HomeMy WebLinkAbout01/12/2006
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held January 12th, 2006, 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 City Administrator Grawe, Public Works
Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting
Community Development Director Lovelace, Police Captain Rechtzigel, Human Resources
Manager Strauss, Planning Intern Thomson, 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 Erickson, seconded by Bergman, moving item 4.P – Approve Agreement with
Ryan Electric, Inc., for 2006 Electrical Maintenance Services to the regular agenda
and adding a new item – Appoint Alternate Representative to the Minnesota
Valley Transit Authority Board to the regular agenda, 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.
MOTION: of Grendahl, seconded by Goodwin, moving items 4.T.3 – Approve Change Order
No. 4 to Project 03-239 and 4.T.4 – Approve Change Order No. 4 to Project 03-
239 to the regular agenda, and approving all remaining items on the consent
agenda. Ayes - 5 - Nays - 0.
CONSENT AGENDA ITEMS
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 2
MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the regular meeting
of December 20, 2005, as written. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the minutes of the special meeting
of December 30, 2005, as written. Ayes - 5 - Nays - 0.
Resolution No. 2006-1
MOTION: of Grendahl, seconded by Goodwin, adopting accepting,
with thanks, the donation of $200.00 from Gerald Finne, for use by the Police
Department toward the Drug Abuse Resistance Education (DARE) program.
Ayes - 5 - Nays - 0.
Resolution No. 2006-2
MOTION: of Grendahl, seconded by Goodwin, adopting approving
renewal of the two-year Minnesota Lawful Gambling Premises Permit for Apple
Valley American Legion, Post 1776, at 14521 Granada Drive, and waiving any
waiting period for State approval. Ayes - 5 - Nays - 0.
Resolution No. 2006-3
MOTION: of Grendahl, seconded by Goodwin, adopting approving
renewal of the two-year Minnesota Lawful Gambling Premises Permits for Apple
Valley Hockey Association at: Apple Place, 14917 Garrett Avenue; Grizzly’s Grill
N Saloon, 15020 Glazier Avenue; Majors Sports Bar, 14889 Florence Trail; and
Rascals Bar & Grill, 7721 West 147th Street; and waiving any waiting period for
State approval. Ayes - 5 - Nays - 0.
Resolutions No. 2006-4 2006-5
MOTION: of Grendahl, seconded by Goodwin, adopting ,,
2006-6
andapproving issuance of lawful gambling exempt permits, by the State
Gambling Control Board, to Apple Valley Sons of American Legion, Squadron
1776, for use on February 11, April 8, and July 4, 2006; respectively, and waiving
any waiting period for State approval. Ayes - 5 - Nays - 0.
Resolution No. 2006-7
MOTION: of Grendahl, seconded by Goodwin, adopting approving
issuance of a lawful gambling exempt permit, by the State Gambling Control
Board, to Dakota County Voiture 1457, for use on March 17, 2006, and waiving
any waiting period for State approval. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving renewal and issuance of licenses
and permits for 2006 as listed in the attachment to the City Clerk’s memo dated
January 9, 2006. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving issuance of a new 2006 Off-Sale
3.2 Percent Malt Liquor License to Quick Stop 66, Inc., d/b/a Quick Stop, at 213
County Road 42, as described in the City Clerk’s memo dated January 9, 2006.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 3
Resolution No. 2006-8
MOTION: of Grendahl, seconded by Goodwin, adopting designating
Apple Valley Thisweek as the official newspaper of the City for the year 2006.
Ayes - 5 - Nays - 0.
Resolution No. 2006-9
MOTION: of Grendahl, seconded by Goodwin, adopting designating
Anchor Bank of Apple Valley as the official depository for City funds for the year
2006 and accepting its deposit collateral. Ayes - 5 - Nays - 0.
Resolution No. 2006-10
MOTION: of Grendahl, seconded by Goodwin, adopting designating
as additional depositories for City funds for the year 2006: US Bancorp of
Minneapolis; Wells Fargo Bank; Northland Securities, Inc.; Dain Bosworth, Inc.;
Edward D. Jones & Co.; Harvestons Securities, Inc.; Anchor Bank; Robert W.
Baird & Co., Inc.; Brookstreet Securities; Morgan Stanley; and Piper Jaffray.
Ayes - 5 - Nays - 0.
