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HomeMy WebLinkAbout09/23/2004CITY OF APPLE VALLEY Dakota County, Minnesota September 23 , 200 4 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 23rd , 200 4 , at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Ma yor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin , and Grendahl . ABSENT: None . City staff members present were: City Administrator Lawell, City Clerk Mueller, City Attorney Hills , City Engineer Fick , Assistant to the City Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Lohse, City Planner Lovelace, and Human Resources Manager Strauss . Mayor Hamann - Roland called the meeting to o rder at 8:00 p.m. Everyone took part in the pledge of allegiance to the flag . APPROVAL OF AGENDA MOTION: of Erickson , seconded by Grendahl , approving the agenda for tonight’s meeting as amend e d . 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 was present to speak. CONSENT AGENDA MOTION: of G oodwin , seconded by Bergman , approving all items on the consent agenda with no exceptions . Ay es - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of G oodwin , seconded by Bergman , approving the minutes of the regular meeting of September 9 t h , 200 4 , as written. Ayes - 5 - Nays - 0 . MOTION: of G oodwin , seconded by Bergman , proclaiming October 3 - 9, 200 4, as “Financial Planning Week” in support of the Financial Planning Association’s promotion of financial literacy and personal financial responsibility . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 85 MOTION: of G oodwin , seconded by Bergman , adopting amend ing Resolution No. 2004 - 11 by designating PiperJaffray and Brookstreet Securities as additional depositories for City funds for 2004 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2004 Page 2 Resolution No. 2004 - 186 MOTION: of G oodwin , seconded by Bergman , a dopting appointing judges for the November 2, 2004, General Election in the City, as listed in the resolution, and setting hourly wages for their time worked . Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving extension of the License Agreement with St. Paul Growers Association, Inc., to operate a farmers market at the Municipal Center parking lot (Lot 2, Block 1, Western Service Center), through October 30, 2004, as described in the City Administrator’s memo dated September 20, 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 187 MOTION: o f Goodwin, seconded by Bergman, adopting approving 2004 Special Assessment Roll No. 529, for hearing purposes, in the total amount of $2,457,858.00 for public improvements, and setting the public hearing, at 8:00 p.m., on October 28 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 18 8 MOTION: of Goodwin, seconded by Bergman, adopting approving 2004 Special Assessment Roll No. 530, for hearing purposes, in the total amount of $74,758.63 for delinquent utilities, and setting the public hearing, at 8:00 p.m., on October 28, 2004. Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 8 9 MOTION: of Goodwin, seconded by Bergman, adopting approving 2004 Special Assessment Roll No. 5 31 , for hearing purposes, in the total amount of $ 3 , 470.00 for delinque nt false alarm charges, and setting the public hearing, at 8:00 p.m., on October 28 , 2004. Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , approving a ReLeaf Grant Agreement with the Minnesota Department of Natural Resources for oak wilt co ntrol funding, in the amount of $8,000.00 from July 1, 2004, th rough June 9 , 2005 ; as attached to the Natural Resources Coordinator ’s memo dated September 23 , 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: o f G oodwin , seconded by Bergman , a pproving the Subrecipient Agreement with Dakota County Community Development Agency for administering Community Development Block Grant (CDBG) funds for supportive housing as attached to the Community Development Director’s memo dated September 17 , 2004 , and authorizing the City Administrator to execute the necessary documents . Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, amending the 2004 annual excavation permit for commercial sand and gravel mining oper ations by Fischer Sand & Aggregate, LLP, approved February 12, 2004; to allow operation on Saturdays, from 7:00 CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2004 Page 3 a.m. to 5:00 p.m., in the area east of Pilot Knob Road , as described in the Community Development Director’s memo dated September 17 , 2004. Aye s - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , approving reduction of financial guarantees for Browning Complex, from $2,000.00 to 0, and Palomino East NRMP, from $29,812.50 to 0 . