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HomeMy WebLinkAbout09/22/2005 CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 22, 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, Police Captain Anglin, Associate City Planner Dykes, Assistant Administrator Grawe, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Community Development Director Kelley, Police Captain Rechtzigel, Human Resources Manager Strauss, 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 to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Erickson, 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 no requests. MOTION: of Bergman, seconded by Erickson, adding item 4.L.2 Roof Replacement Agreement with A-Plus Roofing Company, and approving all items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Erickson, approving the minutes of the special meeting of September 6, 2005, as written. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the minutes of the regular meeting of September 8, 2005, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Page 2 Resolution No. 2005-161 MOTION: of Bergman, seconded by Erickson, adopting accepting, with thanks, the donation of $470.00 from Dondrea Brown for use towards the purchase of a park bench and plaque. Ayes - 5 - Nays - 0. Resolution No. 2005-162 MOTION: of Bergman, seconded by Erickson, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture 1457, for use on November 19, 2005, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving issuance of a 2005 Christmas Tree Sales Lot license to Bill Brabec d/b/a Silver Bell Christmas Tree Farm, for use on Lot 2, Block 1, East Valley Plaza (between Upper 141st and 140th Streets), as described in the City Clerk’s memo dated September 19, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-163 MOTION: of Bergman, seconded by Erickson, adopting amending the mileage reimbursement rate to equal the Internal Revenue Service allowable standard mileage rate for business travel. Ayes - 5 - Nays - 0. Resolution No. 2005-164 MOTION: of Bergman, seconded by Erickson, adopting approving 2005 Special Assessment Roll No. 535, for hearing purposes, in the total amount of $86,273.43 for delinquent charges, and setting the public hearing, at 8:00 p.m., on October 27, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-165 MOTION: of Bergman, seconded by Erickson, adopting approving 2005 Special Assessment Roll No. 536, for hearing purposes, in the total amount of $3,479.10 for false alarms and mowing charges, and setting the public hearing, at 8:00 p.m., on October 27, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-166 MOTION: of Bergman, seconded by Erickson, adopting approving 2005 Special Assessment Roll No. 537, for hearing purposes, in the total amount of $199,533.00 for improvements, and setting the public hearing, at 8:00 p.m., on October 27, 2005. Ayes - 5 - Nays - 0. Resolution No. 2005-167 MOTION: of Bergman, seconded by Erickson, adopting committing to reimburse Dakota County $24,852.04 to complete work described by selected alternates in the Independent School District 196 Metropolitan Area Fiber Optic Network bid. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the Revised D.A.R.E. and Police Liaison Services Agreement with Independent School District 196, for the 2005- 2006 school year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Page 3 Resolution No. 2005-168 MOTION: of Bergman, seconded by Erickson, adopting directing the City Engineer to prepare plans and specifications for Project 03-237, 153rd Street – Phase 2. Ayes - 5 - Nays - 0. Resolution No. 2005-169 MOTION: of Bergman, seconded by Erickson, adopting directing the City Engineer to prepare plans and specifications for Project 04-267, Wensmann 14th Addition Utility Improvements. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving an Agreement for Warning Siren at 157th Street and Pilot Knob Road with Frontline Plus Fire & Rescue, in the amount of $25,835.41, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving an Agreement for Removal of Existing and Installation of New Concrete at Apple Valley Fire Station 1 with Wagner Construction of Hampton, Inc., in the amount of $10,850.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the Cost Participation Agreement for Roof Replacement - Liquor Store No. 2/PDQ Store with PDQ Food Stores, Inc., as attached to the Assistant City Administrator’s memo dated September 22, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving an Agreement for Roof Replacement – Liquor Store No. 2/PDQ Store with A-Plus Roofing Company, in the amount of $28,750.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2005-170 MOTION: of Bergman, seconded by Erickson, adopting awarding the contract for Project 05-282, Wirsbo 2nd Addition Utility and Street Improvements, to Friedges Contracting Company, L.L.C., the low bidder, in the amount of $99,855.71. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving Change Order No. 1 to the contract for Trim Painting Central Maintenance Facility Buildings 1, 2, & 3, in the amount of $244.00; accepting the project as final; and authorizing final payment to TMI Coatings, Inc., in the amount of $16,559.00. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, proclaiming October 2005 as “Toastmasters Month” and asking citizens to join in celebrating the 81st anniversary of the Toastmasters International organization. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving a City contribution of $690.00 per month towards employee health/dental/life insurances for benefit-eligible CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Page 4 employees covered by the Pay and Benefit Plan effective January 1, 2006, as described in the Human Resources Manager's memo dated September 19, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving the temporary assignment of Mike Glewwe to Acting Public Works Superintendent, as listed in the Personnel Report dated September 22, 2005. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Erickson, approving hiring the part-time and seasonal employees as listed in the Personnel Report dated September 22, 2005. