HomeMy WebLinkAbout05/10/2012 CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May lOth, 2012, 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: Assistant City Administrator Grawe, City Clerk Gackstetter,
City Attorney Hills, Public Works Director Blomstrom, Human Resources Manager Haas,
Finance Director Hedberg, Parks and Recreation Director Johnson, City Planner Lovelace, City
Engineer Manson, Community Development Director Nordquist, Acting Police Chief
Rechtzigel, 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 Grendahl, seconded by Hooppaw, moving item S.A — Proclaim May 18-19,
2012, as "Poppy Days" and May 2012 ,as "Poppy Month" and item S.B —
Proclaim May 28, 2012, as "Memorial Day" to items S.H and 5. I respectively;
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 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 - 5- Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting
of April 26, 2012, as written. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2012-97 accepting,
with thanks, the donation of a bench for Alimagnet Park from friends of Dan
Evert. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 2
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2012-98 accepting,
with thanks, the donation of $4,500.00 from Seasons of Apple Valley and Enjoy!
Restaurant for a fountain for Kelley Park pond. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving issuance of a new 2012-2013
License to sell tobacco or tobacco products to Tobacco Valley 1, Inc., d/b/a
Tobacco Valley, 7539 149th Street W., as described in the City Clerk's memo
dated May 7, 2012. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2012-99 approving
the interfund transfers between funds. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the release of financial guarantee
for Think Bank, as listed in the Community Development Department Assistant's
memo dated May 10, 2012. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the change in the color concrete
selection for Cedar Avenue transitway improvements, as described in the Public
Works Director's memo dated May 7, 2012. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the First Amendment to the Lease
Agreement with New Cingular Wireless PCS, LLC, as attached to the Public
Works Superintendent's memo dated May 10, 2012, and authorizing the Mayor
and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Licensing Agreement for
Improvements on Outlot J, Cobblestone Lake Commercial3rd Addition, as
attached to the City Planner's memo dated May 2, 2012, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the professional services
agreements with Braun Intertec Corporation for materials testing services related
to AV Project 2012-101, 2012 Street Maintenance Project, as attached to the City
Engineer's memo dated May 10, 2012, and authorizing the Mayor and City Clerk
to sign the same. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the Agreement for AV Project
2012-104, 2012 Utility Improvements, with Kruger Excavating, Inc., in the
amount of $26,072.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the
contract with Veit & Company, Inc., for AV Proj ect 2011-152, 2011 Sanitary
Sewer Lining, with a deduction of $50.00. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 3
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the
contract with Tecta America Stock Roofing, LLC, for Valleywood Clubhouse
Project #0741 — Roofing & Metal Panels, resulting in no change to the contract
amount. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the
contract with Regal Contractors, Inc., for Valleywood Clubhouse Project #0920 —
Drywall/Framing, in the amount of an additional $453.00. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the
contract with Acoustics Associates, Inc., for Valleywood Clubhouse Project
#0950 — Acoustical Ceilings, with a deduction of $820.00. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the
contract with Acoustics Associates, Inc., for Valleywood Clubhouse Project
#0965 — Resilient Flooring/Carpet, with a deduction of $1,672.00. Ayes - 5-
Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 2 to the
contract with Jim Murr Plumbing, Inc., for Valleywood Clubhouse Project #2200
— Plumbing & Piping, in the amount of an additional $4,091.00. Ayes - 5- Nays -
0.
MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the
contract with Prior Lake Blacktop, Inc., for Valleywood Clubhouse Project #3123
— Earthwork/Site Utilities/Asphalt Paving, with a deduction of $12,239.00. Ayes
-S-Nays-0.
MOTION: of Bergman, seconded by Goodwin, approving a billable rate of $65.00 per hour
and a pay rate of $52.00 per hour for extra-duty police officers, as described in the
Police Captain's memo dated May 3, 2012. Ayes - 5- Nays - 0.
MOTION: of Bergman seconded by Goodwin, approving hiring the seasonal employees, as
listed in the Personnel Report dated May 10, 2012. Ayes - 4- Nays - 0- Abstain -
1 (Hamann-Roland).
END OF CONSENT AGENDA
2012 SPECIAL ASSESSMENT ROLL 608
Mr. Hedberg described Assessment Roll No. 608, totaling $2,166.00, for delinquent false alarms.
