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HomeMy WebLinkAbout07/14/2005 CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 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 Manson, Finance Director Ballenger, Associate City Planner Bodmer, Associate City 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 led by Erik Kauffman, Christopher Maiers, Sean Nordquist, David Ohmann, and John Preston from Boy Scout Troop 205 and Varun Tarapore from Boy Scout Troop 293. APPROVAL OF AGENDA MOTION: of Erickson, seconded by Goodwin, deleting item 5.A.3 – Resolution Approving Plans and Specifications, and Authorizing Advertising for Receipt of Bids for Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvements, and 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 Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were none. MOTION: of Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of June 23, 2005, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2005 Page 2 MOTION: of Goodwin, seconded by Bergman, approving canceling the Informal and Regular City Council Meetings scheduled for August 11, 2005, and setting an Informal Meeting at 6:30 p.m. on August 25, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-122 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to the Apple Valley Firefighters Relief Association, for use on September 17, 2005, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing issuance of a party permit to Kristen McBrien, 13964 Holyoke Path, Apple Valley, Minnesota, for a picnic at Alimagnet Park pursuant to City Code Section 95.03 (G)(1), valid on August 6, 2005, only. Ayes - 5 - Nays - 0. Resolution No. 2005-123 MOTION: of Goodwin, seconded by Bergman, adopting establishing an Information Technology Policy. Ayes - 5 - Nays - 0. Resolution No. 2005-124 MOTION: of Goodwin, seconded by Bergman, adopting establishing Health Insurance Portability and Accountability Act (HIPAA) Privacy Policies and Procedures. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing the transfer and disposal of two forfeited vehicles to the Hennepin County public auction on July 16, 2005, as described in the Police Captain’s memo dated June 22, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the proposal for a Valleywood Clubhouse Feasibility Study by the National Golf Foundation, in the amount of $21,000.00, as attached to the Parks and Recreation Director’s memo dated July 7, 2005, and authorizing the Parks and Recreation Director to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving signage for the Convention and Visitor’s Bureau (CVB) Visitor Center and authorizing $1,500.00 from the Lodging Tax Fund for said signage, as described in the Assistant City Administrator’s memo dated July 14, 2005. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with the City of Burnsville for nuisance weed harvesting in Lac Lavon, as attached to the Natural Resources Coordinator’s memo dated July 14, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Lac Lavon Weed Harvesting Contract with Midwest Weed Harvesting, Inc., in an amount not to exceed $5,000.00, to be paid jointly by the Cities of Apple Valley and Burnsville, as CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2005 Page 3 attached to the Natural Resources Coordinator’s memo dated July 14, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Reconditioning of Hydrants with Champion Coatings, Inc., in the amount of $15,600.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving an Agreement for Trim Painting Central Maintenance Facility Buildings 1, 2, & 3, with TMI Coatings, Inc., in the amount of $16,315.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Ice Arena Locker Room Floor Tiles as final and authorizing final payment on the contract with Becker Arena Products in the amount of $18,148.30. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Reconditioning Charleston Cast Aluminum Light Poles as final and authorizing final payment on the contract with Budget Sandblasting & Painting, Inc., in the amount of $10,948.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Suspended Modular Tennis Courts as final and authorizing final payment on the contract with Dermco-LaVine Construction Company, Inc., in the amount of $24,572.00. Ayes - 5 - Nays - 0. Resolution No. 2005-125 MOTION: of Goodwin, seconded by Bergman, adopting directing the City Engineer to prepare plans and specifications for Project 05-293, Widening and Overlaying Portion of Galaxie Avenue and Adding Turn Lanes at 145th Street. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving release of the subdivision financial guarantees for Remax Office Building and Boulder Ridge Apartments, as listed in the Community Development Secretary’s memo dated July 14, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-126 MOTION: of Goodwin, seconded by Bergman, adopting receiving the preliminary engineering report for Project 05-282, Wirsbo 2nd Addition Utility and Street Improvements, and setting a public hearing on it, at 8:00 p.m., on August 25, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-127 MOTION: of Goodwin, seconded by Bergman, adopting directing the City Engineer to prepare plans and specifications for Project 05-282, Wirsbo 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2005 Page 4 Resolution No. 2005-128 MOTION: of Goodwin, seconded by Bergman, adopting setting a public hearing, at 8:00 p.m., on August 25, 2005, to consider vacating drainage and utility easements on Lot 1, Block 1, Wirsbo Addition. Ayes - 5 - Nays - 0. Resolution No. 2005-129 MOTION: of Goodwin, seconded by Bergman, adopting approving plans and specifications for Project 04-276, Deep Well No. 19, and authorizing advertising for receipt of bids, at 2:00 p.m., on August 18, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-130 MOTION: of Goodwin, seconded by Bergman, adopting awarding the contract for Project 94-371, Valley Oaks Estates Utility and Street Improvements, to Erickson Contracting, Inc., the low bidder, in the amount of $338,389.