HomeMy WebLinkAbout07/14/2011 CITY OF APPLE VALLEY
Dakota County, Minnesota
July 14, 2011
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 14, 2011, at 8:00 o'clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann- Roland; Councilmembers Bergman, Goodwin, and Hooppaw.
ABSENT: Councilmember Grendahl.
City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Public Works Director Blomstrom, Assistant City Administrator Grawe,
Finance Director Hedberg, Parks and Recreation Director Johnson, Police Chief Johnson, City
Planner Lovelace, City Engineer Manson, Community Development Director Nordquist, Human
Resources Manager Pearson, Fire Chief Thompson, and Crime Prevention Specialist Walter.
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 Hooppaw, seconded by Bergman, approving the agenda for tonight's meeting, as
presented. Ayes - 4 - 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 Bergman, seconded by Goodwin approving all items on the consent agenda with
no exceptions. Ayes - 4 - Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting
of June 23, 2011, as written. Ayes - 3 - Nays - 0 - Abstain - 1 (Goodwin).
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 102 accepting,
with thanks, the donation of $500.00 in gift cards from Wal -Mart for the Night to
Unite celebration. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 14, 2011
Page 2
MOTION: of Bergman, seconded by Goodwin, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Ducks
Unlimited, Chapter 185, for use on September 14, 2011, and waiving any waiting
period for State approval. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the ALF Ambulance 2012 Budget,
as attached to the City Administrator's memo dated June 11, 2011, and
recommended by the ALF Ambulance Board. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 103 identifying
the need for Livable Communities Demonstration Account (LCDA) funding and
authorizing submittal of grant applications to Metropolitan Council. Ayes - 4 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the reduction of financial guarantee
for Cobblestone Lake Senior Housing (CDA) Natural Resources Management
Permit from $10,437.50 to $9,437.50 and the release of financial guarantee for
Apple Valley East Townhomes (CDA), as listed in the Community Development
Department Assistant's memo dated July 14, 2011. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 104 approving
plans and specifications for AV Project 2011 -104, 2011 Utility Improvements; and
authorizing advertising for receipt of bids, at 10:00 a.m., on August 18, 2011. Ayes
-4- Nays -0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 105 approving
the Settlement Agreement and Release documents for ponding easements,
authorizing execution of the documents, and approving payment for said
easements. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the First Amendment to Antenna
Lease Agreement with Dakota County for installation of antennas on Palomino
Lattice Tower, as attached to the Public Works Superintendent's memo dated July
14, 2011, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Design Agreement with South
Shore Development, Inc., for Cobblestone South Shore 5th Addition, as attached to
the City Engineer's memo dated July 14, 2011, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the First Supplement to Joint
Powers Agreement with Independent School District 196 for Lot 3, Block 1, High
School Four 2nd Addition, as attached to the City Attorney's memo dated July 7,
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 14, 2011
Page 3
2011, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays
-0.
MOTION: of Bergman, seconded by Goodwin, approving the Purchase Agreement with
Aggreco for land for Flagstaff Avenue, as attached to the City Attorney's memo
dated July 7, 2011, and authorizing the Mayor and City Clerk to sign the same.
Ayes -4- Nays -0.
MOTION: of Bergman, seconded by Goodwin, approving the Exchange Agreement with
McNamara Contracting Properties, LLC, as attached to the City Attorney's memo
dated July 7, 2011, and authorizing the Mayor and City Clerk to sign the same.
Ayes 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for AV Project
2011 -139, Roof Replacement — Central Maintenance Facility Areas 1 & 4, with A-
Plus Roofing Co., in the amount of $40,100.00, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for AV Project
2011 -121, 2011 Traffic Control Signal System Painting, with Budget Sandblasting
& Painting, Inc., in the amount of $12,190.00, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Payment Services Agreement
with Pay Pal, Inc., as attached to the Finance Director's memo dated July 10, 2011,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 106 awarding
the contract for AV Project 2011 -109, 2011 Micro Surfacing, to Astech Corp. the
lowest responsible bidder, in the amount of $314,126.35. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 107 awarding
the contract for AV Project 2009 -102, Whitney Pond Storm Water Improvements,
to Minnesota Dirt Works, Inc., the lowest responsible bidder, in the amount of
$595,941.70. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 108 awarding
the contract for AV Project 2011 -113, Well No. 20 Pumping Facility, to Rice Lake
Construction Group, the lowest responsible bidder, in the amount of $334,600.00.
Ayes -4- Nays -0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the contract
with McNamara Contracting, Inc., for AV Project 2011 -101, 2011 Street
Maintenance, in the amount of an additional $66,207.50. Ayes - 4 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 14, 2011
Page 4
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 3 to the contract
with E. H. Renner and Sons, Inc., for AV Project 2010 -111, Deep Well 20
Construction, in the amount of an additional $35,220.00. Ayes - 4 Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting AV Project 2011 -120, 2011 Sod
Replacement Services, as complete and authorizing final payment on the agreement
with Jirik Sod Farms, in the amount of $4,860.00. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, accepting AV Project 2011 -112, 2011 Farquar
Lake Weed Harvesting, as complete and authorizing final payment on the
agreement with Midwest Weed Harvesting, Inc., in the amount of $6,880.00. Ayes
-4- Nays -0.
