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Home My WebLink About11/10/2005 CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2005 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 10, 2005, at 8:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Erickson, and Goodwin. ABSENT: Councilmember Grendahl. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Manson, Assistant Finance Director Broughten, 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 to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, removing item 4.I - Resolution Awarding Contract for Municipal Center Locker Room Remodeling Project, replacing item 4.J.2 - Change Order No. 1 to Project 05-301, and approving the agenda for tonight’s meeting as amended. Ayes - 4 - 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 Goodwin, seconded by Bergman, approving all items on the consent agenda as amended. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of October 27, 2005, as written. Ayes - 4 - Nays - 0. Resolution No. 2005-195 MOTION: of Goodwin, seconded by Bergman, adopting accepting, with thanks, the donation of $2,000.00 from Severson, Sheldon, Dougherty, and CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2005 Page 2 Molenda, P.A., for use towards a memorial plaque for Richard B. Kelley in Kelley Park. Ayes - 4 - Nays - 0. Resolution No. 2005-196 MOTION: of Goodwin, seconded by Bergman, adopting setting a public hearing on December 5, 2005, at 8:00 p.m., on the application for On-Sale and Sunday Liquor Licenses by Majors Sports Cafe of Apple Valley, Inc., d/b/a Majors Sports Cafe. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a Lease Agreement with Bonestroo, Rosene, Anderlik & Associates, Inc., for office space at the Municipal Center and Central Maintenance Facility, through September 30, 2006, as attached to the Public Works Director’s memo dated November 10, 2005, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing the sale of a surplus Self- Contained Breathing Apparatus (SCBA) Fill/Containment Station as described in the Fire Chief’s memo dated November 4, 2005. Ayes - 4 - Nays - 0. Resolution No. 2005-197 MOTION: of Goodwin, seconded by Bergman, adopting approving the final plat for Brynn Addition and waiving a Subdivision Agreement. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving a variance to the maximum 20 percent building coverage in Planned Development Designation No. 444/Zone 1 to allow construction of a 200 square foot addition which will result in a total building coverage of 24 percent on Lot 15, Block 1, Hyland Pointe Shores (15834 Hyland Pointe Court), with conditions, as recommended by the Planning Commission. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, directing staff to review City Ordinance Planned Development Designation No. 444 regarding building coverage requirements and storm water management within Zoning District 1. Ayes - 4 - Nays - 0. Resolution No. 2005-198 MOTION: of Goodwin, seconded by Bergman, adopting approving specifications for lease of 13 72-Inch Out-Front Mowers, and authorizing advertising for receipt of bids, at 2:00 p.m., on December 8, 2005. Ayes - 4 - Nays - 0. Resolution No. 2005-199 MOTION: of Goodwin, seconded by Bergman, adopting awarding the contract for Project 05-301, 2005 Miscellaneous Utility Improvements, to Park Construction Company, the low bidder, in the amount of $130,781.48. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2005 Page 3 MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract with Park Construction Company, for Project 05-301, 2005 Miscellaneous Utility Improvements, by reducing the amount $13,780.00, replacing the ductile iron pipe with HDPE plastic pipe. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the contract with McNamara Contracting, Inc., for Project 03-239, Galaxie Avenue Reconstruction, in the amount of $55,488.34 for pedestrian count-down timers, Duratherm street print, and conduit. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Reconditioning of Hydrants as final and authorizing final payment on the contract with Champion Coatings, Inc., in the amount of $14,560.00. Ayes - 4 - Nays - 0. Resolution No. 2005-200 MOTION: of Goodwin, seconded by Bergman, adopting approving submission of the Apple Valley, Burnsville, and Eagan joint 2006 landfill abatement and recycling funding application, in the amount of $137,900.00, to Dakota County, and authorizing execution of the necessary documents. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the appointment of Derek Hyland to the position of Engineer for Fire Station 1, as described in the Fire Chief’s memo dated November 2, 2005. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the temporary assignment of Thomas Lovelace to the position of Acting Community Development Director, as listed in the Personnel Report dated November 10, 2005. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving hiring the part-time employee listed in the Personnel Report dated November 10, 2005. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA PROCLAIM DECA WEEK Jessie Gentz, Regan George, and Sandy Rosen, President, of Apple Valley High School Distributive Education Clubs of America (DECA), were present and read the proclamation declaring November 7 – 11, 2005, National DECA Week. MOTION: of Erickson, seconded by Goodwin, proclaiming November 7-11, 2005, as "National DECA Week" in recognition of the organization's promotional efforts of educational benefits and opportunities. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2005 Page 4 AUGUSTANA HOME OF ST. PAUL PROJECT Mr. Lawell said Augustana Home of St. Paul is in the process of acquiring the Apple Valley Health Care Center and the Apple Valley Villa located at 14650 Garrett Avenue. They have asked the Economic Development Authority (EDA) to issue health care revenue bonds to assist in the purchase of the Health Care Center. Augustana is working with Dakota County on financial assistance for the Villa. The EDA held a public hearing on the bond sale on September 22, 2005. Comments at the hearing were overwhelmingly positive. No one spoke in opposition of the project. The EDA approved the sale of the bonds on November 3, 2005. State law requires Council approval of the issuance of revenue bonds by the Apple Valley EDA. Resolution 2005-201 MOTION: of Goodwin, seconded by Bergman, adopting approving issuance of health care revenue bonds by the Apple Valley Economic Development Authority for the Augustana Home of St. Paul Project, in an amount not to exceed$16,500,000.00, and authorizing the Mayor and City Clerk to sign the necessary documents. Ayes - 4 - Nays - 0. COUNCIL ITEM – AIRPORT NOISE Mayor Hamann-Roland said she drafted a letter to Co-Chair Wilcox of the Metropolitan Airports Commission Noise Oversight Committee (NOC) stating Apple Valley is now subject to substantial airport noise as a result of Runway 17/35 opening. She requested a greater number of cities be full “Designated Communities”, and further requested Apple Valley be given a seat on the NOC. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated November 7, 2005, 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 Goodwin, to pay the claims and bills, check registers dated November 2, 2005, in the amount of $11,478,093.52; and November 9, 2005, in the amount of $1,649,864.46. Ayes - 4 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:17 o’clock p.m.