HomeMy WebLinkAbout12/20/2005
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held December 20, 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 Hills, City Engineer Gordon, Finance Director Ballenger, Assistant Finance Director
Broughten, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works
Director Heuer, Public Works Supervisor Jacobson, Parks and Recreation Director Johnson,
Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain
Rechtzigel, Human Resources Manager Strauss, Liquor Manager Swanson, 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 Michael Bullock and Alex Reed of Troop 290.
APPROVAL OF AGENDA
MOTION: of Erickson, seconded by Grendahl, removing item 4.K.2 – Project 03-239,
Galaxie Avenue Reconstruction, Change Order No. 3, 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 no requests.
MOTION: of Bergman, seconded by Goodwin, approving all items on the consent agenda as
amended. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting
of December 5, 2005, as written. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 2
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the special meeting
of December 12, 2005, as written. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving revised City Engineer’s fees for
2006 engineering services as attached to the Public Works Director’s memo dated
December 20, 2005. Ayes - 5 - Nays - 0.
Resolution No. 2005-234
MOTION: of Bergman, seconded by Goodwin, adopting approving
the transfer of $400,000.00 from the Liquor Fund to the General Fund for 2005.
Ayes - 5 - Nays - 0.
Resolution No. 2005-235
MOTION: of Bergman, seconded by Goodwin, adopting approving
transfer of $313,486.00 from the Police Relief Fund to the General Fund for 2005.
Ayes - 5 - Nays - 0.
Resolution No. 2005-236
MOTION: of Bergman, seconded by Goodwin, adopting
authorizing writing off $2,728.16 of non-sufficient funds checks and delinquent
invoices against City operations for the year 2005. Ayes - 5 - Nays - 0.
Resolution No. 2005-237
MOTION: of Bergman, seconded by Goodwin, adopting approving
submitting the application for Fiscal Year 2006 Dakota County Community
Development Block Grant (CDBG) funding of $143,350.00 for the Housing
Rehabilitation Revolving Loan Program as attached to the Acting Community
Development Director’s memo dated December 16, 2005, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Lac Lavon Lake Management
Plan completed by Steve McComas, of Blue Water Science, in November 2005.
Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial guarantee
for Wensmann 13th Addition from $460,000.00 to $98,000.00, as listed in the
Community Development Secretary’s memo dated December 15, 2005. Ayes - 5 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving a variance to allow a total of three
accessory buildings on Lot 5, Block 1, Valley Oaks Estates (13654 Pennock
Avenue), with conditions, as recommended by the Planning Commission. Ayes - 5
- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving an Agreement for lease of 13 72-
inch Out-Front Mowers with Siemon Implement, Inc., in the amount of
$367,425.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5
- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 3
MOTION: of Bergman, seconded by Goodwin, approving an Agreement for Central
Maintenance Facility/Water Treatment Plant Security Access Control Project with
VTI Security in the amount of $28,729.00, 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 Sanitary Sewer
Main CIPP Short Liner Repairs with Visu-Sewer Clean & Seal, Inc., in the amount
of $29,185.00, 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 Removal of
Underground Petroleum Related Equipment with Environmental Management
Solutions, Inc., in the amount of $12,640.00, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the
contract with Park Construction Company, for Project 05-301, 2005
Miscellaneous Utility Improvements for a change in the substantial completion
date. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting Concrete Removal and
Replacement Services as final and authorizing final payment on the contract with
Ron Kassa Construction, Inc., in the amount of $3,186.30. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting Well Pump No. 5 Repair as final
and authorizing final payment on the contract with Ziegler Power Systems in the
amount of $51,966.23. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal employees listed
in the Personnel Report dated December 20, 2005. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
APPLE VALLEY MEDICAL CENTER EXPANSION
Ms. Dykes reviewed the Planning Commission recommendation on a 23,000 gross square-foot
expansion of the Apple Valley Medical Center and 86-space parking deck, located at 14655
Galaxie Avenue. The property is currently unplatted. Although the final plat was approved on
June 22, 1989, in conjunction with the building permit for the medical center, it was never signed
or recorded at the County. City code prohibits issuance of a building permit on any unplatted
property. The expansion requires a variance to exceed the maximum building coverage of 20
percent to 26 percent. The two-story addition will house an MRI imaging center and additional
exam rooms. A 2-foot high berm and vegetation will be installed on the north side of the building.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 4
A pedestrian walkway will go through the parking ramp. To improve traffic flow, a right-turn
lane will be installed on 146th Street W. at the intersection with Galaxie Avenue in Spring 2006.
She reviewed exterior elevations of the building and noted the exterior will be face brick and
stucco.
Mr. Michael O’Malley, architect for Apple Valley Medical Center was present.