Resolution No. 2006-11
MOTION: of Grendahl, seconded by Goodwin, adopting appointing
Northland Securities, Inc., as the City’s bond consultant for the year 2006. Ayes -
5 - Nays - 0.
Resolution No. 2006-12
MOTION: of Grendahl, seconded by Goodwin, adopting approving
the 2006-2010 Capital Improvements Program as an amendment to the
Comprehensive Guide Plan and authorizing submitting it to the Metropolitan
Council for approval as recommended by the Planning Commission. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the 2006 annual excavation permit
for commercial sand and gravel mining operations by Fischer Sand & Aggregate,
LLP, as recommended in the Acting Community Development Director’s memo
dated January 9, 2006. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the contract with Dakota County
for use of Sentenced to Service Program Work Crews for 2006, as attached to the
Park Maintenance Superintendent’s memo dated January 12, 2006, and
authorizing the Mayor and Clerk to sign the same. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the release of subdivision financial
guarantees for Cobblestone Lake 3rd Addition and Cobblestone Lake and the
reduction of financial guarantees for Cobblestone Lake Egret Lodge from
$160,450.00 to $10,000.00, and Cobblestone Lake South Shore from
$1,460.050.00 to $627,500.00, as listed in the Community Development
Secretary’s memo dated January 9, 2006. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 4
MOTION: of Grendahl, seconded by Goodwin, approving the Joint Powers Agreement with
the Cities of Burnsville, Eagan, Farmington, Lakeville, Mendota Heights, Prior
Lake, Rosemount, Savage, and Shakopee, for 2006-2007 Traffic Marking, Street
Sweeping, Crack Sealing, Screening, and Seal Coating, as attached to the Acting
Public Works Superintendent’s memo dated January 12, 2006, and authorizing the
Mayor and Clerk to sign the same. Ayes - 5 - Nays – 0.
Resolution No. 2006-13
MOTION: of Grendahl, seconded by Goodwin, adopting approving
specifications for Concrete, Curbing, and Asphalt Installation at Kelley Park; and
authorizing advertising for receipt of bids, at 2:00 p.m., on February 16, 2006.
Ayes - 5 - Nays - 0.
Resolution No. 2006-14
MOTION: of Grendahl, seconded by Goodwin, adopting rejecting
bids for the completion of the Municipal Center Lower Level Locker Facilities and
Other Facility Remodeling project. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 1 to the
contract with Alpha Video, Inc., for Video Messaging and Program Playback
System, in the amount of $1,253.00. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving Change Order No. 3 to the
contract with Three Rivers Construction, Inc., for Project 03-219, Diamond Gates
Utility and Street Improvements, in the amount of $11,301.78. Ayes - 5 - Nays -
0.
MOTION: of Grendahl, seconded by Goodwin, accepting Project 04-261, Redwood Pond
Upgrade, as final and authorizing final payment on the contract with Frattalone
Companies, Inc., in the amount of $21,188.37. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, accepting Project 03-232, Miscellaneous
Utility Improvements, as final and authorizing final payment on the contract with
G. L. Contracting, Inc., in the amount of $16,991.45. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving the transfer of Theresa McNulty to
the full-time position of Police Records Technician as listed in the Personnel
Report dated January 12, 2006. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving hiring the seasonal employees listed
in the Personnel Report dated January 12, 2006. Ayes - 5 - Nays - 0.
END OF CONSENT AGENDA
GALAXIE AVENUE RECONSTRUCTION CHANGE ORDERS
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 5
Mr. Manson described the work completed under Change Order No. 3 to Project 03-239, Galaxie
Avenue Reconstruction.
Councilmember Grendahl asked if it would be more cost effective to solicit bids for work the
contractor is subcontracting. Mr. Manson said a savings can often be realized by eliminating an
additional mobilization fee if a contractor is already on site. In addition, timing is also a
consideration.
Councilmember Erickson asked if the conduit and wiring installed on the east side of Galaxie
Avenue between Founders Lane and 153rd Street was for the lighting design which has yet to be
approved by the City Council. Mr. Manson explained the conduit and wiring are the
infrastructure for the power and streetlights. There is some additional cost for the concrete pole
bases which would support the proposed lighting.
Councilmember Bergman recalled staff informing the Council of work needing to be completed
on this project. However, he suggested staff also provide an estimate when the cost of a change
order is similar to those currently being discussed.
