HomeMy WebLinkAbout05/28/2015 CITY OF APPLE VALLEY
Dakota County, Minnesota
May 28, 2015
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held May 28, 2015, at 7:00 o'clock p.m., at Apple Valley Municipal Center.
PRESENT: Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw.
ABSENT: Mayor Hamann-Roland.
City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Police Captain Bermel, Parks and Recreation Director Bernstein, 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.
Acting Mayor Goodwin called the meeting to order at 7:01 p.m. Everyone took part in the Pledge
of Allegiance led by Boy Scouts Zach Clifford, Braeden Croft, Colby Flake; and Elijah
Gordhamer from Troop 508.
APPROVAL OF AGENDA
MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as
presented. Ayes - 4 -Nays - 0.
AUDIENCE
Acting Mayor Goodwin 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
Acting Mayor Goodwin asked if the Council or anyone in the audience wished to pull any item
from the consent agenda. There were no requests.
MOTION: of Grendahl, seconded by Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 4 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting
of May 14, 2015, as written. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving a change in manager for Vivo
Restaurants, LLC, d/b/a Vivo, in connection with the with the On-Sale Intoxicating
Liquor License and Special License for Sunday Liquor Sales at 15435 Founders
Lane, naming Stephanie Mae Wesener as General Manager; as described in the
City Clerk's memo. Ayes - 4 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 28, 2015
Page 2
MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a Special Outdoar
Promotion/Temporary Sign Permit for the 2015 Night to Unite Business Watch
picnic at Kelley Park on August 4, 2015. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-77 establishing
parking restrictions on or near the parade route for the July 4, 2015 Apple Valley
Freedom Days parade, beginning at 11:00 a.m. July 3, 2015, and ending at 4:00
p.m. on July 4, 2015. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-78 approving
the 2014 interfund transfers between funds. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-79 approving
the preliminary plat of Embry Estates Second Addition, with conditions as
recommended by the Planning Commission. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-80 approving
the final plat of Embry Estates Second Addition, and waiving the requirement for
subdivision agreement. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, authorizing preparation of plans and budget
for the proposed Central Village West parking Iot. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement to Pursue Best
Practices for the Use of Recycled Concrete Materials on City projects, with AVR,
Inc., and authorizing the Acting Mayor and City Clerk to sign the same. Ayes -4 -
Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for AV Project
2015-145, 2015 Hydrant Reconditioning and Painting, with B & L Utility
Maintenance, LLC, in the amount of$26,100.00, and authorizing the Acting Mayor
and City Clerk to sign the same. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for AV Project
2015-140, Apple Valley Family Aquatic Center Pool Shell Repair, with Horizon
Chemical Company, Inc., d/b/a Horizon Commercial Pool Supply, in the amount of
$49,100.00, and authorizing the Acting Mayor and City Clerk to sign the same.
Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement with RES Specialty
Pyrotechnics, Inc., for fireworks display services on July 4, 2015, in the amount of
$20,000.00, subject to conditions listed in the Parks and Recreation Director's
memo, and authorizing the Acting Mayor and City Clerk to sign the same. Ayes -
4 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 28, 2015
Page 3
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for AV Project
2015-151, Hayes Park Arena Compressor Replacement, with Rink-Tec
International, Inc., in the amount of$13,800.00, and authorizing the Acting Mayor
and City Clerk to sign the same. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for AV Project
2015-146, 2015 Ash Tree Injections, with S & S Tree and Horticultural Specialists,
Inc., in the amount of$2,700.00, and authorizing the Acting Mayor and City Clerk
to sign the same. Ayes - 4 -Nays - 0.
MOTION: of Bergman, seconded by Hooppaw approving Change Order No. 1 to the contract
with G.F. Jedlicki, Inc., for AV Project 2015-115, 2015 Utility Improvements, in
the amount of an additional $42,228.87. Ayes - 4 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, accepting AV Project 2015-131, Maintenance
Security Fencing, as complete and authorizing final payment on the contract with
Midwest Fence & Mfg. Co., in the amount of$13,240.00. Ayes - 4 -Nays - 0.
MOTION: of Bergman seconded by Hooppaw, approving hiring the seasonal and part time
employees, acting assignment of employee, and resignation and termination of
employees, as listed in the Personnel Report dated May 28, 2015. Ayes -4 -Nays -
0.
MOTION: of Grendahl, seconded by Hooppaw, canceling the June 11, 2015, informal City
Council meeting, scheduled for 5:30 p.m., at the Municipal Center. Ayes - 4 -
Nays - 0.
END OF CONSENT AGENDA
ALF AMBULANCE 2009 -2014 REPORT
Mr. Kurt Weidner, Allina Health Emergency Medical Services Operations Director, presented the
ALF Ambulance report for 2009 - 2014.
The Council thanked Mr. Weidner for the informative report and Allina Health and ALF
Ambulance for excellent service to the community.
CELTS CRAFT HOUSE ON-SALE LIQUOR LICENSE
Ms. Gackstetter reviewed the application by CCH, LLC, d/b/a Celts Craft House for On-Sale
Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. The
restaurant is located at 7083 153rd Street W., Suite 1, and the premises includes an outdoor patio. She
noted receipt of the Affidavit of Publication of the hearing notice and stated no comments have been
received to date. The Police and Fire Departments completed the necessary background and site
investigations and find no reason the license could not be authorized at this time.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 28, 2015
Page 4
Acting Mayor Goodwin called the public hearing to order at 7:23 p.m. to consider the application by
CCH, LLC, d/b/a Celts Craft House, for On-Sale Intoxicating Liquor and Special License for Sunday
Liquor Sales. The Acting Mayor asked for questions or comments from the Council and the audience.
