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Home My WebLink About12/22/2016 CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 22, 2016, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Planner Bodmer, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Michael Boerboon. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Bergman, approving the agenda for tonight's meeting, as presented. 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. � Mr. Michael Boerboon, student at Apple Valley High School, said he will be shadowing Mayor Hamann-Roland over the next several months as part of a Mentorship Experience Program. 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 Hooppaw, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Bergman, approving the minutes of the regular meeting of December 8, 2016, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2016 Page 2 MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-226 accepting, with thanks,the donation of$100.00 from Nick and Mary-Kay Gillen for use by Police Department. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving renewal and issuance of licenses and permits for 2017, as listed in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-227 committing General Fund balances for 2016 financial statement purposes. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-228 amending the 2017 budget for specific items and 2016 uncompleted projects. Ayes - S -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-229 amending the 2016 budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No.2016-230 approving the Public Works Department Policy Manual, Section 1.09 - Driver Feedback Equipment Policy. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the reduction of financial guarantees for Quarry Ponds Fourth Addition from $343,493.00 to $190,407.00, Embry Place Second Addition from $374,185.00 to $196,250.00, and Cortland Fifth Addition from $1,202,654.00 to $61,550.00, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-231 approving and levying 2016 Special Assessment Roll No. 642, for Project 2014- 112, Cortland 3rd Addition, and Project 2014-144, Embry Place, in the amount of $1,447,927.00. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-232 approving the first amendment to Development Agreement with Arcon Land IV, LLC, for Project 2015-143, Embry Place Second Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-233 accepting permanent right-of-way easements for Project 2015-143, Embry Place Second Addition. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-234 approving a 10-foot front yard setback variance on Lot 1, Block 2, Valley Oaks CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2016 Page 3 Estates (13608 Gossamer Way),with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-235 accepting Drainage and Utility Easement on Lot 1, Block 2, Valley Oaks Estates (13608 Gossamer Way). Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-236 approving the extension of the Giselle's Corner final plat. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1024 amending Article A35 of Chapter 155 of the City Code amending setbacks in Planned Development No. 1014, Hudson Division. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the Lease Agreement with St. Mary's University for rentable space at 14200 Cedar Avenue (former Apple Valley City Hall), as attached to the Communify Development Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-237 directing preparation of plans and specifications for Project 2017-101, Valleywood Reservoir Rehabilitation. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, authorizing solicitation of quotes for engineering services with KLM Engineering, Inc., and SEH Design Build, Inc., for Project 2017-101, Valleywood Reservoir Rehabilitation, as described in the Public Works Superintendent- Utilities memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-238 directing preparation of plans and specifications for Project 2017-103, 2017 Micro Surfacing. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-239 directing preparation of plans and specifications for Project 2017-105, 2017 Street Improvements. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-240 approving plans and specifications for Project 2017-121, 2017-2018 Mowing and Trimming Services; and authorizing advertising for receipt of bids, at 10:00 a.m., on January 24, 2017, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving Grant Agreement with Metropolitan Council for grant resources to be used towards the 2040 CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2016 Page 4 Comprehensive Plan update, as attached to the Community Development Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving terminating the Grant Agreement with the Metropolitan Council for transit oriented office development, as described in the Community Development Director's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for Project 2016- 182, Well Pumps 5, 10, 14 and Low Zone Pump 2 Maintenance, with Keys Well Drilling Company, in the amount of$74,595.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. • MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for Project 2017- 114, Water Treatment Chemical—Hydrofluorosilicic Acid, with DPC Industries, Inc., in the amount of$16,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for Project 2017- 114, Water Treatment Chemicals—Chlorine and Sodium Permanganate, with Hawkins, Inc., in the amount of$47,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for Project 2017- 115, 2017 Water Meter Reading Services, with RMR Services, LLC, in the amount of$23,400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 1 to the Agreement with Asphalt Surface Technologies Corporation, in the amount of an additional $9,702.37, and accepting Project 2016-106, 2016 Micro Surfacing, as complete and authorizing final payment in the amount of$9,702.37. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 2 to the Agreement with Progressive Consulting Engineers, Inc., in the amount of an additional $4,096.29, and accepting Project 2015-112, 2015 Utility Rate Study, as complete and authorizing final payment in the amount of$2,617.50. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Bergman, accepting Project 2016-135, 2016 Hydrant Reconditioning and Painting, as complete and authorizing final payment on the Agreement with Champion Coatings, Inc., in the amount of$20,536.00. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2016 • Page 5 MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2016-241 approving changes to the Pay and Benefit Plan for 2017. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, approving hiring the seasonal,part time and full time employees, acting assignment of employee, and resignation of employee, as listed in the Personnel Report dated December 22, 2016. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Bergman, to pay the claims and bills, on the check register dated November 30, 2016, in the amount of$1,571,112.99; and December 7, 2016, in the amount of$1,361,418.75. Ayes - 5 -Nays- 0. END OF CONSENT AGENDA DELEGARD APPLE VILLA APPARTMENTS Ms. Bodmer reviewed the request by Delegard Apple Villa Properties, LLC, for a Comprehensive Plan amendment redesignating property from"MD" (Medium Density Residential, 6-12 units/acre)to "HD" (High Density Residential, 12+units/acre), a rezoning from "M-7C" (Multiple Family Residential, 12-20 units/acre)to "PD" (Planned Development), and a final plat approval. The applicant is requesting these land use actions in order to construct • a new 28-unit apartment building at 7800-7822 Whitney Drive. Discussion followed. , Councilmember Grendahl requested the owner and management company continue to be active in the crime-free multi-housing program. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-242 approving an amendment to the Land.Use Map of the 2030 Comprehensive Guide Plan redesignating property from "MD" (Medium Density Residential, 6-12 units/acre)to "HD" (High Density Residential, 12+units/acre), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, passing Ordinance No. 1025 rezoning certain land from"M-7C" (Multiple Family Residential, 12-20 units/acre) and amending Chapter 155 of the City Code by Adding Article A36 establishing new Planned Development Designation No. 1025, Apple Villa 2nd Addition, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2016-243 approving the final plat and waiver of Development Agreement for Apple Villa 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - � 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 22, 2016 Page 6 • COMMUNICATIONS Mr. Lawell provided a brief update regarding the vacancies on various advisory committees. Fire Chief Thompson warned the public regarding possible thin ice on lakes and other water bodies. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk's memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:26 o'clock p.m. Respectfully Submitted, P acl2o�� Pamela J. G st er, City Clerk �-� � Approved by the Apple Valley City Council on 1- 12- 1-1 M H -Rol d, Mayo �