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Home My WebLink About03/22/2018 CITY OF APPLE VALLEY Dakota County, Minnesota • March 22, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,Minnesota, held March 22, 2018, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergrnan, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff inembers present were: City Administrator Lawell, Deputy City Clerk Marschall, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director � Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, 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 to the flag. APPROVAL OF AGENDA • MOTION: of Hooppaw, 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. No one requested 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 Goodwin, seconded by Bergrnan, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of March 8, 2018, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-31 accepting, • with thanks, the donation of$100.00 from Meredith and John Kuharenko for use by the Police Department. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 2 • MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-32 accepting, with thanks, the donation of a Masimo Rad-57 Pulse Oximeter from the Minnesota Deparhnent of Natural Resources, Division of Forestry, for use by the Fire Department. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman,receiving the Planning Commission's 2017 annual report. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman,receiving the Urban Affairs Advisory Committee's 2017 annual report. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-33 appointing Greg Helms as Commissioner,to the Board of the Black Dog Watershed Management Organization. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-34 establishing load restrictions on City streets. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2018-35 of support for the Corridors of Commerce Program funding of the Trunk Highway 77 (Cedar • Avenue)northbound MnPASS lane addition project. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving naming the park property located in the Cortland neighborhood"Embry Path Park" and directing staff to install an interpretive sign within the park to memorialize the previous property owners and their community history. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of Natural Resources Management Permit(NRMP) financial guarantee for Hunter Forrest, from $20,000.00 to $10,000.00, as listed in the Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-36 approving plans and specifications for Project 2018-103, 2018 Micro Surfacing, and authorizing advertising for receipt of bids, at 10:00 a.m., on Apri124, 2018, via a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-37 approving plans and specifications for Project 2016-138, Signal Modification at 140th Street and Galaxie Avenue, and authorizing advertising for receipt of bids, at 10:30 a.m., on Apri124, 2018, via a posting on th� City's website and Quest Construction Data • Network. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 • Page 3 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-38 awarding the agreement for Project 2018-101, 2018 Street&Utility Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $3,741,598.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-39 awarding the agreement for Project 2018-105, 2018 Street Improvements, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of$1,127,831.37. Ayes - S -Nays - O. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2018-40 awarding the agreement for Energy Savings Performance contract, to Ameresco, Inc., in the amount of$1,917,828.00. Ayes -4 -Nays- 0 -Abstain- 1 (Grendahl). MOTION: of Goodwin, seconded by Bergman, approving the License Agreement for accessory structure on Lot 2, Block 4, Greenleaf Sixth Addition(5778 138th Street Court), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement for lease-to-own • equipment for Valleywood Golf Course, with MTI Distributing, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement for lease-to-own equipment for Valleywood Golf Course, with Turfwerks Corporation, subject to final revisions and minor changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the agreement with Dering Pierson Group, LLC, for Education Building Renovation, in the amount of an additional $31,876.41. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the agreement with Ryan Mechanical, Inc.,with a deduction of$17,160.00; and accepting HVAC Old City Hall, as complete and authorizing final payment in the amount of$245,240.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergrnan, accepting Fire Station Security Camera System, as complete and authorizing final payment on the agreement with Pro-Tec Design, Inc., in the amount of$3,000.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 2018-106, Ash Tree • Removals, as complete and authorizing final payment on the agreement with Twin City Tree Authority, LLC, in the amount of$614.32. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 4 • MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated March 22, 2018. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman,to pay the claims and bills, check registers dated February 28, 2018, in the amount of$178,752.60, and March 8, 2018, in the amount of$826,942.25. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY Ms. Bodmer reviewed the request by Village Point Plaza, LLC, for consideration of a final plat, development agreement, planned development ageement, and site plan review/building permit authorization to construct a mixed-use development including a 58-unit senior cooperative building and 30,000 sq. ft. of retail, restaurant, and office uses on the southwest corner of Galaxie Avenue and 153rd Street, at 7070 153rd Street W. On June 21, 2017,the Planning Commission voted unanimously to recommend approval of this project with conditions. Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-41 approving • the final plat and Development Agreement for Village Pointe Plaza, subject to minor modifications as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman seconded by Goodwin, adopting Resolution No. 2018-42 approving the Planned Development Agreement with Village Point Plaza, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2018-43 approving the site plan and authorizing issuance of a building permit for construction of a 58- unit senior cooperative building and 30,000 sq. ft. of retail,restaurant, and office uses on Lot l, Block 1,Village Pointe Plaza, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. QUARRY PONDS FIFTH ADDITION Mr. Lovelace reviewed the request by Rockport, LLC, to consider rezoning of 15.22 acres from "SG"(Sand and Gravel)to "PD-975"/Zone 1" (Planned Development); a subdivision by preliminary plat; and a zoning amendment to allow a 50-foot reduction in the minimum front yard setback for lots that contain a minimum of 52 feet of an underground pipeline easement. Discussion followed. • CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 � Page 5 MOTION: of Goodwin, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1041 rezoning property from"SG" (Sand and Gravel) to "PD-975/Zone 1" (Planned Development), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1042 amending Chapter 155 of the City Code. Ayes - 5 -Nays - 0. MOTION: of Bergman seconded by Hooppaw, adopting Resolution No. 2018-44 approving the preliminary plat of Quarry Ponds Fifth Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. Mr. Bill Mauer of Probe Engineering said no mining is taking place within 1,000 feet of the location, and existing residents are notified of on-going gravel operations. ORDINANCE AMENDING MASSAGE THERAPY LICENSES Mr. Grawe gave the first reading of an ordinance amending Chapter 123 of the City Code entitled "Massage Therapy Business and Massage Therapist Licenses",regulating massage therapy establishments and therapists. The ordinance was prepared by the City Attorney's office. The • second reading is scheduled for April 12, 2018. Discussion followed. The City Council accepted the first reading. COMMUNICATIONS Mr. Lawell reminded the public of the vacancy on the Urban Affairs Advisory Committee and invited those interested to apply by Apri120, 2018. Mayor Hamann-Roland said the City of Apple Valley was featured today on KSTP's Twin Cities Live. The program showcased and celebrated all aspects of Apple Valley. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, 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. CLOSE MEETING- ATTORNEY-CLIENT PRIVILEGE • Mayor Hamann-Roland requested a motion to close the meeting under the exceptions to the open meeting law to discuss the terms and conditions for the possible sale of City-owned land. CITY OF APPLE VALLEY Dakota County, Minnesota March 22, 2018 Page 6 • MOTION: of Bergman, seconded by Grendahl,to enter into a closed meeting and convene in closed session to discuss the terms and conditions for possible sale of City-owned land (Parcel ID 22-01200-51-010). Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 7:42 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; City Administrator Lawell, Deputy City Clerk Marschall, City Attorney Hills, Finance Director Hedberg, Community Development Director Nordquist, and Public Works Director Saam. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:07 p.m. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 -Nays - 0. � T'he meeting was adjourned at 8:07 o'clock p.m. � Respectfully Submitted, ��5�� Stephanie Marschall, Deputy City Clerk � • Approved by the Apple Valley City Council r on �f—/o'Z ��F3 M H lan , Mayor ' •