HomeMy WebLinkAbout10/22/2015 CITY OF APPLE VALLEY
Dakota County, Minnesota
October 22, 2015
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 22, 2015, 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: City Administrator Lawell, City Clerk Gackstetter, City
Attorney Dougherty, Acting City Engineer Anderson, Parks and Recreation Director Bernstein,
Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas,
Finance Director Hedberg, Acting Public Works Director Blommel JQhnson, City Planner
Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Liquor
Operations Director Swanson, and Fire Chief Thompson.
Mayor Hanann-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 Bergman, seconded by Grendahl, adding item 4.Q—Approve Lease Extension
with Time Square Shopping Center II, LLP, for Apple Valley Liquor Store #1, to
the consent agenda, moving consideration of item 4.I—Adopt Resolution
Approving Establishing a Designated Minimum Maintenance Road for Portion of
Surrey Trail Right of Way to the regular agenda, 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 Grendahl, seconded by Hooppaw,approving all items on the consent agenda as
amended. Ayes - 5 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting
of October 8, 2015, as written. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 22, 2015
Page 2
MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board,to Sons of the American
Legion, Squadron 1776, for use on December 12, 2015, at the Apple Valley
American Legion, 14521 Granada Drive, and waiving any waiting period for
State approval. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving a change in manager for Chipotle
Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, in connection
with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7638 1 SOth
Street W., naming Dustin Mark Schreiber as General Manager, as described in the
City Clerk's memo. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconc�ed by Hooppaw, approving a change in manager for GSTL
Investments, LLC, d/b/a Valley Tap House, in connection with the On-Sale
Intoxicating Liquor Licenses, at 14889 Florence Trail, naming Andrea Lynn
Krueger as General Manager, as described in the City Clerk's memo. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-134 setting a
public hearing, at 7:00 p.m., on November 24, 2015, on renewal applications for
On-5ale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for
2016. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-135 of
support for the draft Dakota County Draft 2016-2020 Capital Improvements Plan.
Ayes - S -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-136
approving submitting to the Metropolitan Council an amendment to the 2030
Land Use Map of the Comprehensive Guide Plan to re-designate Outlots F and G,
Cobblestone Lake Commercial3rd Addition, from"HD" (High Density
Residential/12+units per acre)to "LD" (Low Density residential/2-6 units per
acre) and "P" (Parks and Open Space), in accordance with the Cobblestone Lake
South Shore 9th Addition preliminary plat. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-137
approving a 2.5-foot variance from the side yard setback on Lot 1, B1ock 5,
Greenleaf 1 st Addition(6816 135th Street W.), for a third stall garage addition,
with conditions as recommended by the Planning Commission. Ayes - 5 -Nays -
0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-138 directing
the preparation of plans and specifications for Project 2015-103, 157th Street&
Johnny Cake Ridge Road Improvements. Ayes - 5 -Nays - 0.
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Dakota County, Minnesota
October 22, 2015
Page 3
MOTION: of Grendahl, seconded by Hooppaw, approving the Water Quality Improvement
Cost Share Program Agreement with Mark and Melanie Baumhover for native
plant shoreline buffer, at 12645 Florida Lane, in an amount not to exceed $500,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Engineering Consulting
Agreement with WSB & Associates, Inc., for engineering consulting services
relating to the development of an updated Kelley Park master plan, in an amount
not to exceed $12,500.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with SwedeBro, Inc., for Project 2015-120, Apple Valley Community
Center Aggregate Flooring, to authorize incremental payments for work
completed and an extension of the timeline, resulting in no change to the contract
amount. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the
agreement with Pump and Meter Service, Inc., in the amount of an additional
$959.10, and accepting Project 2015-147, Fuel Pump & Fuel Management
Software Replacement, as complete and authorizing final payment in the amount
of$34,712.70. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving hiring the seasonal and part time
employees, as listed in the Personnel Report dated October 22, 2015. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the claims and bills, check
registers dated September 30, 2015, in the amount of$321,349.50, and October 7,
2015, in the amount of$1,508,426.10. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, approving the Lease Extension with Time
Square Shopping Center II, LLP, for Apple Valley Liquor Store #1, as attached to
the City Administrator's memo, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 5 -Nays - 0.
END OF CONSENT AGENDA
SURREY TRAIL RIGHT-OF-WAY
Mr.Nordquist presented the staff report on establishing Surrey Trail right-of-way as a minimum
maintenance road. Public Works has arranged for a survey of the area to be completed this fall.
He noted the property owner at the end of the road requested the City postpone this item to a
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 22, 2015
Page 4
future meeting. Nick and Christine Arntz and Craig and Maria Westerberg, adjacent property
owners, were present.
Discussion followed.
Councilmember Bergman asked the residents in the audience if they would mind if this matter
was postponed for two weeks or if they preferred a decision this evening.
Mr. Arntz and Mr. Westerberg said they would like a decision made tonight.
Discussion continued.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2015-139
establishing a designated minimum maintenance road for a portion of Surrey Trail
Right-of-Way. Ayes - 5 -Nays - 0.
2015 SPECIAL ASSESSMENT ROLL 639
Mr. Hedberg described Special Assessment Ro11639, originally totaling $1,570.00, for
delinquent false alarm charges. He explained the roll included an adjustment on one parcel. He
noted the hearing notice was published according to law and confirmed receipt of the Affidavit
of Publication. There have been no prepayments and no written objections have been received.
Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 639,
at 7:20 p.m. She asked for questions or comments from the Council and the audience. There
were none and the hearing was declared closed at 7:21 p.m.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2015-140
approving and levying 2015 Special Assessment Roll No. 639, for delinquent
false alarm charges, in the original amount of$1,570.00, minus any prepayments.