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 90 MOTION: of G oodwin , seconded by Bergman, adopting awarding the contract for Project 02 - 196, Legacy of Apple Valley North Utility and Street Improvements, to Frontier Construction Company, Inc., the low bidder, in the amount of $1,697,172.07 . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 91 MOTION: of G oodwin , seconded by Bergman , adopting a warding the contract for Project 03 - 239, Galaxie Avenue Reconstruction 151st to 157th Streets, to McNamara Contracting, Inc., the low bidder, in the amount of $1,301,355.01 . Ayes - 5 - Na ys - 0. MOTION: of G oodwin , seconded by Bergman , a pproving an Agreement with Wenzel Plumbing & Heating, Inc., for Drinking Fountain Installation at Valleywood Golf Course, at a cost of $12,900.00, as attached to t he P arks and Recreation Director’s memo da ted September 16 , 2004 , and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement with STDEA Readers, Inc., for Meter Reading Services from October 7, 2004, through Oct ober 5, 2006, as attached to the Public Works Superintendent’s memo dated September 23, 2004, 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. 2 to the con tract with Ryan Contracting Co. for Project 02 - 214, Dahle Oaks Utility and Street Improvements, in the amount of an additional $9,937.30 for Project 03 - 240, North Farquar Lake Sanitary Sewer. Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , a ccepting work for Cured In Place Pipe Repairs on Dunbar Avenue as final and authorizing final payment on the contract with Infrastructure Technologies, Inc ., in the amount of $1 9,860 .00 . Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , a cce pting installation of Playground Equipment at Summerfield Park as final and authorizing final payment on the CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2004 Page 4 contract with Earl F. Andersen, Inc., in the amount of $34,9 8 2. 23 . Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman , a pproving a Cons ulting Service s Agreement with Dakota Worldwide, Inc., to p rovide liquor store location analysis, at a cost of $7,500.00 plus expenses, at attached to the City Administrator’s memo dated September 20, 2004, and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. MOTION: of G oodwin , seconded by Bergman, approving hiring Brandi Larson for the position of Accounting Technician I as listed in the Personnel Report dated September 2 3, 2004. Ayes - 5 - Nays - 0. MOTION: of G oodwin , seco nded by Bergman , approving hiring the part - time and seasonal employees as listed in the Personnel Report dated September 23 , 2004. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROCLAIM DECA WEEK Christine Grether and Shana Secory, President of Apple Vall ey High School Distributive Education Clubs of America (DECA), were present and described activities planned to promote their organization during the week of October 10th. One of their goals is to make students aware of careers and opportunities available to them after graduation . MOTION: of Erickson, seconded by Grendahl, proclaiming October 10 - 16, 2004, as “National DECA Week” in recognition of the organization’s promotional efforts of educational benefits and opportunities. Ayes - 5 - Nays - 0. PROCL AIM FIRE PREVENTION WEEK Deane Running, Fire Marshal, was present and reviewed activities the Fire Department will be conducting during the week of October 3rd at elementary schools in the City. Public open houses will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 5th, at Fire Station No. 2 on October 6th, and at Fire Station No. 3 on October 7th, and everyone is invited . MOTION: of Grendahl, seconded by Bergman, proclaiming October 3 - 9, 2004, as “Fire Prevention Week” in support of t he Fire Department’s public safety efforts and urging all citizens to install smoke alarms and to plan and practice fire drills. Ayes - 5 - Nays - 0. PROJECT 04 - 258, HAZELWOOD ESTATES IMPROVEMENTS CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2004 Page 5 Mayor Hamann - Roland called the public hearing to order, at 8:11 p.m., to consider Project 04 - 258, Hazelwood Estates Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Fick reviewed the preliminary engineering report , dated August 18, 2004, and noted th at since the report was prepared the developer has opted to install the improvements privately but the pathways will be installed as a public project. The Mayor asked for questions or comments from the Council and the audience. There were none and the he aring was declared closed at 8:14 p.m. Resolution No. 2004 - 1 92 MOTION: of Goodwin , seconded by Bergman , adopting ordering