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER TSCHIDA Police Captain Rechtzigel introduced newly hired Police Officers Adam Tschida to the Council. The City Clerk administered the oath of office to Officers Tschida. Officer Tschida’s uncle, Mr. Paul Tschida, who recently retired from law enforcement, then presented Officer Adam Tschida with his badge. The Council congratulated Officer Tschida and welcomed him to his new position. INTERNATIONAL DELEGATION The City Council welcomed delegates from India, Nigeria, and the Netherlands who were visiting Minnesota to attend the International City/County Management Association (ICMA) annual conference in Minneapolis. The delegates, made up of mayors, city administrators, and civil engineers, introduced themselves and provided their background. They thanked the Council for providing a tour of City operations and sharing information. PROCLAIM FIRE PREVENTION WEEK Fire Chief Keith Wassmund was present and reviewed activities the Fire Department will be conducting during the week of October 9 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 11, at Fire Station No. 2 on October 12, and at Fire Station No. 3 on October 13, and everyone is invited. MOTION: of Grendahl, seconded by Erickson, proclaiming October 9-15, 2005, as "Fire Prevention Week" in support of the 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. PARKS AND RECREATION BOND REFERENDUM TELEPHONE SURVEY CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Page 5 Mr. Johnson reviewed the telephone survey Decision Resources, Ltd., intends to use when contacting residents regarding a parks and recreation bond referendum. It is a 400-random sample survey that will take approximately three weeks to complete and has an accuracy rating of plus or minus four percent. The Parks and Recreation Advisory Committee reviewed the survey and suggested minor modifications. Councilmember Bergman recommended question 20 include the location of the park. Councilmember Grendahl questioned the timing of the survey, stating she is concerned residents may become confused with the three school bond issues being presented to the public at this time. She asked if it would be better to wait until after November. Mr. Johnson acknowledged some citizens may not properly differentiate between the two government agencies. Staff did discuss the timing of the survey with the Parks and Recreation Advisory Committee and representatives from Decision Resources. Also considered was the current usage of various facilities at this time. MOTION: of Erickson, seconded by Goodwin, approving the telephone survey in general, and authorizing the Parks and Recreation Director, with input from Mr. Morris, to finalize the survey questions and determine the appropriate time to conduct the survey. Ayes - 4 - Nays - 1 (Grendahl). ORDINANCE AMENDING SIGNS REQUIRING A PERMIT Ms. Dykes gave the second reading of an ordinance amending City Code Section 154.04, Signs Requiring a Permit, to allow temporary signage at multiple residential rental complexes. Signs advertising rental units would be subject to the same rules as other temporary signs in that they would require a permit, must be located on the property, and cannot be located on the site for more than 30 days per calendar year. Ms. Molly Grove of the Minnesota Multiple Housing Association was present. She said not being able to advertise on site has had a negative impact on filling vacancies. She thanked Ms. Dykes for her help. Ordinance No. 783 MOTION: of Goodwin, seconded by Bergman, passing amending City Code Section 154,04, Signs Requiring a Permit, by permitting temporary signs in the “M-4” to “M-8” zoning districts. Ayes - 5 - Nays - 0. PLANNING COMMISSION VACANCY Mr. Lawell reviewed the City Clerk’s memo dated September 19, 2005, listing applicants for the Planning Commission vacancy. The Mayor called for nominations for the vacancy. Councilmember Erickson nominated Diana Billings, Keith Diekmann, Vic Ellison, Kristopher Nelson, and Brent Schulz. There being no further nominations, the Mayor declared the nominations closed. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Page 6 MOTION: of Erickson, seconded by Grendahl, accepting the five nominations for the Planning Commission; and amending the previously adopted appointment process by voting for three candidates the first round of balloting, two candidates the second round of balloting, and one candidate each round thereafter. Ayes - 5 - Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names from the five nominees. After selections were made, they were tallied and the City Attorney announced that four names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that the name remaining was Keith Diekmann. MOTION: of Goodwin, seconded by Erickson, appointing Keith Diekmann to the Planning Commission for a term expiring March 1, 2008. Ayes - 5 - Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. STAFF ITEMS Mr. Grawe reminded everyone Fall Cleanup Day is Saturday, September 24, 2005. Non- hazardous materials will be collected at the Central Maintenance Facility from 8:00 a.m. to 1:00 p.m. for a reduced fee. Vendors who will collect electronics for a fee will also be on site. Dakota County has coordinated for hazardous materials to be collected at the maintenance facility in the City of Burnsville during the same time period. COUNCIL COMMUNICATIONS Mayor Hamann-Roland congratulated and thanked everyone involved in the successful Ring- Around-The-Arts Festival and Fire Department Booya. Councilmember Bergman said he thought the Traffic Safety Advisory Committee wanted to meet with the City Council. He requested staff to find out if they are requesting a meeting and, if so, to coordinate it. Mayor Hamann-Roland asked if dates have been set for the trip to the City of Worthington. Mr. Lawell said the tentative dates are October 10-11 and October 17-18; he is waiting for confirmation from the City of Worthington. MOTION: of Erickson, seconded by Bergman, setting a special meeting in the City of Worthington on October 10 and 11, 2005. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2005 Page 7 CALENDAR OF UPCOMING EVENTS MOTION: of Erickson, seconded by Grendahl, approving the calendar of upcoming events as included in the City Clerk’s memo dated September 19, 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 Bergman, seconded by Goodwin, to pay the claims and bills, check registers dated September 14, 2005, in the amount of $11,264,261.27; and September 21, 2005, in the amount of $3,762,807.52. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:26 o’clock p.m.