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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.