Ayes - 5 -Nays - 0.
2015 SPECIAL ASSESSMENT ROLL 640
Mr. Hedberg described Special Assessment Ro11640, originally totaling $152,995.06, for
delinquent utility account charges. From the 563 delinquent accounts,the City has received
approximately $19,144 in prepayments. He noted the hearing notice was published according to
law and confirmed receipt of the Affidavit of Publication. No written objections have been
received.
Discussion followed.
Councilmember Hooppaw asked if staff is confirming rental properties are registered with the
City. He also asked if the list is an indicator that the property is not being maintained and
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 22, 2015
Page 5
suggested using the list to enhance other proactive efforts to maintain good conditions of
properties.
Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 640,
at 7:26 p.m. She asked for questions or comments from the Council and the audience. There
were none and the hearing was declared closed at 7:27 p.m.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2015-141
approving and levying 2015 Special Assessment Roll No. 640, for delinquent
utility account charges, in the original amount of$152,995.06, minus any
prepayments. Ayes - 5 -Nays - 0.
2015 SPECIAL ASSESSMENT ROLL 641
Mr. Hedberg described Special Assessment Ro11641, originally totaling $1,994.25, for
delinquent mowing and tree removal charges. To date,there have been no prepayments. He
noted the hearing notice was published according to law and confirmed receipt of the Affidavit
of Publication. No written objections have been received.
Discussion followed.
Councilmember Grendahl commented on dead trees on public property.
Ms. Blommel Johnson responded that she will have natural resources staff look at them.
Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 641,
at 7:30 p.m. She 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 Bergman, seconded by Goodwin, adopting Resolution No. 2015-142
approving and levying 2015 Special Assessment Roll No. 641, for delinquent
mowing and tree removal charges, in the original amount of$1,994.25, minus any
prepayments. Ayes - 5 -Nays - 0.
ZONING ORDINANCE -ALCOHOLIC BEVERAGE PRODUCTION ESTABLISHMENTS
Mr. Lovelace gave the first reading of an ordinance amending Chapter 155 of the City Code to
allow alcoholic beverage production establishments in"I-1" (Limited Industrial) and"I-2"
(General Industrial) zoning districts. The ordinance adds definitions and regulations regarding
breweries, microdistilleries, and alcohol sales for brewer taprooms, cocktail rooms, and Sunday
off-sale. The Planning Commission held a public hearing on the amendment September 16,
2015, and did not receive any comments. The Planning Commission reviewed this item again on
October 7, 2015, and voted unanimously to recommend approval.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 22, 2015
Page 6
MOTION: of Bergman, seconded by Grendahl, waiving the procedure for a second reading
and passing Ordinance No. 998 amending Chapter 155 of the City Code to allow
alcoholic beverage production establishments in"I-1" (Limited Industrial) and"I-
2" (General Industrial) zoning districts, as recommended by the Planning
Commission. Ayes - 5 -Nays - 0.
ORDINANCE FOR BREWPUBS, BREWER TAPROOMS, & MICRODISTILLERIES
Ms. Gackstetter gave the second reading of an ordinance amending Chapter 111 of the City Code
entitled"Alcoholic Beverages", regulating on-sale and off-sale of alcohol at brewpubs, brewer
taprooms, small brewers, microdistilleries, and cocktail rooms. The ordinance was prepared by
the City Attorney's office. One comment was received since the first reading.
Discussion followed.
MOTION: of Hooppaw, seconded by Bergman, passing Ordinance No. 999 amending
Chapter 111 of the City Code entitled"Alcoholic Beverages", regulating on-sale
and off-sale of alcohol at brewpubs, brewer taprooms, small brewers,
microdistilleries, and cocktail rooms. Ayes - 5 -Nays - 0.
ORDINANCE AMENDING FEES CONTAINED IN CITY CODE
Ms. Gackstetter reviewed proposed amendments to the Fee Schedule Appendix of Title III of the
City Code. Fees in connection with the licensing of brewpubs, brewer taprooms, small brewers,
microdistilleries, and cocktail rooms are being added. She noted a public hearing was held on
October 8, 2015. No comments were received during the public hearing or since the first
reading.
MOTION: of Bergman, seconded by Goodwin, passing Ordinance No. 1000 amending the
Fee Schedule Appendix of Title III of the City Code. Ayes - 5 -Nays - 0.
COMMUNICATIONS
Mr. Lawell reported Apple Valley's liquor operations were ranked fifth in total sales for off-sale
only municipal operations in the metro area and first in gross profit and net profit as a percent of
sales according to the Minnesota State Auditor's 2014 municipal liquor report. He further
reported that Valleywood won the 2015 Minnesota Golf Association (MGA) Club of the Year.
Lastly, he invited residents interested in serving on the Traffic Safety Advisory Committee to
submit an application to the City Clerk.
Ms. Gackstetter noted one Traffic Safety Advisory Committee application has been received to
date.
MOTION: of Grendahl, seconded by Bergman, extending the closing date by which
individuals interested in serving on the Traffic Safety Advisory Committee must
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 22, 2015
Page 7
submit an application to the City Clerk from October 31, 2015, to November 30,
2015. Ayes - 5 -Nays - 0.
Councilmember Goodwin commented on resident concerns over Jake breaking on County Road
46.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Goodwin, 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.
MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes- 5 -Nays - 0.
The meeting was adjourned at 7:56 o'clock p.m.
Respectfully Submitted,
P a�c,l�o-�',�
Pamela J. Ga stet r, City Clerk
Approved by the Apple Valley City Council on 1 t-12-15