HomeMy WebLinkAbout08/23/2012 CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held August 23, 2012, at 7:00 o'clock p.m., at Apple Valley Municipal Center.
PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, and Hooppaw.
ABSENT: Councilmember Grendahl.
City staff inembers present were: City Administrator Lawell, Deputy City Clerk Marschall, City
Attorney Hills, Acting Parks and Recreation Director Adamini, Public Works Director
Blomstrom, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance
Director Hedberg, City Planner Lovelace, City Engineer Manson, Community Development
Director Nordquist, Police Chief Rechtzigel, and Fire Chief Thompson.
Mayor Hamann-Roland called the meeting to order at 7:01 p.m. Everyone took part in the Pledge
of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Hooppaw, 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 Hooppaw, seconded by Bergman, approving all items on the consent agenda
with no exceptions. Ayes - 4- Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Hooppaw, seconded by Bergman, approving the minutes of the regular meeting
of August 9, 2012, as written. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-163 accepting,
with thanks, the donation of $100.00 from Pat Sullivan, Jr., for Valleywood
Clubhouse. Ayes - 4- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Page 2
MOTION: of Hooppaw, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to American Legion
Auxiliary, Unit 1776, for use on November 10, 2012, at the Apple Valley American
Legion, 14521 Granada Drive, and waiving any waiting period for State approval.
Ayes-4-Nays-0.
MOTION: of Hooppaw, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to School of Environmental
Studies Education Foundation, for use on September 29, 2012, at the School of
Environmental Studies, 12155 Johnny Cake Ridge Road, and waiving any waiting
period for State approval. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-164 setting
public hearing on issuance of Health Care Revenue Refunding Bonds for Evercare
Senior Living, LLC, Project, and authorizing the publication of a notice of public
hearing on September 1 l, 2012, at 7:00 p.m. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-165 approving
specifications for Quarry Point Park Storm Damage Repair and authorizing
advertising for receipt of bids at 10:00 a.m., on September 14, 2012. Ayes - 4-
Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the First Amendment to Lease
Agreement with T-Mobile Central, LLC, for ground equipment and antenna at
Longridge Reservoir, 8350 160th Street, as attached to the Public Works
Superintendent's memo dated August 23, 2012, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the First Amendment to Lease with
Option Agreement with T-Mobile Central, LLC, for ground equipment and antenna
at Nordic Reservoir, 13099 Foliage Avenue, as attached to the Public Works
Superintendent's memo dated August 23, 2012, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Second Amendment to Lease
with Option Agreement with T-Mobile Central, LLC, for ground equipment and
antenna at Hagemeister Park, 12925 Johnny Cake Ridge Road, as attached to the
Public Works Superintendent's memo dated August 23, 2012, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Second Amendment to Lease
Agreement with T-Mobile Central, LLC, for ground equipment and antenna at
Palomino Lattice Tower, 7738 128th Street, as attached to the Public Works
Superintendent's memo dated August 23, 2012, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Page 3
MOTION: of Hooppaw, seconded by Bergman, approving the First Amendment to Lease with
Option Agreement with T-Mobile Central, LLC, for ground equipment and antenna
at Quarry Point water tower, 5551 160th Street, as attached to the Public Works
Superintendent's memo dated August 23, 2012, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the First Amendment to Lease with
Option Agreement with T-Mobile Central, LLC, for ground equipment and antenna
at Valleywood Reservoir, 4863 McAndrews Road, as attached to the Public Works
Superintendent's memo dated August 23, 2012,. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Second Amendment to the
professional services agreement with Short Elliott Hendrickson, Inc., for design of
Water Treatment Plant Expansion, in accordance with the proposal dated August
17, 2012, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4-
Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Water Quality Improvement
Cost Share Program Agreement with Keith Lowinske for raingarden at 12826
Emmer Place, in an amount not to exceed $500.00, and authorizing the Mayor and
City Clerk to sign the same. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Joint Powers Agreement with
the State of Minnesota, acting through its Department of Public Safety, Bureau of
Criminal Apprehension, for Criminal Justice Data and CJDN Subscriber
Agreement, as attached to the Assistant City Attorney's memo dated August 20,
2012, and authorizing the Mayor and Deputy City Clerk to sign the same. Ayes - 4
- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Design Agreement with
Menard, Inc., for design services relating to AV Project 2012-112, Fischer Point
Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4-
Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for Private
Installation of Improvements for infrastructure installation relating to AV Project
2012-151, Cobblestone Lake South Shore 7th Addition, with South Shore
Development, Inc., and authorizing the Mayor and City Clerk to sign the same.
Ayes-4-Nays-0.
MOTION: of Hooppaw, seconded by Bergman, approving the Agreement for AV Project
2012-123, 2012 Traffic Control Signal System Painting, with OLS Restoration,
Inc., in the amount of $10,520.00, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 4- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Page 4
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2012-166 awarding
a contract for AV Project 2012-144, Outdoor Lighting Replacement for Apple
Valley Fire Stations, to Killmer Electric Companies, Inc., in the amount of
$32,312.00. Ayes - 4 - Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 2 to Valleywood
Clubhouse Project #0420 — Masonry, with Met-Con Construction, Inc., in the
amount of an additional $550.00. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 2 to Valleywood
Clubhouse Project #0510 — Steel Erection, with Maxx Steel Erectors, Inc., in the
amount of an additional $250.00. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 1 to Valleywood
Clubhouse Project #1140 — Food Service Equipment, with Premier Restaurant &
Equipment Co., in the amount of an additional $405.00. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 2 to Valleywood
Clubhouse Project #2100 — Fire Protection, with Breth-Zenzen Fire Protection,
LLC, in the amount of an additional $2,882.00. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 5 to Valleywood
Clubhouse Project #2200 — Plumbing and Piping, with Jim Murr Plumbing, Inc., in
the amount of an additional $565.00. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. 5 to Valleywood
Clubhouse Project #3123 — Earthwork/Site Utilities/Asphalt Paving/Demolition,
with Prior Lake Blacktop, Inc., with a deduction of $720.00. Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, accepting Valleywood Clubhouse Contract
#3100, Earthwork/LTnderground Utilities as complete and authorizing final payment
on the contract with Urban Companies, LLC, in the amount of $2,100.00. Ayes - 4
- Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving hiring the full-time and seasonal
employees and resignation of employee, as listed in the Personnel Report dated
August 23, 2012. Ayes - 4- Nays - 0.