Mr. Manson then described the work completed and costs associated with Change Order No. 4 to
Project 03-239, Galaxie Avenue Reconstruction. Delays by the developer resulted in the need for
additional traffic control and pavement marking removals. Costs associated with traffic control
make up the largest portion of this change order.
The Council recommended change orders with significant dollar amounts be placed on the regular
agenda for explanation.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 3 to the
contract with McNamara Contracting, Inc., for Project 03-239, Galaxie Avenue
Reconstruction, in the amount of $60,332.88. Ayes - 4 - Nays - 1 (Grendahl).
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 4 to the
contract with McNamara Contracting, Inc., for Project 03-239, Galaxie Avenue
Reconstruction, in the amount of $52,654.68. Ayes - 4 - Nays - 1 (Grendahl).
NATIONAL MENTORING MONTH PROCLAMATION
Jan Belmore, Kids 'n Kinship Director, commented on the organization's purpose, which is to
provide various friendships to children ages 5 to 16 who are in need of a positive adult role
model. Kids 'n Kinship has operated in Dakota County for 30 years. Currently, 78 children are
on their waiting list. With January being "National Mentoring Month", the organization is
publicizing its need for additional adult volunteers.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 6
MOTION: of Erickson, seconded by Grendahl, proclaiming January 2006 as “National
Mentoring Month” in Apple Valley. Ayes - 5 - Nays - 0.
KNOTTYWOODS 3RD ADDITION
Mr. Thomson reviewed the Planning Commission’s recommendation on the proposed subdivision
of Lot 15, Block 1, Knottywoods (13460 Pilot Knob Road) located at the southeast corner of
Pilot Knob Road and Embry Way. The 33,795 square foot lot is currently zoned “R-1”. The
request is to rezone the lot to “R-3”, and subdivide it into two lots, with Lot 1 equaling 18,742
square feet and Lot 2 equaling 15,053 square feet.
Lot 1 requires a variance to the 20,000 square-foot minimum lot area for a waterfront lot required
as a result of the Long Lake Shoreland Overlay zoning district. It also requires variances to the
75-foot minimum setback from the high water mark of Pilot Pond and the 30-foot minimum front
yard setback from Embry Way for construction of a detached garage.
The applicant intends to remove the following: driveways onto Pilot Knob Road and Embry Way,
a detached garage and shed, a metal shed, a carport and a wood patio. The proposed site plan
shows the overall impervious service area will be reduced.
Ordinance No. 787
MOTION: of Goodwin, seconded by Bergman, passing rezoning Lot 15,
Block 1, Knottywoods, (13460 Pilot Knob Road) from “R-1” (single family
residential, minimum lot area 40,000 square feet) to “R-3” (single family
residential, minimum lot area 11,000 square feet), as recommended by the Planning
Commission. Ayes - 5 - Nays - 0.
Resolution No. 2006-15
MOTION: of Goodwin, seconded by Erickson, adopting approving
the preliminary plat for Knottywoods 3rd Addition (13460 Pilot Knob Road) with
two single family residential lots, as recommended by the Planning Commission.
Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, approving variances on Lot 1, Block 1,
Knottywoods 3rd Addition, to decrease the minimum lot area to 18,752 square
feet; decrease the minimum setback from Pilot Pond to 50 feet for a new garage,
and decrease the front yard setback to 22 feet for a new garage, as recommended
by the Planning Commission. Ayes - 5 - Nays - 0.
2006 ACTING MAYOR
Resolution No. 2006-16
MOTION: of Goodwin, seconded by Bergman, adopting appointing
Councilmember Erickson to serve as Acting Mayor, in the absence of the Mayor,
for the year 2006. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 7
PLANNING COMMISSION AND PARKS AND RECREATION ADVISORY COMMITTEE
VACANCIES
Ms. Gackstetter reviewed her memo dated January 9, 2006, listing applicants for the Planning
Commission vacancy.
The Mayor called for nominations for the Planning Commission vacancy. Councilmember
Erickson nominated Frank Blundetto and Alraune Chowdhury. There being no further
nominations, the Mayor declared the nominations closed.
MOTION: of Erickson, seconded by Grendahl, accepting the two nominations for Planning
Commission. Ayes - 5 - Nays - 0.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to vote for one name. After selections were made, they were tallied and the City Attorney
announced that Frank Blundetto received the most votes.
Ms. Gackstetter then reviewed her memo dated January 9, 2006, listing applicants for the Parks
and Recreation Advisory Committee vacancy.
