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.