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HomeMy WebLinkAbout01/26/2006 CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 26th, 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, Police Captain Anglin, Finance Director Ballenger, Public Works Director Heuer, Parks and Recreation Director Johnson, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, Human Resources Manager Strauss, Fire Chief Wassmund, and Recreation Supervisor Zinck. 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, adding item 5.D – Request for Extended Hauling Hours from Fischer Sand and Aggregate, LLP, 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. There were no requests. MOTION: of Bergman, seconded by Goodwin approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of January 12, 2006, as written. Ayes - 5 - Nays - 0. Resolution No. 2006-17 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a park bench and $1,050.00 from Southern Dakota County Labor Council, for use at Lebanon Cemetery. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 2006 Page 2 Resolution No. 2006-18 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of a fitness weight bag from Barry Collatz, for use by the Police Department. Ayes - 5 - Nays - 0. Resolution No. 2006-19 MOTION: of Bergman, seconded by Goodwin, adopting accepting, with thanks, the donation of cash and prizes from various businesses toward sponsorship of the Mid-Winter Fest Celebration. Ayes - 5 - Nays - 0. Resolutions No. 2006-20 MOTION: of Bergman, seconded by Goodwin, adopting approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Minnesota Teen Challenge, for use on September 23, 2006, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Letter of Agreement with Dakota County for the Minnesota Department of Public Safety Safe Community Grant Program for activity reimbursement, in the amount of $1,000.00, as attached to the Police Chief’s memo dated January 18, 2006, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Apple Valley Convention and Visitors Bureau 2006 budget and marketing plan as attached to the Assistant to the City Administrator’s memo dated January 26, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, appointing Mayor Mary Hamann-Roland as Commissioner and Stephen David as Alternate Commissioner to the Black Dog Watershed Management Organization. Ayes - 5 - Nays - 0. Resolution No. 2006-21 MOTION: of Bergman, seconded by Goodwin, adopting approving lowering the speed limit in a school zone at 142nd Street W. near its intersection with Euclid Avenue. Ayes - 5 - Nays - 0. Resolution No. 2006-22 MOTION: of Bergman, seconded by Goodwin, adopting rejecting the bids received on December 8, 2005, for Lease of (13) 72-Inch Out-Front Mowers. Ayes - 5 - Nays - 0. Resolution No. 2006-23 MOTION: of Bergman, seconded by Goodwin, adopting approving specifications for (13) 72-Inch Out-Front Mower Lease; and authorizing advertising for receipt of bids, at 2:00 p.m., on February 16, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-24 MOTION: of Bergman, seconded by Goodwin, adopting approving specifications for Irrigation, Sod, and Flagstone Planting Beds in Kelley Park; and CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 2006 Page 3 authorizing advertising for receipt of bids, at 2:00 p.m., on March 2, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 4 to the contract with Frontier Construction Company, for Project 02-196, Legacy Village North Utility and Street Improvements, in the amount of $19,505.81. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the contract with Total Register Systems, Inc., for Liquor Store Point of Sale System, for a deduct of $1,381.73. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Liquor Store Point of Sale System as final and authorizing final payment on the contract with Total Register Systems, Inc., in the amount of $23,127.15. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2006-2007 Labor Agreement with AFSCME Council 5, Local No. 479, Maintenance Employees, as attached to the Human Resources Manager’s memo dated January 23, 2006, and authorizing execution of the necessary documents. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MID-WINTER FEST 2006 Parks and Recreation Director Johnson and Recreation Supervisor Zinck, of the Mid-Winter Fest Committee, were present and reviewed activities planned for this year’s celebration at Hayes Park, Apple Valley Community Center, and Valleywood Golf Course. More focus was placed on interactive activities. Buttons are required for admission to the events on February 11 and 12, 2006, and are for sale at various locations for $1.00. This year’s button was designed by Danielle Dussner,a senior at Apple Valley High School. Senior Volunteers of the Year Ralph and Maggie Arnold will be recognized as part of the activities. Mr. Johnson also thanked the members of the business community who support this event. Resolution No. 2006-25 MOTION: of Erickson, seconded by Goodwin, adopting proclaiming February 11 and 12, 2006, as “Apple Valley Mid-Winter Fest 2006” and encouraging citizens to support and participate in the celebration. Ayes - 5 - Nays - 0. SET SPECIAL MEETINGS MOTION: of Erickson, seconded by Bergman, setting a special informal City Council meeting, at 9:00 a.m., on March 31, 2006, at the Levee Café, 100 Sibley Street, CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 2006 Page 4 Hastings, MN, for the purpose of discussing goals with City staff. Ayes - 5 - Nays - 0. MOTION: of Erickson, seconded by Goodwin, setting a special informal City Council meeting, at 7:30 p.m., on February 8, 2006, at the Municipal Center, for the purpose of discussing issues with the Traffic Safety Advisory Committee. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Erickson, setting a special informal City Council meeting, at 6:30 p.m., on February 23, 2006, at the Municipal Center, for the purpose of discussing issues with the Urban Affairs Committee. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, setting a special informal City Council meeting, at 7:00 p.m., on March 2, 2006, at the Municipal Center, for the purpose of discussing issues with the Parks and Recreation Advisory Committee. Ayes - 5 - Nays - 0. FISCHER SAND & AGGREGATE, LLP, COMMERCIAL EXTRACTION PERMIT Mr. John Ericson, of Fischer Sand & Aggregate, LLP, requested extended hauling hours for a bid they are placing on a project involving paving Highway 212 from Norwood to Glencoe, Minnesota. Material for this project would come from their main pit on the west side of Pilot Knob Road. Due to the project’s distance, volume of material needed, and 90-working-day construction period, the petitioner is requesting they be allowed to operate Monday through Friday from 6:00 a.m. to 12:00 midnight, Saturday from 6:00 a.m. to 2:00 p.m., and Sunday from 4:00 p.m. to 12:00 midnight, beginning May 1 and concluding no later than September 5, 2006. Councilmember Erickson asked what route they intended to use. Mr. Ericson said they would travel County Road 42 to Cedar Avenue, out of Apple Valley. Councilmember Bergman asked staff if the Council has approved Sunday hauling hours in the past. Mr. Lawell said he could not find where Sunday hauling has been approved in the past several years. Councilmember Bergman asked if it was possible to increase the number of trucks Monday through Friday in order to eliminate hauling on Sunday. Mr. Ericson said his company would do that if they have to. Councilmember Goodwin inquired how many trucks would be hauling on Sunday. Mr. Ericson said between 35 and 40 trucks would make three round trips within an eight-hour period. CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 2006 Page 5 Councilmember Bergman asked who would be monitoring spillage and other issues during the requested hauling hours. Mr. Lawell said Code Enforcement is available to monitor hauling during normal business hours and the Police Department is available at all hours. Mr. Ericson said they own their own sweeper and are able to clean up any spills should they happen. Mayor Hamann-Roland stressed the importance of no jake breaking, cleaning up after spills, and hauling at appropriate weights and speeds. Councilmember Erickson said he has repeatedly heard residents express concern over trucks traveling too fast and running red lights and jake breaking. Police Chief Johnson said officers are on the road 24/7 and will enforce the laws. He requested trucks keep to the right-hand lane. Councilmember Bergman indicated he would prefer different hours or the elimination of all hours on Sunday. The Council discussed varying hours and concluded with an option of permitting trucks to haul from 1:00 to 9:00 p.m. on Sunday. Councilmember Goodwin asked Mr. Ericson if that would meet his company’s needs. Mr. Ericson said yes. Councilmember Erickson asked Mr. Ericson to repeat to his truck drivers multiple times that they are not allowed to jake break. MOTION: of Goodwin, seconded by Bergman, approving extended hauling hours for Fischer Sand & Aggregate, LLP, from the pit on the west side of Pilot Knob Road, from May 1 through September 5, 2006, Monday through Friday from 6:00 a.m. to 12:00 midnight, Saturday from 6:00 a.m. to 2:00 p.m., and Sunday from 1:00 p.m. to 9:00 p.m. Ayes - 5 - Nays - 0. Mr. Ericson then described two additional projects which would also require extended hours. He stated he will contact the City Administrator when he has more information and is ready to make further requests. COUNCIL COMMUNICATIONS Mayor Hamann-Roland said the City’s concerns over representation on the Metropolitan Airports Commission (MAC) Noise Oversight Committee (NOC) have been heard. Mr. Vern Wilcox, NOC Community Co-Chair, invited the Cities of Apple Valley, Lakeville, Rosemount, and Farmington to attend a meeting on February 8, 2006, to advocate for a position for representation on the NOC. CALENDAR OF UPCOMING EVENTS CITY OF APPLE VALLEY Dakota County, Minnesota January 26, 2006 Page 6 MOTION: of Goodwin, seconded by Bergman, approving the calendar of upcoming events as included in the City Clerk’s memo dated January 23, 2006, 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 Goodwin, seconded by Erickson, to pay the claims and bills, check registers dated January 19, 2006, in the amount of $496,307.57; and January 26, 2006, in the amount of $3,326,847.81. Ayes - 5 - Nays - 0. CLOSED MEETING, LABOR NEGOTIATIONS Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could hold a closed session, under the provisions of M.S. 471.705, Subd. 1a, to discuss labor negotiations. MOTION: of Bergman, seconded by Goodwin, to enter into a closed meeting and convene in closed session to discuss LELS Police Officers union labor negotiations. Ayes - 5 - Nays - 0. The Council convened in the Regent Conference Room at 8:50 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Erickson, Goodwin, and Grendahl; City Administrator Lawell, City Clerk Gackstetter, Police Chief Johnson, Police Captains Anglin and Rechtzigel, and Human Resources Manager Strauss. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:02 p.m. MOTION: of Erickson, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:03 o’clock p.m.