the amount of $6,592.65. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, accepting EECBG Grant Building HVAC
Improvements as complete and authorizing final payment on the contract with
UHL Company Inc., in the amount of $8,702.50. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, appointing Mayor Hamann -Roland and
Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief
Association Board of Trustees, for the year 2011. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the resignation of employee, as
listed in the Personnel Report dated January 13, 2011. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
2011 ACTING MAYOR
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2011 -12 appointing
Councilmember Goodwin to serve as Acting Mayor, in the absence of the Mayor,
for the year 2011. Ayes - 5 - Nays - 0.
Mayor Hamann -Roland thanked Councilmember Goodwin for his service and the good job he
has done as Acting Mayor in the past.
COUNCIL COMMITTEE AND BOARDAPPOINTMENTS
Mr. Lawell said each January staff reviews the various boards, committees, and commissions on
which the Mayor and Council Members serve. With Sharon LaComb's departure, there are
currently two vacancies. Staff is recommending the Council consider and make appointments
for the Director or representative to serve on the Minnesota Valley Transit Authority (MVTA)
Board and the Alternate Director for the Dakota Communications Center (DCC) Board.
MOTION: of Goodwin, seconded by Bergman, appointing Councilmember Hooppaw to the
Minnesota Valley Transit Authority Board of Directors. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, appointing Councilmember Bergman
Primary Director and Councilmember Hooppaw Alternate Director to the Dakota
Communications Center (DCC) Board, and appointing the City Administrator
DCC Executive Committee Member, the Assistant City Administrator DCC
Executive Committee Alternate Member, the Police Chief DCC Police Operations
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Page 6
Committee Member, and the Fire Chief DCC Fire Operations Committee
• Member, for 2011. Ayes - 5 - Nays - 0.
ORDINANCE AMENDING FEE SCHEDULE FOR BUILDING INSPECTIONS /PERMITSe
Mr. Blomstom said on December 21, 2010, the City Council passed an ordinance regulating
electrical inspections and permits. He said that action was taken for three primary benefits:
improve customer service, control the quality of the process, and maintain low fees. The
ordinance presented this evening establishes the fees. He noted the State is currently considering
raising its fees 15 to 17 percent. The fees in the ordinance amending the Fee Schedule Appendix
of Title III of the City Code would keep the fees at their current level. This would result in a cost
savings to Apple Valley's business and residents requiring electrical permits and inspections. He
said staff is recommending waiving the second reading.
MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading
and passing Ordinance No. 910 amending the Fee Schedule Appendix of Title
III, Chapter 35, of the City Code by adjusting certain fees and charges under
"Inspections and Permits" and establishing fees for electrical permits and
inspections. Ayes - 5 - Nays - 0.
STAFF COMMUNICATIONS
Mr. Lawell reminded residents that the City is currently accepting applications for the Planning
Commission vacancy. Individuals interested in applying should submit a completed application
to the City Clerk by January 21, 2011.
CALENDAR OF UPCOMING EVENTS
MOTION: of Bergman, seconded by Grendahl, approving the calendar of upcoming events
as included in the City Clerk's memo dated January 13, 2011, 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 Goodwin, seconded by Bergman, to pay the claims and bills, check registers
dated December 22, 2010, in the amount of $601,548.32; December 29, 2010, in
the amount of $927,623.75; January 5, 2011, in the amount of $506,777.51; and
January 12, 2011, in the amount of $1,202,922.74. Ayes - 5 - Nays - 0.
CLOSE MEETING, LABOR NEGOTIATIONS
City Attorney Hills 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.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 13, 2011
Page 7
MOTION: of Grendahl, seconded by Goodwin, to enter into a closed meeting and convene in
closed session to discuss LELS Police Officers and AFSCME union labor
negotiations. Ayes - 5 - Nays - 0.
The Council convened in the Regent Conference Room at 8:27 p.m. In attendance were Mayor
Hamann- Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; City
Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Strauss; Police Chief
Johnson; Police Captains Marben and Rechtzigel; Public Works Director Blomstrom; and Parks and
Recreation Director Johnson. The meeting was tape recorded as required by law. The Council
reconvened in open session at 9:03 p.m.
MOTION: of Hooppaw, seconded by Grendahl, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:04 o'clock p.m.
Respectfully Submitted,
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council on 1-21-1\ .