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HomeMy WebLinkAbout03/24/2005 CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 24th, 2005, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Molenda, City Engineer Gordon, Utilities Superintendent Blommel, Assistant Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, and Fire Chief Wassmund. Mayor Hamann-Roland called the meeting to order at 8:00 p.m. Everyone took part in the pledge of allegiance. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Grendahl, 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. No one was present to speak. CONSENT AGENDA MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of March 10, 2005, as written. Ayes - 5 - Nays - 0. Resolution No. 2005-44 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $2,500.00 from the Apple Valley American Legion Post 1776 for Parks and Recreation activities. Ayes - 5 - Nays - 0. Resolution No. 2005-45 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 2 Board, to MJM Foundation, for use on April 24, 2005, at Valley Middle School, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting a public auction and sale to dispose of unclaimed property and bicycles and surplus City property, on April 21, 2005, beginning at 5:00 p.m., at Central Maintenance Facility, as described in the City Clerk’s memo dated March 21, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the 2004 Telecommunications Advisory Committee Annual Report. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the 2004 Traffic Safety Advisory Committee Annual Report. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving exercising the option to purchase leased property from Dakota Energy Alternative, Inc., and authorizing staff to prepare and submit notification of the City’s intent to purchase the leased property, as described in the Public Works Director’s memo dated March 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Canine Program Memo of Understanding with LELS, Local 71, as attached to Police Captain Lohse’s memo dated March 21, 2005, and authorizing the Police Chief and Police Captain Lohse to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with the City of Burnsville for harvesting curlyleaf pondweed from Keller Lake, as attached to the Natural Resources Coordinator’s memo dated March 24, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2005 Conservation Partners – Environmental Partners Grant Application in the amount of $18,930, to fund a natural resources inventory and assessment of the City’s wooded park lands, and authorizing submittal to the Minnesota Department of Natural Resources. Ayes - 5 - Nays - 0. Resolution No. 2005-46 MOTION: of Bergman, seconded by Goodwin, adopting approving plans and specifications for the Municipal Center Lower Level Locker Facilities and Other Facilities Remodeling Project; and authorizing advertising for receipt of bids, at 10:00 a.m., on April 15, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-47 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Concrete Removal and Replacement Services to Ron Kassa CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 3 Construction, Inc., the low bidder, based on unit prices, in the total amount of $50,650.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Concrete Raising and Leveling Services with North Star Mudjacking, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated March 24, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Painting New Steel Fence Sections with Budget Sandblasting & Painting, Inc., in the total amount of $25,740.00, as attached to the Street Superintendent’s memo dated March 24, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Reconditioning Fence Post Supports with Budget Sandblasting & Painting, Inc., in an amount not to exceed $9,500.00, as attached to the Street Superintendent’s memo dated March 24, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Reconditioning Charleston Cast Aluminum Light Poles with Budget Sandblasting & Painting, Inc., in an amount not to exceed $11,000.00, as attached to the Street Superintendent’s memo dated March 24, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Chain Link Fence Improvements with Midwest Fence and Manufacturing Company in the total amount of $11,200.00, as attached to the Park Maintenance Superintendent’s memo dated March 14, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-48 MOTION: of Bergman, seconded by Goodwin, adopting approving the final plat and Subdivision Agreement for Egret Lodge, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2005 annual excavation permit for commercial sand and gravel mining operations by Aggregate Industries – North Central Region, Inc., as attached to the Community Development Director’s memo dated March 17, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the expenditure of $125,000.00 from the Park Dedication Fund for park shelter and building repair, landscaping, CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 4 trees, picnic tables and benches, asphalt overlays for park trails, concrete repair at Apple Valley Community Center, and other park equipment and improvements as described in the Parks and Recreation Director’s memo dated March 18, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing distribution of promotional materials for high school senior class parties as described in the Park and Recreation Director’s memo dated March 17, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving continuation of the Commission/Committee Recognition Program, allowing each individual to receive up to $720.00 of park and recreation services, for 2005, as described in the Park and Recreation Director’s memo dated March 18, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving appointing Troy Schesso as Fire Station 3 Engineer, as described in the Fire Chief’s memo dated March 14, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the promotion of Michael Endres to the position of Working Foreman, Parks Maintenance Division, as listed in the Personnel Report dated March 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Michael Cordes to the position of Maintenance Worker I, Streets Division, as listed in the Personnel Report dated March 24, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the part-time and seasonal employees listed in the Personnel Report dated March 24, 2005. Ayes - 4 - Nays - 0 – Abstain - 1 (Hamann-Roland). MOTION: of Bergman, seconded by Goodwin, approving