installation of Project 04 - 258, Hazelwood Estates Utility and Street Improvement s . Ayes - 5 - Nays - 0. Resolution No. 2004 - 1 93 MOTION: of G rendahl , second ed by Erickson , adopting approving the final plat and Development Agreement for Hazelwood Estates and authorizing the Mayor and City Clerk to sign the same . Ayes - 5 - Nays - 0. SUMMERFIELD TOWNHOMES 2ND ADDITION M r . Lovelac e rev iewed the Planning Commission’s recommendation on the preliminary plat of Summerfield Townhomes 2nd Addition located at the southwest corner of 132nd Street and Galaxie Avenue. The subdivision is proposed with four two - unit townhome buildings on 1.7 acres completing development of the Myers property. To meet required setbacks from Galaxie Avenue for Lots 3 and 4, the triangular piece of property abutting Galaxie Avenue on the east is being acquired and will be incorporated into the plat. Councilmember Be rgman asked about the requirement for rain garden installation. Mr. Lovelace said two rain garden areas will be created to infiltrate the first half inch of rainwater. This is a new condition required now that was not required at the time of original pre liminary approval for the site in 2000. Resolution No. 2004 - 1 94 MOTION: of Erickso n , seconded by Goodwin , adopting approving the preliminary plat of Summerfield Townhomes 2nd Addition (replat of Outlot A, Summerfield Townhomes), with con ditions as recomme nded by the Planning Commission . Aye s - 5 - Nays - 0. Resolution No. 2004 - 195 MOTION: of Bergman, seconded by Grendahl, adopting approving the site plan and authorizing issuance of a building permit for construction of eight townhomes in Summerfield Town homes 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2004 Page 6 Resolution No. 2004 - 196 MOTION: of Grendahl, seconded by Erickson, adopting ordering preparation of a preliminary engineering feasibility report for Proje ct 04 - 266, Summerfield Townhomes 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. P LANNING COMMISSION VACANCY Mr. Lawell reviewed the memo dated September 20 , 2004, listing six applications received by the September 10, 2004, closing d ate for the vacancy on the Planning Commission. The Council received the applications and action on the appointment will be scheduled for the October 14, 2004, meeting . BUDGET REVIEW MEETINGS MOTION: of G rendahl , seconded by Goodwin , setting special inf ormal meetings for review of the proposed 200 5 B udget , at 6:00 p.m., on October 14 and 28, 2004, at the Municipal Center . Ayes - 5 - Nays - 0. PILOT KNOB ROAD EASEMENTS Mr. Heuer reviewed his memo d ated September 23 , 2004, describing Dakota County’s off er to purchase easements required for Pilot Knob Road reconstruction south of County Road 42 and construction of a transit station. The offer for Parcels 7 and 7A(288), adjacent to the future athletic complex; is $651,000 for permanent highway easement, t emporary construction easement and transit easement. The offer for Parcels 2 and 2A(289) , adjacent to the cemetery, is $1,000 for a temporary construction easement . Resolution No. 2004 - 197 MOTION: of Grendahl, seconded by Bergman, adopting accepting Dako ta County’s offer of $652,000.00 for acquisition of parcels along Pilot Knob Road, associated with County Project No. 31 - 47, contingent on the easement documents being reviewed by and satisfactory to the City Attorney. Ayes - 5 - Nays - 0. COMMUNICATIONS & CALENDAR The Council received a memo dated September 20 , 200 4 , with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Bergman , seconded by G oodwin , to pay the claims and bills, check registers dated September 1 5 , 200 4 , in the amount of $ 2 2 , 680,049.96 ; and September 23 , 2004, in the amount of $ 3,357,274.84 . Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 23, 2004 Page 7 CLOSE MEETING, LABOR NEGOTIATIONS M s . Hills reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the p rovisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Erickson , seconded by Bergman , to enter into a closed meeting and convene in closed session to discuss LELS Police Sergeants union labor negotiations. Ayes - 5 - Nays - 0. Th e Council convened in the Regent Conference Room at 8 : 4 0 p.m. In attendance were Mayor Hamann - Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; Human Resources Manager Strauss, City Administrator Lawell, City Clerk Mueller, Police Chief Joh nson , and Police Captain s Anglin and Lohse. The meeting was tape recorded as required by law. The Council reconvened in open session at 8 : 5 3 p.m. MOTION: of Goodwin , seconded by Erickson , to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8 : 54 o’clock p.m.