There were none and the hearing was declared closed at 7:24 p.m.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-81 approving
issuance of a 2015 On-Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sales to CCH, LLC, d/b/a Celts Craft House, for premises located at
7083 153rd Street W., Suite 1. Ayes - 4 -Nays - 0.
Mr. Michael Murnane, General Manager, and owners James Macchitelli and Lonnie Stanton stated
they are excited to be in Apple Valley and invited the public to stop in.
2014 SPECIAL ASSESSMENT ROLL NO. 631
Mr. Hedberg described Assessment Roll No. 631, totaling $162,824.67, for delinquent utility
accounts. He noted the hearing notice was published according to law and confirmed receipt of
the Affidavit of Publication. The City has received several prepayments and one written
objection.
Acting Mayor Goodwin called the public hearing to order, at 7:30 p.m., on Special Assessment
Roll No. 631. The Acting Mayor asked for questions or comments from the Council and the
audience. There were none and the hearing was declared closed at 7:31 p.m.
MOTION: of Grendahl, seconded by Bergman, waiving the administrative processing fee for
14593 Embassy Avenue and adopting Resolution No. 2015-82 approving and
levying 2015 Special Assessment Roll No. 631, for delinquent utility accounts, in
the amount of$162,824.67, minus any prepayments.
Discussion followed.
Vote was taken on the motion: Ayes - 4 -Nays - 0.
2015 SPECIAL ASSESSMENT ROLL NO. 632
Mr. Hedberg described Assessment Roll No. 632,totaling $1,752.00, for delinquent false alarms
charges. He noted the hearing notice was published according to law and confirmed receipt of the
Affidavit of Publication. No written objections have been received. To date, there have been no
prepayments.
Acting Mayor Goodwin called the public hearing to order, at 7:32 p.m., on Special Assessment
Roll No. 632. The Acting Mayor asked for questions or comments from the Council and the
audience. There were none and the hearing was declared closed at 7:33 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 28, 2015
Page 5
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2015-83 approving
and levying 2015 Special Assessment Roll No. 631, for delinquent false alarms, in
the amount of$1,752.00, minus any prepayments. Ayes - 4 -Nays - 0.
2015 SPECIAL ASSESSMENT ROLL NO. 633
Mr. Hedberg described Assessment Roll No. 633, totaling $3,614.79, for delinquent tree removal
and yard clean up charges. He noted the hearing notice was published according to law and
confirmed receipt of the Affidavit of Publication. No written objections have been received. To
date, there have been no prepayments.
Acting Mayor Goodwin called the public hearing to order, at 7:34 p.m., on Special Assessment
Roll No. 633. The Acting Mayor asked for questions or comments from the Council and the
audience. There were none and the hearing was declared closed at 7:35 p.m.
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2015-84 approving
and levying 2015 Special Assessment Roll No. 633, for delinquent tree removal
and yard clean up charges, in the amount of$3,614.79, minus any prepayments.
Ayes - 4 -Nays - 0.
HOLYOKE PATH GARAGE AND DRIVEWAY VARIANCE REQUEST
Mr. Lovelace reviewed the request by Eriksmoen Cottages for a variance to allow the retention of
a second attached garage and driveway as part of a conversion of a twin-home into a single-family
dwelling, located at 13980-82 Holyoke Path. The Planning Commission reviewed the variance
request on May 6, 2015, and May 20, 2015. The motion to approve the variance by the Planning
Commission failed on a 1-5 vote.
Discussion followed.
MOTION: of Grendahl, seconded by Bergman, adopting the resolution of findings of fact,
conclusions, and decision denying the 13980-82 Holyoke Path garage and driveway
variance, as recommended by the Planning Commission.
Discussion continued.
Vote was taken on the motion: Ayes - 2 (Grendahl, Bergman) -Nays - 2
(Goodwin, Hooppaw).
MOTION: of Hooppaw, seconded by Goodwin,tabling consideration of the 13980-82
Holyoke Path garage and driveway variance request until the next meeting of the
full City Council (July 9, 2015). Ayes - 4 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
May 28, 2015
Page 6
ORDINANCE AMENDING PARK DEDICATION FEE SCHEDULE
City Planner Lovelace gave the second reading of an ordinance amending the Fee Schedule
Appendix of Title III, Chapter 35, of the City Code regulating park dedication land values and
persons per unit ratios. A public hearing was held at the last meeting. He noted current
benchmark land values were last set in 2004, prior to the recent recession and may not be
reflective of current market conditions.
MOTION: of Grendahl, seconded by Hooppaw, passing Ordinance No. 989 amending the Fee
Schedule Appendix of Title III of the City Code by adjusting certain fees regulating
park dedication land values and persons per unit ratios.
Discussion followed.
Vote was taken on the motion: Ayes - 4 -Nays - 0.
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 dated May 22, 2015, 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 Grendahl, to pay the claims and bills, check registers
dated May 20, 2015, in the amount of$627,512.35; and May 28, 2015, in the
amount of$872,560.88. Ayes - 4 -Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl,to adjourn. Ayes - 4 -Nays - 0.
The meeting was adjourned at 8:11 o'clock p.m.
Respectfully Submitted,
Po�m�.4��o�,c,le,�tt��
Pamela J. Ga ste r, City Clerk
Approved by the Apple Valley City Council on (n. 1 1 . I s