He noted the hearing notice was published according to law and confirmed receipt of the
Affidavit of Publication. No written objections have been received and there have been no
prepayments.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 4
Mayor Hamann-Roland called the public hearing to order, at 7:05 p.m., on Special Assessment
Roll No. 608. The Mayor asked for questions or comments from the Council and the audience.
There were none and the hearing was declared closed at 7:06 p.m.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2012-100
approving and levying 2012 Special Assessment Roll No. 608, for delinquent
false alarms, in the total amount of $2,166.00. Ayes - 5- Nays - 0.
2012 SPECIAL ASSESSMENT ROLL NO. 609
Mr. Hedberg described Assessment Roll No. 609, totaling $4,964.36, for delinquent mowing,
tree removal, and trash clean up. He noted the hearing notice was published according to law
and confirmed receipt of the Affidavit of Publication. No written objections have been received
and there have been no prepayments.
Mayor Hamann-Roland called the public hearing to order, at 7:07 p.m., on Special Assessment
Roll No. 609. The Mayor asked for questions or comments from the Council and the audience.
There were none and the hearing was declared closed at 7:08 p.m.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2012-101
approving and levying 2012 Special Assessment Roll No. 609, for delinquent
mowing, tree removal, and trash clean up, in the total amount of $4,964.36. Ayes
-S-Nays-0.
2012 SPECIAL ASSESSMENT ROLL 610
Mr. Hedberg described Assessment Roll No. 610, totaling $177,614.46, for delinquent utilities
accounts. He noted the hearing notice was published according to law and confirmed receipt of
the Affidavit of Publication. The assessment represents 584 utility billing accounts. No written
objections have been received. The revised total following prepayments is $163,901.17.
Mayor Hamann-Roland called the public hearing to order, at 7:09 p.m., on Special Assessment
Roll No. 610. The Mayor asked for questions or comments from the Council and the audience.
There were none and the hearing was declared closed at 7:10 p.m.
Councilmember Hooppaw asked if the delinquent accounts are accruing year after year or are
they getting paid once they are assessed.
Mr. Hedberg noted several properties are repeatedly assessed for delinquent charges; however,
the majority of the accounts do get paid.
The Council held discussion.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 5
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2012-102
approving and levying 2012 Special Assessment Roll No. 610, delinquent utilities
accounts, in the revised amount of $163,901.17. Ayes - 5- Nays - 0.
COBBLESTONE LAKE PIZZA RANCH
Mr. Lovelace reviewed the request by DDJ Ranch Apple Valley, LLC, for a replat of an existing
lot and outlot that will create two new lots and a site plan review/building permit authorization
for a 6,998 square foot building and 102 surface parking spaces for Pizza Ranch on a 1.4 acre lot
in Cobblestone Lake Commercial4th Addition. The property is located on the northeast corner
of Pilot Knob Road and 157th Street W. As part of the review, Mr. Lovelace presented the site
plan, grading plan, utility plan, elevation drawings, and landscape plan. The Planning
Commission reviewed the request on Apri14, and May 2, 2012, and recommended approval.
Councilmember Goodwin asked why there was one dissenting vote for the site plan/building
permit authorization.
Mr. Lovelace explained the Planning Commissioner's opposition as he understood it.
Councilmember Goodwin said he believes the restaurant will be a great addition. He then
commented on the popularity of this chain in other cities.
Mr. Lovelace added that this is the first free standing Pizza Ranch in the metro area.
Councilmember Bergman thanked the applicant for coming to Apple Valley. He thinks the
restaurant will draw attention to this area of the City. He believes the businesses, Quarry Point
Park, and Pizza Ranch will benefit from each other.
Mr. Dan Peterson, Operating Partner of Pizza Ranch, said Pizza Ranch has been in operation for
30 years and they have approximately 170 restaurants. They hope to open in Apple Valley by
November 1. He stated they will employ approximately 110 part-time employees.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2012-103
approving the final plat for correction or recombination of Cobblestone Lake
Commercial4th Addition.. Ayes - 5- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-104
approving the site plan and authorizing issuance of a building permit for
construction of a 6,998 square foot building and 102 surface parking spaces on
Lot 1, Block 1, Cobblestone Lake Commercial4th Addition, with conditions as
recommended by the Planning Commission. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 6
FISCHER POINT
Mr. Lovelace reviewed the request by Fischer Sand and Aggregate, LLC, for an amendment to
the 2030 Comprehensive Plan Land Use Map, redesignating the northwest 25 acres of the site
from "MBC" (Mixed Business Campus) to "C" (Commercial); rezoning the northwest 25 acres
of the site from "SG" (Sand and Gravel) to "RB" (Retail Business); and a subdivision by
preliminary plat. The 55.73 acre site is located on the southeast corner of County State Aid
Highway 42 and Flagstaff Avenue. The Metropolitan Council approved the Comprehensive Plan
amendment on Apri127, 2012. He noted Menards Corporation would like to relocate their
existing facility to Lot 1. Menards would also purchase the outlot to the north and use it for
retail development.
