HomeMy WebLinkAbout08/11/2011 CITY OF APPLE VALLEY
Dakota County, Minnesota
August 11, 2011
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held August 11, 2011, at 8:00 o'clock p.m., at Apple Valley Municipal Center.
PRESENT: Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw.
ABSENT: Mayor Hamann- Roland.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Public Works Director Blomstrom, Associate City Planner Dykes, Assistant
City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director Johnson,
Police Chief Johnson, City Planner Lovelace, City Engineer Manson, Community Development
Director Nordquist, Police Captain Rechtzigel, and Fire Chief Thompson.
Acting Mayor Goodwin called the meeting to order at 8:01 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 - 4 - Nays - 0.
AUDIENCE
Acting Mayor Goodwin 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
Acting Mayor Goodwin 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 Grendahl, approving all items on the consent agenda with
no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting
of July 28, 2011, as written. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving a change in manager for Red Robin
International, Inc., d/b /a Red Robin America's Gourmet Burgers & Spirits, in
connection with the On -Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sales at 15660 Cedar Avenue, naming David Kieth Ohlsen as
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 11, 2011
Page 2
General Manager; as described in the City Clerk's memo dated August 8, 2011.
Ayes -4- Nays -0.
MOTION: of Bergman, seconded by Grendahl, authorizing a North Air Care helicopter to land
at and take off from Quarry Point Park during the hours of 7:00 a.m. and 1:00 p.m.
on August 13, 2011, as part of a public safety emergency response exercise. Ayes -
4- Nays -0.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2011 - 114 approving
the City's 2011- 2015 Capital Improvements Program (CIP). Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2011 - 115
authorizing application for Federal Transportation Enhancement Funds for
construction of North Creek Greenway Trail. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2011 - 116
establishing parking restrictions for American Legion Post 1776 "Four Corners
Party ". Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2011 - 117 approving
the Natural Resources Management Permit, with conditions, for Outlot B,
Eastwood Ridge 2nd Addition. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2011 - 118 approving
the Final Plat and Waiver of Subdivision Agreement for Eastwood Ridge 4th
Addition, waiving the requirement for a subdivision agreement, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the Police Liaison Services
Agreement with Independent School District 196, for the 2011 -2012 school year,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the Professional Services
Agreement with Automatic Systems Company for Supervisory Control and
Acquisition (SCADA) technical consultation and repairs, as attached to the Public
Works Utilities Superintendent's memo dated August 11, 2011, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the Encroachment Agreement with
Xcel Energy, in connection with AV Project 2009 -102, Whitney Pond Storm Water
Improvements, as attached to the City Engineer's memo dated August 11, 2011,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the License Agreement with Joseph
Gutenkauf and Peggy Sherman for easement encroachment at 948 Cortland Drive,
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 11, 2011
Page 3
as attached to the Associate City Planner's memo dated August 11, 2011, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the 36 -Month Lease Agreement
with Loftier Companies for multi - function copier services, as attached to the IT
Manager's memo dated August 5, 2011, and authorizing the City Administrator to
sign the necessary documents. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the Agreement with Mary
Natterstad and Jeff Wilderding and Brueggers Enterprises, Inc., for Installing Storm
Sewer, Repairing Intersection, and Adjusting Grade of Driveway on Pennock
Avenue, as attached to the Public Works Director's memo dated August 11, 2011,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract
with Max Steininger, Inc., for AV Project 2010 -134, Galaxie Pond Storm Water
Improvements, in the amount of an additional $20,658.98. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving Change Order No. 1 to the contract
with Killmer Electric Company, Inc., for AV Project 2011 -135, Traffic Control
Signal System Repairs, in the amount of an additional $41,718.50. Ayes - 4 - Nays
- 0.
MOTION: of Bergman, seconded by Grendahl, accepting AV Project 2011 -121, 2011 Traffic
Control Signal System Painting, as complete and authorizing final payment on the
contract with Budget Sandblasting & Painting, Inc., in the amount of $3,995.00.
Ayes -4- Nays -0.
