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HomeMy WebLinkAbout02/23/2006 CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 23rd, 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, Parks Superintendent Adamini, Police Captain Anglin, Finance Director Ballenger, Recreation Supervisor Bird, Associate City Planner Dykes, Assistant City Administrator Grawe, Public Works Director Heuer, Police Chief Johnson, Acting Community Development Director Lovelace, Police Captain Rechtzigel, and Human Resources Manager Strauss. 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 Grendahl, moving item 4.F – Approve Relocation of Ring-Around-the-Arts Festival to the regular agenda and adding two new items-- TCF National Bank Stipulation of Settlement and Dismissal, and Change in Time and Location of Informal Meeting of March 9, 2006, 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of February 9, 2006 as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Page 2 Resolution No. 2006-27 MOTION: of Bergman, seconded by Grendahl, 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. Resolution No. 2006-28 MOTION: of Bergman, seconded by Grendahl, adopting setting a public hearing on March 23, 2006, at 8:00 p.m., on the application for On-Sale Wine and 3.2 Percent Malt Liquor Licenses by Nghia Truong, Kimchi Troung, and Sang Nguyen d/b/a Song Long Restaurant. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a 2006 On-Sale 3.2 Percent Malt Liquor License to Joel Watrud d/b/a Apple Valley Golf Course, at 8661 – 140th Street W. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving renewal of the City’s property, liability, workers’ compensation, and umbrella insurance coverage for March 1, 2006, through March 1, 2007, with the League of Minnesota Cities Insurance Trust at a total premium of $675,295.00, including the Agent Fee of $7,000.00, as recommended in the Finance Director’s memo dated February 17, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the release of financial guarantee for Regatta 2nd Addition and the reduction of financial guarantee for Legacy Square from $206,646.00 to $18,750.00, as listed in the Community Development Secretary’s memo dated February 17, 2006. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Addendum Agreement to the contract with Industrial Hygiene Services Corporation for Class V Well Inventory and Inspection for Regulated Materials, at a cost not to exceed $8,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. Resolution No. 2006-29 MOTION: of Bergman, seconded by Grendahl, adopting approving specifications for Removal and Replacement of Concrete Curb, Gutter, Sidewalk, and Pedestrian Curb Ramps; and authorizing advertising for receipt of bids, at 2:00 p.m., on March 16, 2006. Ayes - 5 - Nays - 0. Resolution No. 2006-30 MOTION: of Bergman, seconded by Grendahl, adopting directing the City Engineer to prepare plans and specifications for Project 05-290, Whitney Pond Construction. Ayes - 5 - Nays - 0. Resolution No. 2006-31 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for Concrete Walks, Curbing, and Asphalt Pathways Installation at Kelley Park to Ron Kassa Construction, Inc., the low bidder, in the amount of $95,528.00. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Page 3 Resolution No. 2006-32 MOTION: of Bergman, seconded by Grendahl, adopting awarding the contract for 2-Year Lease of (13) 72-Inch Out-Front Mowers to MTI Distributing, the low bidder, in the amount of $106,938.24. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Video Messaging and Program Playback System as final, and authorizing final payment on the contract with Alpha Video, Inc., in the amount of $22,660.04. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the promotion of Mark Weimelt to the position of Working Foreman as listed in the Personnel Report dated February 23, 2006. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER KEELER Police Captain Anglin introduced newly hired Police Officer Adam Keeler to the Council. The City Clerk administered the oath of office to Officer Keeler. Police Chief Johnson then presented him with his badge. The Council congratulated Officer Keeler, noted he is the first graduate of Eastview High School to join Apple Valley’s police force, and welcomed him to his new position. CVS PHARMACY Ms. Dykes said a request for rezoning, a Conditional Use Permit, and a site plan/building permit authorization for a CVS Pharmacy located on the southwest corner of County Road 42 and Galaxie Avenue was presented and tabled at the February 9, 2006, City Council meeting. Since then, Velmeir Companies has submitted a revised site plan. Staff has not completed its review of the plan. Due to the fact there are still outstanding issues, the applicant has asked this item be tabled until March 9, 2006. Mayor Hamann-Roland called the public hearing to order, at 8:16 p.m., to consider rezoning property located at 15051 Galaxie Avenue from “GB” (General Business) to “PD” (Planned Development), and noted receipt of the affidavit of publication of the hearing notice. MOTION: of Erickson, seconded by Goodwin, tabling the hearing, and consideration of rezoning of property, a Conditional Use Permit, and a site/plan/building permit authorization for Lot 1, Block 1, Southport First Addition and Lot 1, Block 1, Southport Third Addition (15051 Galaxie Avenue) until March 9, 2006, as requested by the applicant. Ayes - 5 - Nays - 0. ORDINANCE AMENDING FEES CONTAINED IN CITY CODE CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Page 4 Mr. Heuer reviewed proposed amendments to the fee schedule contained in the City Code. Fee adjustments are proposed for Dakota County Soil and Water Conservation District (DCSWCD) consultant fees for development agreements and sanitary sewer trunk charges. DCSWCD raised their rates for various fees and the proposed changes reflect their new rates. The proposed fee for sanitary sewer trunk charges are requested to help offset fees for installing sanitary sewer and meets statutory requirements. MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading to amend the Fee Schedule Appendix of Title III of the City Code by adjusting certain fees and charges. Ayes - 5 - Nays - 0. Ordinance No. 788 MOTION: of Erickson, seconded by Bergman, passing amending the Fee Schedule Appendix of Title III of the City Code by adjusting certain fees and charges. Ayes - 5 - Nays - 0. REAPPOINT COMMISSION & COMMITTEE MEMBERS The City Clerk reviewed her memo dated February 17, 2006, regarding Commission and Committee Members with terms expiring March 1, 2006. Resolution No. 2006-33 MOTION: of Grendahl, seconded by Bergman, adopting reappointing David J. Kemp and Gary Wagner to the Cemetery Advisory Committee for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. Resolution No. 2006-34 MOTION: of Erickson, seconded by Bergman, adopting reappointing Thomas C. G. Helgeson and Thomas O. Melander to the Planning Commission for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. Resolution No. 2006-35 MOTION: of Bergman, seconded by Goodwin, adopting reappointing Harald Eriksen and Arthur Zimmerman to the Traffic Safety Advisory Committee for a term expiring March 1, 2009. Ayes - 5 - Nays - 0. The Council congratulated the reappointees and extended thanks to all Commissioners and Committee Members for their invaluable services. TCF NATIONAL BANK STIPULATIONS City Attorney Dougherty described the lawsuit commenced by TCF National Bank in order to gain access to a home it acquired through foreclosure. The home is located at Lot 1, Block 1, Avsur Acres (13238 Pennock Drive). Access to the site is by a driveway that traverses an adjacent parcel. Owners of the adjacent parcel refused TCF National Bank use of this driveway. The City of Apple Valley was also named as a defendant, because it held permanent easement and right of way for utility purposes. Similar to most properties, the easement held by the City is CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Page 5 located along the perimeter of the parcel. An agreement has since been reached by the two property owners. Because the City was initially named in the suit, it must consent to any agreement. The Stipulation, which will result in dismissal of the lawsuit, states the City is not responsible for any costs associated with the settlement. MOTION: of Goodwin, seconded by Erickson, approving the Stipulation for Settlement and Dismissal and the Stipulation to Dismiss between TCF National Bank and Jason A. Weiser and Kari A. Hackert, Bell America Mortgage, LLC, d/b/a Bell Mortgage, and the City of Apple Valley, a municipal corporation, as attached to the City Attorney’s memo dated February 23, 2006, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. RING-AROUND-THE ARTS-FESTIVAL RELOCATION Mr. Lawell described the request by the Ring-Around-the-Arts Festival Committee to change the venue for the September 16 and 17, 2006, Ring-Around-the-Arts Festival