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HomeMy WebLinkAbout04/14/2005 CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 14, 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 Dougherty, City Engineer Gordon, Finance Director Ballenger, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, City Planner Lovelace, 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 led by Boy Scouts Alex Becker, Derek Becker, Kevin Becker, Nick Devitt, Terry Murphy, Aaron Rasner, Jacob Thoennes, and Jeremy Wilson, and Scoutmaster Rose Wilson, from Troop 298 APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Erickson, approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. AUDIENCE – CELEBRATION OF SPRING Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. Ms. Pam McCarthy, Secretary of the Apple Valley Foundation, was present and described activities and entertainment planned for the seventh annual “Celebration of Spring” at the Minnesota Zoo. She invited everyone to attend the free event on Saturday, April 20, 2005, from 6:00 to 10:00 p.m. There will be music, dance performers, exhibits, and a silent auction with all funds raised used to benefit local school arts programs. CONSENT AGENDA MOTION: of Bergman, seconded by Goodwin, adding a resolution to add spotted knapweed to the list of prohibited noxious weeds in Dakota County, and 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. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Page 2 Resolution No. 2005-50 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of $164.00 from the Southern Dakota County Labor Council toward the purchase of an evergreen tree for Lebanon Cemetery. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, receiving the memo from Captain Merle Lohse on Severe Weather Awareness Week, April 18 – 22, 2005, as proclaimed by Governor Pawlenty, with two tornado drills scheduled for April 21, 2005, with sirens sounding at 1:40 p.m. and 6:55 p.m. Ayes - 5 - Nays - 0. Resolution No. 2005-51 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to St. Hubert Catholic Community, for use on June 5, 2005, at Apple Valley Ford, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of an Off-Sale 3.2 Malt Liquor License and Tobacco Sales License to RBF, LLC of Wisconsin d/b/a Rainbow Foods, located at 15125 Cedar Avenue, as described in the City Clerk’s memo dated April 11, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-52 MOTION: of Bergman, seconded by Goodwin, adopting setting a public hearing on May 12, 2005, at 8:00 p.m., on the application for On-Sale and Sunday Liquor Licenses by GGLC Management Group, Inc., d/b/a Fajita’s Southwest Grill. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Memorandum of Understanding for the Edward Byrne Memorial Justice Assistance Grant (JAG) application as described in Police Chief’s memo dated March 29, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving acquisition of a Ponding and Drainage Easement in connection with Project 02-233, Palomino Area Easements, and authorizing payment of $30,500.00 to John and Linda Podojil, as attached to the City Engineer’s memo dated March 21, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial guarantee for Cobblestone Lake – Egret Lodge from $287,225.00 to $160,450.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Sealing Decorative Concrete and Block Retaining Wall with Budget Sandblasting and Painting, Inc., in an amount not to exceed $9,500.00, as attached to the Street CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Page 3 Superintendent’s memo dated April 14, 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 Colored and Stamped Concrete Removal and Replacement Services with Minnesota State Curb and Gutter, in an amount not to exceed $10,000.00, as attached to the Street Superintendent’s memo dated April 14, 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 Roof Replacement for a portion of the roof at Central Maintenance Facility with A-Plus Roofing Company, in an amount of $15,995.00, as attached to the Public Works Supervisor’s memo dated April 14, 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 Tree Planting in City Parks with God’s Country Nursery and Design, in an amount of $13,160.00, as attached to the Park Maintenance Superintendent’s memo dated April 4, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-53 MOTION: of Bergman, seconded by Goodwin, adopting awarding the contract for Project 04-278, 2005 Street Maintenance Program, to McNamara Contracting, Inc., the low bidder, in the amount of $1,154,778.50. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Change Order to the Agreement for Well 5 Natural Gas Engine Overhaul, with Ziegler Power Systems, for an extension of the contract to December 1, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the appointment of Jim Schaefer as Fire Station 1 Engineer, as described in the Fire Chief’s memo dated April 11, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring Valerie Thoemke to the position of Clerk Typist, as listed in the Personnel Report dated April 14, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring seasonal employees listed in the Personnel Report dated April 14, 2005. Ayes - 5 - Nays – 0. Resolution No. 2005-54 MOTION: of Bergman, seconded by Goodwin, adopting approving the petition to add spotted knapweed to the list of prohibited noxious weeds in Dakota County, as described in the Natural Resources Coordinator’s memo dated April 14, 2005. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Page 4 END OF CONSENT AGENDA VOLUNTEER RECOGNITION Mayor Hamann-Roland noted that a volunteer recognition reception was held prior to the meeting for all commission and committee members. She thanked all the volunteers for their generous commitment of time, energy, education, and skills which help make Apple Valley a quality community. Jeannine Churchill, James Hadley, and Thomas Melander of the Planning Commission were recognized for six years of service and David Westbrook of the Telecommunications Advisory Committee was recognized for 10 years of service. James Hadley, Thomas Melander, and David Westbrook were in attendance and were presented with marble apple clocks. MOTION: of Grendahl, seconded by Erickson, proclaiming April 17-23, 2005, as “Volunteer Recognition Week” thanking all those who contribute their time, talent, and energy to the community. Ayes - 5 - Nays - 0. AUTISIM AWARENESS AND SEEK AND FIND PROGRAM FAIR Mr. Johnson said in connection with National Autism Awareness Month, the Parks and Recreation Department is hosting a SEEK and Find Program Fair