END OF CONSENT AGENDA
CORTLAND ADDITION
Mr. Lovelace reviewed the request by D.R. Horton, Inc., and Fischer Sand and Aggregate, LLC,
for rezoning and subdivision by preliminary plat on an 88-acre property located east of Pilot Knob
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Page 5
Road, in the southeast corner of future Embry Path, and south of CSAH 42. The preliminary plat
will create 178 single-family residential lots, a 6.27-acre ponding area, and a 5.56-acre Public
Park.
Councilmember Bergman asked if the width of the road and parking would be an issue with the
proposed ball field pictured in the preliminary plat drawing.
Mr. Adamini said the ball field is conceptual at this time.
Mr. Lovelace added the new Embry Path is considered a minor collector street with 1300-1900
vehicle trips per day. About 13 of the 178 lots will be located off of Embry Path. Due to the
traffic on Embry Path, 13 lots will be constructed with a driveway turnaround.
Mayor Hamann-Roland appreciated the applicant's concern to traffic since it can be a safety issue.
Councilmember Bergman complimented the applicants and staff in promoting the City. He is
concerned about the redundancy of floor plans in a neighborhood and asked if homeowners will be
allowed to modify or customize floor plans.
Mr. Suel, of D.R. Horton, said homeowners have the option to customize their homes. D.R.
Horton also manages floor plans internally to avoid redundancy in a neighborhood.
Mayor Hamann-Roland added variety is the charm of Apple Valley and appreciates the applicant's
development and cooperation with the City.
City Attorney Hills said a plat will not show building pads or driveways. In order to enforce the
driveway turnarounds remain on said lots, she recommended a requirement be included in the
development's Declaration of Covenants and recorded against the subject lots.
Mr. Suel agreed.
MOTION: of Goodwin, seconded by Hooppaw, passing Ordinance No. 935 rezoning 53-acres
in the southeast corner of 150th Street West (CSAH 42) and Embry Path from "M-
3C" (Multiple Family Residential/3-6 units per acre) to "R-3" (Single Family
Residential/11,000 sq. ft. min. lot area). Ayes - 4- Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, passing Ordinance No. 936 rezoning 11-acres
the southeast corner of 150th Street West (CSAH 42) and Embry Path from "M-
6C" (Multiple Family Residential/6-12 units per acre) to "R-3" (Single Family
Residential/11,000 sq. ft. min. lot area). Ayes - 4- Nays - 0.
Councilmember Goodwin questioned why homeowners are required to have a vehicle turnaround
if only 1300 cars will travel the street per day.
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Page 6
Mayor Hamann-Roland said she spoke with an expert and was informed challenges begin when
more than 1000 cars per day travel a road. She appreciates the applicant offered the turnaround as
a solution.
Mr. Suel added the right-of-way on Embry Path was reduced from 80 feet to 60 feet. The lots are
now 10 feet deeper which allows additional grass area in the front yard to make up for the area the
turnaround has taken away.
Councilmember Bergman asked how much extra blacktop will be added for the turnaround.
Mr. Lovelace said he it is approximately Sx10 feet.
Councilmember Hooppaw commented they are not adding another parking stall but only enough
room to back in and turn the opposite direction. He is concerned this will affect the marketability
of the lots.
Mr. Suel said it is not the first time they have used turnarounds. Homeowners use them for
basketball hoops, landscaping, and make it a positive feature. He does not see it as a concern.
Councilmember Goodwin said turnarounds are not attractive. He wants homeowners to have it as
an option and not a requirement. He believes it is overkill for 1300 cars per day.
Councilmember Bergman said he would like to view other locations where turnarounds are being
used. He is concerned the new Embry Path will become a speedway or runway.
Councilmembers Goodwin and Hooppaw said they do not believe it will become a speedway or
runway.
Mr. Lovelace said the lots with turnarounds will be constructed in Phase II, so this topic may be
revisited at a later date.
Mr. Suel and Council held further discussion.
MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2012-167 approving
the preliminary plat of Cortland Addition, with conditions as recommended by the
Planning Commission. Ayes - 3- Nays - 1(Goodwin).
STAFF COMMUNICATION
Mr. Blomstrom provided an update on various road and construction projects.
CALENDAR OF UPCOMING EVENTS
MOTION: of Hooppaw, seconded by Goodwin, approving the calendar of upcoming events as
included in the City Clerk's memo dated August 20, 2012, and noting that each
CITY OF APPLE VALLEY
Dakota County, Minnesota
August 23, 2012
Page 7
event listed is hereby deemed a Special Meeting of the City Council. Ayes - 4-
Nays - 0.
CLAIMS AND BILLS
MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers
dated August 16, 2012, in the amount of $1,120,017.52; and August 23, 2012, in
the amount of $842,202.60. Ayes - 4- Nays - 0.
MOTION: of Goodwin, seconded Bergman, to adjourn. Ayes - 4- Nays - 0.
The meeting was adjourned at 9:02 o'clock p.m.
Respectfully Submitted,
Stephanie Marschall, Deputy City Clerk
Approved by the Apple Valley City Council on �- I 1- IZ