MOTION: of Bergman, seconded by Goodwin, approving the 2012 Budget Calendar, as
attached to the Finance Director's memo dated July 6, 2011. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, setting a special informal City Council
meeting at 6:00 p.m. and Special Regular City Council Meeting at 8:00 p.m. on
September 6, 2011, at the Apple Valley Municipal Center, and canceling the
Informal and Regular meetings set for September 8, 2011. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the 2011 -2012 Labor Agreement
with Law Enforcement Labor Services, Inc., (LELS) Local No. 71, Police Officers,
as attached to the Human Resources Manager's memo dated July 11, 2011, and
authorizing execution of the necessary documents. Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal and part time
employees, temporary assignment of employee, and resignation of employees, as
listed in the Personnel Report dated July 14, 2011. Ayes - 4 - Nays - 0.
END CONSENT AGENDA
NIGHT TO UNITE
Ms. Walter read the proclamation proclaiming the 3rd annual "Night to Unite" on August 2, 2011.
MOTION: of Hooppaw, seconded by Goodwin, proclaiming August 2, 2011, as "Night to
Unite" and encouraging citizens to participate in and support the crime prevention
efforts this opportunity offers. Ayes - 4 - Nays - 0.
Ms. Walter then reviewed the agenda of activities planned throughout the City. She invited
everyone to attend a picnic sponsored by the Business Watch program, from 11:30 a.m. to 1:30
p.m., at Fire Station 1. Visits by the Police and Fire Departments and Councilmembers to
neighborhood events will begin at 5:00 p.m., and continue throughout the evening. There are
approximately 60 neighborhood parties registered so far. Neighborhoods interested in scheduling
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 14, 2011
Page 5
a party can register online. Ms. Walter said new this year are the partnerships with American
Automobile Association (AAA), who will be giving away 50 bicycle helmets, and the Apple
Valley Heart Restart, who has offered two community training events. As in the past, they are
collecting school supplies to be donated to Independent School District 196.
Mayor Hamann -Roland thanked Ms. Walter for coordinating this event and the businesses for
their generous donations.
COBBLESTONE LAKE SOUTH SHORE 5TH ADDITION
Mr. Lovelace reviewed the request by South Shore Development, LLC, for approval of an
amendment to the 2030 Comprehensive Plan Land Use Map, rezoning of Outlot K from "PD-
703 /Zone 8" to "PD- 703 /Zone 2 ", and a subdivision by preliminary plat of Outlot K, Cobblestone
Lake Commercial 3rd Addition, into 53 single family lots and one outlot. Outlot K is an 11.4 acre
site located in the northeast corner of 160th Street W. and Elmhurst Lane. The Metropolitan
Council approved the Comprehensive Plan amendment and the City Council can now take final
action.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011 - 109 approving
an amendment to the Land Use Map of the 2030 Comprehensive Guide Plan
changing the designation of Outlot K, Cobblestone Lake Commercial 3rd Addition,
from "MD" (Medium Density Residential /6 -12 units per acre) to "LD" (Low
Density Residential/3 -6 units per acre), as recommended by the Planning
Commission. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, passing Ordinance No. 921 rezoning Outlot
K, Cobblestone Lake Commercial 3rd Addition, from "PD- 703 /Zone 8" to "PD-
703 /Zone 2 ". Ayes - 4 - Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011 - 110 approving
the preliminary plat of Cobblestone Lake South Shore 5th Addition, for 53 lots and
one outlot, with conditions as recommended by the Planning Commission, subject
to completion of the appropriate rezoning. Ayes - 4 - Nays - 0.
Mr. Jacob Fick, of South Shore Development, LLC, thanked the Council for its approval.
CEDAR AVENUE AIA DESIGN ASSESSMENT TEAM
Mr. Lovelace invited residents and businesses to share their input regarding Transit Oriented
Design (TOD) along the Cedar Avenue Bus Rapid Transit (BRT) corridor with members of the
American Institute of Architects (AIA) Design Assessment Team at various events scheduled July
20 -22, 2011. Anyone interested in participating or learning more about the process should contact
the Community Development Department.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 14, 2011
Page 6
STAFF COMMUNICATION
Mr. Blomstrom provided an update on the Cedar Avenue transitway construction project.
Mr. Manson provided an update on the Galaxie Pond drainage improvement project located in
Galaxie Park.
Mr. Johnson invited everyone to "Music in Kelley Park at Stage One" from 6:00 to 9:00 p.m. on
July 15, 22, and 29, and August 5.
CALENDAR OF UPCOMING EVENTS
MOTION: of Goodwin, seconded by Hooppaw, approving the calendar of upcoming events as
included in the City Clerk's memo dated July 11, 2011, and noting that each event
listed is hereby deemed a Special Meeting of the City Council. Ayes - 4 - Nays - 0.
CLAIMS AND BILLS
MOTION: of Bergman, seconded by Goodwin, to pay the claims and bills, check registers
dated June 29, 2011, in the amount of $705,664.73; July 6, 2011, in the amount of
$292,484.53; and July 13, 2011, in the amount of $1,381,792.49. Ayes - 4 - Nays -
0.
MOTION: of Bergman, seconded by Hooppaw, to adjourn. Ayes - 4 - Nays - 0.
The meeting was adjourned at 8:50 o'clock p.m.
Respectfully Submitted,
Pamela J. G stetter, City Clerk
Approved by the Apple Valley City Council on 7-2$ -11