hiring Bradley Kolle to the position of Maintenance Worker I, Streets Division, as listed in the Personnel Report dated March 24, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT GRANT Mr. Brian McDaniel, Metropolitan Council Member for District 16, and Mr. Chris Moates, Metropolitan Council Sector Representative for Region 15, were present to award the City a Livable Communities Demonstration Account (LCDA) Grant. Mr. McDaniel said this is the third Metropolitan Council grant received for the Central Village project. Approximately $7.5 million in grants were awarded in 2005, with the grant awarded to Apple Valley, in the amount of CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 5 $2,356,244.00, being the largest. The grant is for a portion of the 326-space underground parking facility in the central block of Harmony Commons, located on the west side of Galaxie Avenue and 153rd Street. Mr. McDaniel cited some of the reasons this project was selected including: its cost-effective use of infrastructure, the increased density, it converted underutilized land to accommodate the growth forecast, it minimized surface parking and building setbacks, it was grounded in market realities, it had a developer on board, and financial commitments were in place. He thanked staff for their work on the project, and then presented the Council with a Certificate awarding the LCDA grant to the City. 2004 SANITARY SEWER MASTER PLAN UPDATE Ms. Blommel presented an overview of the 2004 Comprehensive Sanitary Sewer Plan, as attached to her memo dated March 24, 2005. The Metropolitan Council of Environmental Services (MCES) requires the City to provide periodic updates. It was prepared by Bonestroo, Rosene, Anderlik & Associates and updates the 1992 Comprehensive Sanitary Sewer Plan. The Plan inventories existing facilities and is a guide for the expansion of the trunk sewer system. Ms. Blommel said the MCES and neighboring communities reviewed the Plan, and a public hearing was held at the Planning Commission meeting on March 16, 2005. Resolution No 2005-49 MOTION: of Erickson, seconded by Grendahl, adopting approving the 2004 Comprehensive Sanitary Sewer Plan amending the Utilities Chapter of the Comprehensive Guide Plan, as recommended by the Planning Commission, and authorizing submittal to the Metropolitan Council. Ayes - 5 - Nays - 0. FIBER OPTIC NETWORK JOINT POWERS AGREEMENT Mr. Grawe reviewed his memos dated March 24, 2005, regarding the Joint Powers Agreement with Independent School District (ISD) 196 and other governmental agencies to jointly install a fiber optic network. The City began replacing its leased T1 lines with fiber optic lines in 2004. The first phase was connecting the Municipal Center to the Dakota County Western Service Center. The second phase involved interconnecting City facilities, and was to take place over the next three to five years. When ISD 196 indicated its intention to install its own network this summer, discussions began regarding opportunities for collaborating on the project and potential cost sharing by installing fibers in the same locations at the same time. Participating in the joint installation would result in a substantial cost savings to the City, and would accelerate the implementation schedule. The Cities of Burnsville and Eagan, Dakota County, and ISD’s 192 and 194 are also participating in the Joint Powers Agreement. ISD 196 would solicit and bid the project for the Joint Powers Agreement, but the City would maintain the right to accept or reject its portions of the project costs once the bids are received, as well as the right to choose which fiber runs, if any, in which it would like to participate. ISD 196 will have title to the personal property acquired to install the infrastructure, but actual ownership of the individual fibers will be with the individual parties. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 6 The City’s current cost to lease its T1 lines is $2,200 per month. With the City’s portion of the project estimated to cost under $200,000, the expected return on investment is less than eight years. The 2005 Budget includes $80,000 for this project. Mr. Grawe said trenches will be placed in the right of way, but may impact property owners who have established plantings in this area. Mayor Hamann-Roland asked if homeowners will be notified in advance of the work. Mr. Grawe said he would check with ISD 196 to see what their intentions are regarding notification. MOTION: of Erickson, seconded by Grendahl, approving the Joint Powers Agreement for the Development of a Fiber Infrastructure with Independent School Districts 196, 192, and 194, the Cities of Eagan and Burnsville, Dakota County, and the State of Minnesota, or substantially similar agreement subject to approval by the City Attorney and City Administrator, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CEMETERY ADVISORY COMMITTEE MEMBER VACANCY Ms. Gackstetter reviewed her memo dated March 21, 2005, regarding the Cemetery Advisory Committee vacancy. With the only application received to date indicating a preference to serve on the Parks and Recreation Advisory Committee, staff recommended extending the application period through the end of April. During which time, information will continue to be posted on the web site, local newspapers will be solicited to help publish the vacancy, and a posting will be made at the Apple Valley Senior Center. Councilmember Erickson said he wished to clarify that an extension of the deadline was not a reflection on the application received. Councilmember Grendahl requested staff call this applicant to inform her of the vacancy on the Cemetery Advisory Committee. MOTION: of Bergman, seconded by Goodwin, extending the application period for the Cemetery Advisory Committee vacancy through April 30, 2005, with appointment scheduled for the Council meeting of May 12, 2005. Ayes - 5 - Nays - 0. TRANSIT TAXING DISTRICT PROPOSED LEGISLATION Councilmember Grendahl said legislation was introduced this week in the Minnesota House of Representatives (HF2076) and Minnesota Senate (SF1925) relating to municipalities joining the transit taxing district. The bill makes joining the transit taxing district voluntary, permits portions of communities, instead of requiring entire communities, to be added, and allows the Metropolitan Council to enter into agreements with communities joining the district without being taxed for a period of time up to eight years. Funds levied could be used to fund transit operations or to pay the costs of principal and interest for transit-related bonded debt. The proposed legislation would go into effect in 2006, and funding for transit would not be available until 2007. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 7 At a meeting last night, the MVTA indicated it would only support the section of the bill which allows levied funds to be used for operations or debt service. In light of this, Senator Gerlach, who is an author of the bill, asked for direction to improve the bill. Councilmember Grendahl said she found the bill less than desirable and would still prefer to make it mandatory for cities such as Lakeville to join. She then asked the Council’s opinion on the bill. Councilmember Goodwin said he spoke with Senator Gerlach and Representative Cybart, who indicated this bill was a starting point for discussion. He did not believe the bill was in the best interest of the City of Apple Valley and indicated he would not support it. He recommended the phasing in be a maximum of two to three years. Councilmember Bergman agreed that the phase-in period indicated was much too long, and said he felt two years would be ample time. He also noted how this may discourage the City of Farmington to join the transit taxing district. Councilmember Erickson said he also felt two to three years for phasing in was generous. Mayor Hamann-Roland said Senator Gerlach and Representative Cybart indicated during discussions today they would be willing to make changes to the bill. In addition, discussions with Nacho Diaz indicated his proposal on phasing in had more to do with operations and capital expenditures than involvement with the transit taxing district. Mayor Hamann-Roland said getting Lakeville into the district could bring more money back to this area and is a good negotiating point. Councilmember Grendahl said there is no guarantee Lakeville will join the MVTA. Mayor Hamann-Roland recommended the bill stipulate Lakeville must join. She further recommended Councilmember Grendahl, City Administrator Lawell, and she meet with the City’s representatives in order to explain exactly what the City needs. Councilmember Grendahl said she would be willing if it will help, but also suggested the City begin meeting with others. Councilmember Grendahl said the bill gives the Metropolitan Council a lot of authority relative to working out the agreements. Perhaps they could work out the charges and shrink the number of years for phase in. Mayor Hamann-Roland said she would like to extend the number of years for operating capital from 8 to 15. Councilmember Goodwin said other communities are up against similar problems, and was concerned this bill could set a precedent. The Council further discussed the number of years it would recommend for phasing in. City Administrator Lawell said he sees three questions which need to be answered. First, how long does a community have to make a decision as to whether or not it wants to join the transit taxing district; second, once a decision has been made to join, how quickly must they reach 100 percent of the levy; and third, what is the phasing period for capital versus operating expenses. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 8 MOTION: of Grendahl, seconded by Erickson, recommending communities are given a maximum of two years to join the metropolitan area transit taxing district, requiring new members to join at 100 percent of the full levy and the levy apply to all properties in the joining community, and giving the Metropolitan Council the latitude to negotiate the allocation between operating and capital expenses as it applies to the joining community. Mayor Hamann-Roland requested staff also draft a resolution detailing the recommendations in the motion. Councilmember Goodwin recommended asking Representative Ozment for help. Vote was taken on the motion. Ayes - 5 - Nays – 0. Councilmember Grendahl said vehicles parked in Carmike Theater received a flyer that they will be towed, and that it may be necessary to move ahead with permit parking. Mr. Lawell said he is working with the Chair of the Economic Development Authority to set a meeting during the first half of April at which time permit parking will be discussed. COUNCIL COMMUNICATIONS AND CALENDAR Councilmember Bergman requested the calendar of events include events which all council members are likely to attend. Councilmember Bergman said he has recently received comments and questions regarding the Sri Lanka press. He wished to clarify the tsunami fundraising activities in Apple Valley are not sponsored by the City of Apple Valley but by the Apple Valley Foundation, and City tax dollars are not being used. He would have preferred the Apple Valley Foundation acted as spokesperson. In addition, he indicated he was unsure about using Apple Valley as the name for the city, and suggested Enjoy. Mayor Hamann-Roland said the articles stated the fundraising efforts were sponsored by the Apple Valley Foundation, and its Chair was quoted. It was suggested by the Minnesota Sri Lankan people to name the village Apple Valley as a means to honor the people of this community who gave to help rebuild the village. Councilmember Goodwin said he also read the articles very closely and it was clear that activities were sponsored by the Apple Valley Foundation. Unfortunately, when the City’s name is involved, some folks think it means the City is involved. Councilmember Erickson said the fundraising has been wonderful, but the credit goes to the Apple Valley Foundation and not the City, and he applauded the Foundation for their effort. CITY OF APPLE VALLEY Dakota County, Minnesota March 24, 2005 Page 9 Mayor Hamann-Roland said Dakota County Technical College is holding its Showcase on March 30, 2005, from 6:00 to 9:00 p.m., and the Home & Garden Expo will be held at the Dakota County Western Service Center on April 2, 2005, from 9:00 a.m. to 3:00 p.m., and invited everyone to attend. Mayor Hamann-Roland directed the City Attorney to investigate whether the calendar of events, or similar means, may be used to notify the public of special Council meetings. The Council received a memo dated March 21, 2005, with a calendar listing upcoming events. CLAIMS AND BILLS MOTION: of Goodwin, seconded by Bergman, to pay the claims and bills, check registers dated March 16, 2005, in the amount of $8,276,222.59; and March 24, 2005, in the amount of $1,913,531.91. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:09 o’clock p.m.