MOTION: of Bergman, seconded by Grendahl, accepting AV Project 2011 -118, 2011
Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and
Decorative Light Poles, as complete and authorizing final payment on the contract
with Champion Coatings, Inc., in the amount of $58,476.00. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, accepting AV Project 2011 -124, 2011
Reconditioning and Painting of Hydrants, as complete and authorizing final
payment on the contract with OLS Restoration, Inc., in the amount of $19,382.10.
Ayes -4- Nays -0.
END OF CONSENT AGENDA
ABANDONED AND IMPOUNDED VEHICLE ORDINANCE AMENDMENT AND POLICY
Ms. Gackstetter gave the second reading of an ordinance amending Chapter 90 of the City Code
regulating abandoned vehicles and impoundment of vehicles. The recommended changes will
reduce costs and improve efficiencies and accountability. The three main changes being proposed
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 11, 2011
Page 4
are allowing first notices of impoundment to be sent by regular mail, eliminating the requirement
for vehicles to be sold prior to a time when towing charges equal the value of the vehicle, and
adding a requirement that the towing contractor implement and comply with all City ordinances
and policies regulating abandoned vehicles and impoundment of vehicles. The ordinance
amendment was prepared by the City Attorney. No comments have been received following the
first reading.
Ms. Gackstetter said staff is also seeking Council approval of the Disposal of Impounded Vehicles
Policy. The ordinance references a requirement for the towing contractor to comply with the
regulations set forth in a policy duly adopted by the City. The procedures were reviewed by the
City Attorney, and are in conformance with State Statute.
MOTION: of Grendahl, seconded by Hooppaw, passing Ordinance No. 923 amending
Chapter 90 of the City Code regulating abandoned vehicles and impoundment of
vehicles. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Grendahl, approving the Disposal of Impounded
Vehicles Policy. Ayes - 4 - Nays - 0.
ELECTRONIC SOUND EQUIPMENT ORDINANCE AMENDMENT
Mr. Lovelace gave the second reading of an ordinance amending Chapter 130 of the City Code
regulating electronic sound system or audio equipment. The amendment provides clarification for
the City's enforcement officials. In early July, staff sent a letter to all restaurants in the City with
outdoor dining areas to make them aware of the proposed changes. The City received one call
asking for clarification. Mr. Lovelace stated the ordinance applies to all properties. The ordinance
amendment was prepared by the City Attorney. No comments have been received following the
first reading.
MOTION: of Grendahl, seconded by Bergman, passing Ordinance No. 924 amending Chapter
130 of the City Code regulating electronic sound system or audio equipment. Ayes
-4- Nays -0.
APPOINT PARKS AND RECREATION ADVISORY COMMITTEE YOUTH REP
Mr. Randy Johnson said a vacancy currently exists for the Youth Representative on the Parks and
Recreation Advisory Committee. An application was received from Ms. Katherine Wright. Mr.
Johnson said Ms. Wright would be an excellent candidate. She is qualified and is very interested
in serving on the Parks and Recreation Advisory Committee.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2011 - 119 appointing
Katherine Wright Youth Representative to the Parks and Recreation Advisory
Committee for a term expiring March 1, 2013. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 11, 2011
Page 5
STAFF COMMUNICATION
Mr. Blomstrom provided an update on the Cedar Avenue transitway construction project.
Fire Chief Thompson provided details regarding a public safety emergency response exercise
scheduled for August 13, 2011.
COUNCIL COMMUNICATIONS
Councilmember Grendahl commented on the good participation in "Night to Unite" and thanked
everyone involved.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as
included in the City Clerk's memo dated August 8, 2011, 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 Grendahl, to pay the claims and bills, check registers
dated August 3, 2011, in the amount of $300,583.48; and August 10, 2011, in the
amount of $2,280,972.28. Ayes - 4 - Nays - 0.
MOTION: of Grendahl, seconded Hooppaw, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 8:28 o'clock p.m.
Respectfully Submitted,
f ime1a- C a cJ�ot j
Pamela Gadcstetter i
C ty Clerk
Approved by the Apple Valley City Council on g ' 2 � / i.