Resolution No. 2005-238
MOTION: of Erickson, seconded by Grendahl, adopting approving
the final plat for Apple Valley Medical Center, located at 14655 Galaxie Avenue,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving a variance to increase the maximum
building coverage from 20 percent to 26 percent to accommodate a building
expansion of 11,350 square feet for the Apple Valley Medical Center, located at
14655 Galaxie Avenue. Ayes - 5 - Nays - 0.
Resolution No. 2005-239
MOTION: of Goodwin, seconded by Erickson, adopting approving
the site plan and authorizing issuance of a building permit for a 23,000 square-
foot, two-story building addition and 86-space parking deck for the Apple Valley
Medical Center, located at 14655 Galaxie Avenue, with conditions, as
recommended by the Planning Commission. Ayes - 5 - Nays - 0.
ORDINANCE AMENDING FEES CONTAINED IN CITY CODE
The City Clerk reviewed proposed amendments to fee schedule contained in the City Code as
described in her memo dated December 16, 2005. Fee adjustments are proposed for monument
privileged lots in Lebanon Cemetery, consultant fees for development, Natural Resources
Management Permits, Valleywood Golf Course, and trunk utility charges.
MOTION: of Erickson, seconded by Goodwin, waiving the procedure for a second reading
Ordinance No. 786
and passing amending the Fee Schedule Appendix of Title III
of the City Code by adjusting certain fees and charges effective January 1, 2006.
Ayes - 5 - Nays - 0.
PROPERTY TAX LEVY & 2006 CITY BUDGET
Mr. Ballenger described the budget process and meetings held to consider setting the property tax
levy and 2006 City budget including a public hearing on December 12, 2005. He presented the
background information and details of the budget and tax levy as covered at the public hearing.
Resolution No. 2005-240
MOTION: of Goodwin, seconded by Erickson, adopting approving
setting the City tax levy collectible in 2006 at $19,030,124 and approving 2006
budgets with total revenue of $41,005,539 and expenditures of $40,985,821.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 5
Councilmember Erickson expressed his frustration with this year’s budget process. He
described the process for the public. Because the Council as a whole does not take an
official position or specify an acceptable budget amount early on, it is difficult to know
when the targeted budget is reached. He noted that on a $40 million budget the majority
of the Council would need to agree to cut 1,000 $400 items in order to reduce the budget
by one percent.
He proposed that next year after staff presents the proposed budget, the Council, through
a formal vote if necessary, establish an acceptable budget amount. If staff presents a
budget exceeding that amount, they should be directed to go back and reduce the budget
until the amount complies with the goals established by a majority of the Council. The
Council may still review staff’s recommendations to see if it agrees.
Councilmember Erickson said he regrets having agreed at the informal meeting on
November 28, 2005, to funding the new Police Officer for the multi-housing program for
only six months. Following that meeting, funding for the Police Officer position was
reduced to three months. Based on information he received from the Finance Director,
funding the Police Officer position for six months instead of three months would cost each
household less than $1. If levy limits are imposed in 2006, not having funded the two new
positions for the entire year will require cuts elsewhere in the budget. He said if the Police
Officer position is reinstated to nine months, he will vote for the budget.
Mayor Hamann-Roland asked about the market and filling the police officer position. Ms.
Strauss said immediately following graduation of various programs there is a larger
external market. However, the City has and will continue to recruit and fill police officer
positions any time of year.
Councilmember Grendahl said the City’s tax levy has increased 137 percent in the last six
years while population has grown 11 percent. She stated the budget should be used to
fund essential services such as the Water Quality Technician and not non-essential
programs such as buckthorn. She questioned the discrepancy between the City’s increase
and the County’s increase. She noted a $240,000 house in Apple Valley pays $160 more
in city property taxes than a similarly valued house in Lakeville and $206 more than one in
Eagan. She commended the liquor store operations on being run like a business and noted
the $400,000 transfer to the General Fund earlier this evening and stated she hopes the
golf course will be run in a similar fashion. She also questioned the value of participation
in the Municipal Legislative Commission (MLC) and its associated cost to taxpayers.
With the concerns mentioned, she indicated she would not be voting for the budget.
Councilmember Bergman said he runs a conservative household budget and expects the
City to do the same. He indicated he believes all budgets should have a reserve fund
balance. He stated he had seven points he wished to make. He suggested repairing the
Redwood Community Center sign instead of purchasing a new one. Instead of
maintaining the golf course club house, he recommended demolishing it and replacing it
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 6
with a temporary structure. He suggested eliminating the kitchen and bathroom
improvements at Fire Station #1, and the locker room/shower/fitness area at the Municipal
Center. He asked about extending squad car replacement to 100,000 miles. He stated he
agrees with the Water Quality Technician, but feels the position should have been in place
long ago and believes the State and Federal governments should have helped fund it. Last,
he disagrees with the Police Officer position, citing the Council has not had enough
discussion about this position or the details of the program. He also questioned whether it
would be a better fit to place a multi-housing position with Code Enforcement instead of
the Police Department. He stated he declines approval of the budget.