The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Alraune
Chowdhury, City Hart, Lisa Hiebert, Corinne Johnson, Todd Kruse, and Patrick Sullivan, Jr.
There being no further nominations, the Mayor declared the nominations closed.
MOTION: of Grendahl, seconded by Erickson, accepting the six nominations for Parks and
Recreation Advisory Committee. Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, amending the previously adopted appointment
process to reduce the number of candidates by selecting four of the names
appearing on the ballot for this vote. Ayes - 5 - Nays - 0.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to each select four names from the six 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 three names. After selections were made, they were tallied and the City
Attorney announced that four names remained.
MOTION: of Grendahl, seconded by Erickson, amending the previously adopted appointment
process to reduce the number of candidates by selecting two names appearing on
the ballot for this vote. Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 8
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 two names remained.
The City Clerk prepared ballots and the City Attorney distributed them to the Council who were
asked to vote for one name. After selections were made, they were tallied and the City Attorney
announced that Patrick Sullivan, Jr., received the most votes.
MOTION: of Goodwin, seconded by Bergman, appointing Patrick Sullivan, Jr., to the Parks
and Recreation Advisory Committee for a term expiring March 1, 2007. Ayes - 5
- Nays - 0.
MOTION: of Erickson, seconded by Bergman, appointing Frank Blundetto to the Planning
Commission for a term expiring March 1, 2007. Ayes - 5 - Nays - 0.
Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the
positions.
Mayor Hamann-Roland called a five-minute recess at 8:55 p.m.
Mayor Hamann-Roland resumed the meeting at 9:00 p.m.
2006 ELECTRICAL MAINTENANCE SERVICES CONTRACT
Mr. Heuer said the Public Works Department solicited requests for proposals for electrical
maintenance services for 2006. Staff reviewed the proposals submitted and recommends entering
into a non-exclusive contract with the lowest bidder, Ryan Electric, Inc., for electrical
maintenance services.
MOTION: of Erickson, seconded by Goodwin, approving the Agreement for Electrical
Maintenance Services with Ryan Electric, Inc., the low bidder, and authorizing the
Mayor and City Clerk to sign the same.
Councilmember Bergman asked if the City has a set policy on when it goes out for request
for proposals. Mr. Heuer said the request for proposal indicates the City may renew the
contract at the same rate for subsequent years.
Councilmember Grendahl asked if the 2006 budget reflects an increase for electrical
maintenance services. She noted a potential savings of $150.00 in 2006. Mr. Heuer said
each department/division is responsible for estimating its expenses. It is likely an increase
was anticipated and is reflected in the current budget. Councilmember Grendahl
suggested staff request quotes for services in June so the correct amounts may be
budgeted.
CITY OF APPLE VALLEY
Dakota County, Minnesota
January 12, 2006
Page 9
Councilmember Erickson said the amounts budgeted are staff’s best estimate. It is yet to
be determined whether or not there will be a savings; it is contingent on the amount of
electrical maintenance services requested.
The Council requested additional discussion regarding the bidding and proposal process at
an informal work session.
Councilmember Bergman asked about reviewing the legal and engineering consultant
services contracts as well.
Councilmember Goodwin asked staff to provide a brief refresher course at the informal
work session as to when it is necessary to go out for bids and what types of work and/or
services are included.
Vote was taken on the motion. Ayes - 5 - Nays- 0.
MINNESOTA VALLEY TRANSIT AUTHORITY BOARD ALTERNATE
MOTION: of Erickson, seconded by Bergman, appointing Tom Lovelace as alternate
representative to the Minnesota Valley Transit Authority Board. Ayes - 5 - Nays -
0.
CALENDAR OF UPCOMING EVENTS
MOTION: of Erickson, seconded by Goodwin, amending the calendar of upcoming events as
included in the City Clerk’s memo dated January 9, 2006, to include a meeting on
January 17, 2006, at 7:00 p.m., at the Municipal Center, to discuss Long and
Farquar Lakes Water Quality, and a meeting on January 18, 2006, at 1:30 p.m., at
the Metropolitan Airports Commission Building in Minneapolis, for Metropolitan
Airports Commission Noise Oversight Committee meeting, 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 January 5, 2006, in the amount of $238,523.57; and January 12, 2006, in the
amount of $4,828,335.19. Ayes - 5 - Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0.
The meeting was adjourned at 9:19 o’clock p.m.