on April 28, 2005, from 5:00 to 7:00 p.m., at the Apple Valley Community Center. The purpose of the Fair is to help families with children who have special needs find programs and activities to play and recreate. Social service agencies from the south metro area will be on site to provide information on various programs they offer. MOTION: of Bergman, seconded by Goodwin, proclaiming April as “National Autism Awareness Month” and recognizing the SEEK and Find Program Fair on April 28, 2005, helping families with special needs find recreational opportunities. Ayes - 5 - Nays - 0. FIBER OPTIC NETWORK JOINT POWERS AGREEMENT Tom Kelley, ALF Ambulance Administrator, presented the 2004 annual report. He described the Joint Powers organization established by the Cities of Apple Valley, Lakeville, and Farmington in 1986 and covering a 160-square mile service area including three townships. The organization is governed by an Operating Board with an Executive Management Committee overseeing operational functions. Rates are at or below other ambulance services and the average response time in the entire call area is six minutes. In addition to ambulance services, ALF provides First Responder training to the fire and police departments. He noted the joint powers partnership is very successful. CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Page 5 MOTION: of Erickson, seconded by Goodwin, receiving the 2004 ALF Ambulance Annual Report. Ayes - 5 - Nays - 0. LEGACY PARK NORTH DESIGN Mr. Johnson reviewed the conceptual design for Legacy Park North, located off of Galaxie Avenue, north of Legacy South Park. He said the Parks and Recreation Advisory Committee recommends the park be constructed in two phases to coincide with funding coming from park dedication fees in Legacy Village. The first phase would include the basic park construction, sidewalks, trees, sod, irrigation, and planting beds. The second phase would include the play ground, art features, and water features. The Committee further recommended an additional $226,453 from the existing park dedication fund balance. MOTION: of Goodwin, seconded by Grendahl, approving the final conceptual design for Legacy Park North, as recommended by the Parks and Recreation Advisory Committee, and authorizing proceeding with the project. Ayes - 5 - Nays - 0. FIREWORKS ORDINANCE Fire Chief Wassmund reviewed the proposed changes to the fireworks ordinance as it was presented to the Council on March 10, 2005. The ordinance amends Section 130.07, Regulating Fireworks. The amendment allows for the sale and use of consumer fireworks. It also defines what consumer fireworks are, states the hours they may be used, and provides general rules and regulations on their use. The only content change was the clarification of hours. He also gave the first reading of the addition of Chapter 120, Sale of Consumer Fireworks. This chapter was added to regulate the sale of consumer fireworks. It indicates a license is required to sell consumer fireworks, explains how to apply for a license, and provides definitions and conditions of the license. It also sets the fee for the license at $100.00 as allowed by Minnesota Statute. Ordinance No. 770 MOTION: of Erickson, seconded by Bergman, passing amending City Code Section 130.07, Regulating Fireworks. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, waiving the procedure for a second reading Ordinance No. 771 and passing adding Chapter 120, Sale of Consumer Fireworks, and setting the annual license fee at $100. Ayes - 5 - Nays - 0. ORDINANCE AMENDING CHAPTER 155 Ms. Dykes reviewed four zoning ordinance amendments to Chapter 155 of the City Code, as described in her memo dated April 11, 2005. The amendments revise and include language clarifying non-conforming use requirements, requiring additional screening requirements for CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Page 6 building mechanicals, including the “Downtown Design Guidelines”, and expanding the City’s site lighting requirements. The Planning Commission held a public hearing on the proposed changes on April 6, 2005, no comments were received. MOTION: of Erickson, seconded by Bergman, waiving the procedure for a second reading Ordinance No. 772 and passing amending Chapter 155 of the City Code regulating zoning/land use of non-conforming uses and structures, building mechanicals screening, “Downtown Design Guidelines”, and site lighting arrangements, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. GOAL SETTING WORKSHOP MOTION: of Goodwin, seconded by Erickson, setting a special meeting for the goal setting workshop on May 13, 2005, at 9:00 a.m., at the Levee Café in Hastings. Ayes - 5 - Nays – 0. COUNCIL COMMUNICATIONS AND CALENDAR Councilmember Grendahl gave an update on the proposed transit legislation. There was a hearing on the bill earlier today. She thanked Senator Gerlach and Representative Cybart for their efforts. Even though the bill does not make it mandatory for communities to join the transit taxing district, it is encouraging to hear Farmington, Carver, and Victoria are exploring voluntarily joining the transit taxing district. Representative Lloyd Cybart briefly spoke about the hearing, and said he felt progress was being made as well. Mayor Hamann-Roland asked if it was possible to extend the period of time from four years to ten years on operating versus capital expenses. Representative Cybart said he could bring it up. Councilmember Grendahl said she did not agree, and would like to see the time reduced to two years. She said it could always be extended. Mayor Hamann-Roland clarified her goal is to give the Metropolitan Council the flexibility to spend money in the area they deem appropriate. Councilmember Bergman said the opening ceremonies for the three-day walk for breast cancer (June 24 – 26) will be held at the Minnesota Zoo. As of today, there are 1,900 walkers registered to participate in the 60-mile walk. Mayor Hamann-Roland said on April 12, 2005, at the Minnesota Zoo, Governor Pawlenty held a ceremonious signing of the bonding bill that includes $10 million for the Cedar Avenue Transitway and $20 million for a new exhibit at the zoo. The Council received a memo dated April 11, 2005, with a calendar listing upcoming events. CLAIMS AND BILLS CITY OF APPLE VALLEY Dakota County, Minnesota April 14, 2005 Page 7 MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated March 31, 2005, in the amount of $6,557,672.19; April 7, 2005, in the amount of $1,447,351.34; and April 13, 2005, in the amount of $7,143,483.25. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:57 o’clock p.m.