The Council commented on the great things happening in the City and noted that this is a terrific
reinvestment by Menards.
Councilmember Grendahl asked if any residents expressed concerns on any of the issues.
Mr. Lovelace stated the Planning Commission held a public hearing. He received a couple
phone calls with questions, but no complaints were received and no one spoke at the public
hearing.
Councilmember Grendahl asked about the two dissenting votes from the Planning Commission.
She sees this as smart, planned growth.
Mr. Lovelace said he believed the main reason was that these two Commissioners wanted to
develop the mixed business campus as one large tract of land and did not want the site to be
subject to commercial creep.
Councilmember Goodwin said the City has to be flexible. There are still many acres available
for the mixed business campus. He thinks this is a golden opportunity and he is happy to have
this development on a difficult corner.
Councilmember Bergman said he is also concerned about the creep, but acknowledges this is a
difficult piece of property. He does not want commercial development to go beyond the Hanson
property.
The Council and staff held discussion.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-105
approving an amendment to the Land Use Map of the 2030 Comprehensive Guide
Plan re-designating Lot 1 and Outlot A, Fischer Point, from "MBC" (Mixed
Business Campus) to "C" (Commercial), as recommended by the Planning
Commission. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 7
MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 932 rezoning Lot 1
and Outlot A, Fischer Point, "SG" (Sand and Gravel) to "RB" (Retail Business).
Ayes-S-Nays-0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2012-106
approving the preliminary plat of Fischer Point, for one lot and four outlots, with
conditions as recommended by the Planning Commission. Ayes - 5- Nays - 0.
POPPY DAYS PROCLAMATION
Ms. Heike Cybart of the American Legion Auxiliary Poppy Committee was present. She read
the proclamation, proclaiming May 18-19, 2012, as "Poppy Days" and May 2012 as "Poppy
Month".
MOTION: of Grendahl, seconded by Hooppaw, proclaiming May 18-19, 2012, as "Poppy
Days" and May as "Poppy Month" and asking citizens to pay tribute to those who
have died in war in the name of freedom. Ayes - 5- Nays - 0.
The Mayor thanked the Auxiliary for its efforts in remembering those who have died in war by
distributing the memorial flowers and presented the proclamation to Ms. Cybart.
MEMORIAL DAY PROCLAMATION
The Mayor presented the "Memorial Day" proclamation to Mr. Cybart.
Mr. Lloyd Cybart, on behalf of American Legion, Post 1776, read the proclamation proclaiming
May 28, 2012, "Memorial Day". He invited everyone to the ceremonies at 11:00 a.m. at the
Apple Valley American Legion Memorial located behind the American Legion Post on Granada
Avenue.
MOTION: of Grendahl, seconded by Goodwin, acknowledging the Federal Proclamation of
May 28, 2012, as "Memorial Day" and asking citizens to remember those who
were casualties and injured in the various wars and police actions of the United
States. Ayes - 5- Nays - 0.
The Council thanked the veterans for their service.
COMMUNICATIONS
Mr. Blomstrom provided an update on the Cedar Avenue transitway construction project.
Mr. Nordquist and Mayor Hamann-Roland provided an update on the Omnibus Tax Bill.
The Council held discussion regarding the status of the Omnibus Tax Bill.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 10, 2012
Page 8
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 May 8, 2012, 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 Bergman, seconded by Goodwin, to pay the claims and bills, check registers
dated May 3, 2012, in the amount of $798.196.38; and May 10, 2012, in the
amount of $1,019,989.79. Ayes - 5- Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5- Nays - 0.
The meeting was adjourned at 8:16 o'clock p.m.
Respectfully Submitted,
�
Pamela J. Gac�stetter, City Clerk
Approved by the Apple Valley City Council on 5- 2�-12