to the Municipal Center parking lot. Mr. Adamini said the move is contingent on receiving permission from Dakota County to use the Western Service Center parking lot for the farmers market. The farmers market, which typically utilizes the Municipal Center parking lot, is still operating at that time of year. Mayor Hamann-Roland asked if Mr. Gerten is aware of this request. Mr. Lawell said he is aware and has indicated the farmers market is interested in being part of this event and is willing to work with the City. Councilmember Bergman questioned if parking was sufficient and if the same amount of vendors would be able to participate if the Festival relocated to the Municipal Center parking lot. Mr. Bird said the Municipal Center parking lot is smaller than the Aquatic Center parking lot they have been using, but has sufficient space for the artists’ booths. It is staff’s intention to inquire with neighboring properties about using their parking lots for overflow parking. MOTION: of Erickson, seconded by Grendahl, approving the relocation of the Ring-Around- the-Arts Festival for 2006 to the Municipal Center parking lot contingent on additional space being secured at the Dakota County Western Service Center for the farmers market. Ayes - 5 - Nays - 0. SET SPECIAL MEETING MOTION: of Bergman, seconded by Goodwin, approving a change in time and location of the informal meeting previously set for March 9, 2006; with the meeting now scheduled at 6:00 p.m. at the Partners in Higher Education Building, located at 14200 Cedar Avenue. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Page 6 METROPOLITAN AIRPORTS COMMISSION NOISE OVERSIGHT COMMITTEE Mayor Hamann-Roland said she and Councilmember Bergman attended a Metropolitan Airports Commission (MAC) Noise Oversight Committee (NOC) subgroup meeting during which it was agreed to expand the at-large cities to include Apple Valley. The at-large cities will meet on the subject and then the full NOC Board will vote on whether or not to include Apple Valley as an at- large city. Councilmember Bergman said he is glad the City may have the opportunity to be represented on the NOC, but recognized it is not a done deal. Understanding there may be varying opinions amongst the Council, he suggested the Council discuss who it would like to represent Apple Valley prior to the point in time when MAC makes its final decision. Mary Hamann-Roland said the at-large cities will appoint its representative and alternate. Councilmember Erickson said he would like to see Mr. Lawell be our representative, but realizes the other cities will need to be convinced. Councilmember Goodwin suggested this discussion may be premature. Councilmember Grendahl suggested the representative be an elected official, due to the level of concern brought forth by citizens. Councilmember Goodwin said he would typically agree that the representative should be an elected official. However, it is his understanding that the material is very technical and the time commitment and level of expertise required to be effective against other permanent members may not be conducive to part-time council members. Councilmember Bergman expressed concern over the additional work which may be borne by City staff. The Council discussed the terms of the position and possible options for representation on the NOC. Mayor Hamann-Roland closed by suggesting a possible compromise may be to appoint a staff person and an elected official. MINNESOTA VALLEY TRANSIT AUTHORITY BUS SERVICE Councilmember Grendahl announced that the Minnesota Valley Transit Authority (MVTA) is reinstating Saturday bus service to Apple Valley. She provided the routes and times of service, and encouraged riders to utilize the service. CITY OF APPLE VALLEY Dakota County, Minnesota February 23, 2006 Page 7 SENIOR VOLUNTEERS OF THE YEAR Councilmember Bergman congratulated Ralph and Maggie Arnold on being selected as Apple Valley’s Senior Volunteers of the Year. Mr. and Mrs. Arnold were recognized at Mid-Winter Fest for their many volunteer activities. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, approving the calendar of upcoming events as included in the City Clerk’s memo dated February 17, 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 Bergman, to pay the claims and bills, check registers dated February 15, 2006, in the amount of $791,104.06; and February 23, 2006, in the amount of $12,557,278.01. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 9:05 o’clock p.m.