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the contract with McNamara Contracting, Inc., for Project 98-417, Palomino Drive, in the amount of $89,496.99, for miscellaneous Municipal State Aid and utility financed work. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 98-417, Palomino Drive, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $28,307.85. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with McNamara Contracting, Inc., for Project 02-202, Dodd Road/153rd Street Construction, in the amount of $13,630.07 for miscellaneous agreeable items. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 02-202, Dodd Road/153rd Street Construction, as final and authorizing final payment on the contract with McNamara Contracting, Inc., in the amount of $39,329.20. Ayes - 5 - Nays - 0. Resolution No. 2005-131 MOTION: of Goodwin, seconded by Bergman, adopting , authorizing use of eminent domain, including the use of “quick take”, to acquire fee title to the property located on the northwest quadrant of Pilot Knob Road and 160th Street W., owned by David Fischer, PIN: 01-03500-76 and 01-03500-012- 77. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, setting Special Meetings for July 26, 2005, and August 23, 2005, at 6:30 p.m., at Falcon Ridge Middle School, and August 30, 2005, at 6:30 p.m., at Scott Highlands Middle School, the dates and times of the Metropolitan Airports Commission public open houses. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2005 Page 5 MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated July 14, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA EASTWOOD RIDGE 2ND ADDITION UTILITY AND STREET IMPROVEMENTS Mayor Hamann-Roland called the public hearing to order, at 8:08 p.m., to consider Project 04- 275, Eastwood Ridge 2nd Addition Utility and Street Improvements, and noted receipt of the affidavit of publication of the hearing notice. Mr. Manson reviewed the preliminary engineering report dated May 27, 2005, describing the project. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:11 p.m. Resolution No. 2005-132 MOTION: of Bergman, seconded by Grendahl, adopting ordering installation of Project 04-275, Eastwood Ridge 2nd Addition Utility and Street Improvements. Ayes - 5 - Nays - 0. GAMMA DRIVE VACATION Mayor Hamann-Roland called the public hearing to order, at 8:12 p.m., to consider the vacation of right-of-way along Gamma Drive between 131st Circle and Galaxie Avenue, and noted receipt of the affidavit of publication of the hearing notice. Ms. Bodmer reviewed the request for vacating the unused portion of the 30-foot half right of way, as requested by Williamsburg III Townhomes Homeowners Association, Inc., and Dahle Pines Townhomes Association, Inc. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:14 p.m. Resolution No. 2005-133 MOTION: of Erickson, seconded by Grendahl, adopting completing vacation of the 30-foot half right of way along Gamma Drive, Williamsburg 3rd Addition, between 131st Circle and Galaxie Avenue, and retaining the 30-foot drainage and utility easement, as described in the Associate City Planner’s memo dated July 8, 2005, and authorizing filing the Notice of Completion with Dakota County. Ayes - 5 - Nays - 0. ORDINANCE AMENDING REGULATIONS REGARDING STREETS AND SIDEWALKS Mr. Heuer gave the first reading of ordinances amending Chapter 96 of the City Code, which regulates streets and sidewalks. The proposed amendment to Section 96.04, Media Vending Boxes, prohibits affixing and/or securing media vending boxes to public property and addresses placement. The proposed amendment to Section 96.05, Mailboxes along the Ring Route, expands the regulations to include Fischer Market Place and Central Village Areas. The Council accepted the first reading. The second reading will be July 28, 2005. CITY OF APPLE VALLEY Dakota County, Minnesota July 14, 2005 Page 6 COUNCIL COMMUNICATIONS Councilmember Bergman thanked the Parks and Recreation, Public Works, Police, and Fire Departments staff for the outstanding jobs they did in connection with Apple Valley Freedom Days. Councilmember Erickson asked staff to check with the Post Office to see if Apple Valley’s rural designation can be changed. Councilmember Grendahl invited the public to attend the Metropolitan Airports Commission public open houses set for July 26, August 23, and August 30, 2005. Mayor Hamann-Roland thanked the representatives from the City of Worthington for visiting Apple Valley, stating it was a good opportunity to share issues and challenges and learn from each other. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Erickson, approving the amended calendar of upcoming events as included in the City Clerk’s memo dated July 11, 2005, 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 June 29, 2005, in the amount of $6,517,058.62; July 6, 2005, in the amount of $184,778.25; and July 13, 2005, in the amount of $17,205,615.47. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:29 o’clock p.m.