Councilmember Erickson asked Mr. Lawell to describe the impact the loss of State
funding has had on property taxes.
Mr. Lawell described the shift in funding by the State. The loss of Local Government Aid
and the Market Value Homestead Credit resulted in approximately a $3 million loss in
revenue. He described the classification system which reduced the amount of property
taxes businesses pay in relation to residential properties, the shift in transit funding, and
the phase out of the limited market value.
Councilmember Goodwin said prior to the cuts Mr. Lawell mentioned, Apple Valley
received 20 to 25 percent of its funding for the General Fund from the State. The majority
of the City’s budget is for personnel, including unions, and items identified in the Capital
Improvements Program. These are items the entire Council has approved on a 5 – 0 vote.
Although he agreed the Council should address a line item if it is of concern, he urged the
Council not to lose sight of the big picture. There is likely to be something in a $41
million budget with which anyone may disagree. He asked the Council to be careful with
its deliberations. Council may choose to vote against the budget because of a particular
item, but politics are also involved.
Councilmember Goodwin said some programs and services are quality of life issues. The
Buckthorn program is an example. In his opinion, replacing squad cars at 80,000 miles is
a safety issue. He also noted there is no money earmarked in the budget for any kind of
emergency response.
He reviewed a chart comparing total expenditures per capita. Of nine similarly sized
communities, Apple Valley had the second from the lowest taxes per person. Eagan’s was
lower but he noted they have a greater commercial/industrial tax base. Apple Valley is
trying to attract more commercial/industrial type businesses because of the positive impact
they make on the tax base.
Mayor Hamann-Roland asked for clarification as why Apple Valley opts to rotate its
squads out of service at 80,000 miles instead of 100,000 miles.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 7
Mr. Jacobson said the City tried to run its squad cars to 100,000 miles about six or seven
years ago but found 80,000 miles was the approximate breaking point when major
problems with the higher price tags to repair began occurring. Squads are scheduled for
replacement at 80,000 miles but are used until new squads are purchased and deployed.
Personal cars can run over 100,000 miles but typically they get highway miles and are not
used in emergency-type situations.
Mayor Hamann-Roland asked what happens with squads taken out of service. Mr.
Jacobson said if they are in good shape, other departments use them.
Councilmember Bergman asked why the majority of communities he contacted are now
going to hour meters instead of miles. Mr. Jacobson said hour meters are a much more
accurate way to determine the life or wear and tear of an engine. Our new 2006 squads
and Tahoes have hour meters.
Councilmember Bergman said he was told the Ford Crown Victorias begin having
problems at 80,000 miles. Several western suburbs which replace their squads at 100,000
miles are using Chevrolet Impalas. He asked what type squads Apple Valley uses. Mr.
Jacobson said the City’s fleet is mainly Crown Victorias and a few Tahoes. He pointed
out Ford has been a constant manufacturer of patrol cars and there is a cost incurred in
switching between manufacturers.
Mayor Hamann-Roland noted the importance of keeping our officers and the public safe
should there be a high speed chase.
Councilmember Bergman asked why other communities are not purchasing their squads
off of the State contract. Mr. Jacobson said he could not explain why they would not
purchase off the State contract. His experience is the State contract offers better pricing
on a consistent basis.
Councilmember Grendahl said she would like to see more head of household jobs in Apple
Valley and noted there is no money in the budget for economic development.
Councilmember Erickson asked Mr. Lawell to explain what would happen if the Council
fails to approve a budget this evening.
Mr. Lawell said the tax levy needs to be certified to Dakota County within days. If a new
budget is not set by the deadline, the 2005 levy would be applied in 2006. The actual
amount available to fund City operations would be $119,000 less when factoring in 2006
debt service payments.
MOTION: of Grendahl, seconded by Erickson, moving the previous question. Ayes -
5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
December 20, 2005
Page 8
Vote was taken on the original motion. Ayes - 3 - Nays - 2 (Bergman and
Grendahl).
SET INFORMAL MEETING
MOTION: of Bergman, seconded by Erickson, setting an informal meeting at 7:00 p.m., on
February 21, 2006, at the Municipal Center, for the purpose of discussing issues
with the Planning Commission. Ayes - 5 - Nays - 0.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as
included in the City Clerk’s memo dated December 16, 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 December 7, 2005, in the amount of $615,687.44; and December 14, 2005,
in the amount of $474,459.97. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Erickson, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:47 o’clock p.m.