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Home My WebLink About07/28/2016 CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 28, 2016, 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, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis,Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, 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 Hooppaw, seconded by Grendahl, moving consideration of item 4.0 -Adopt Resolution in Support of Applying for Livable Communities Demonstration Account Funding (LCDA) - Transit Oriented Development (TOD) Grant Redevelopment and Repositioning at 147th Street/Garrett and Glazier Avenue to the regular agenda, removing item 4.J - Approve Agreement with Palm Realty, Inc., for Private Installation of Public Infrastructure Related to Projects 2015-175, Quarry Ponds 4th Addition, and 2016-164, Johnny Cake Ridge Road Sanitary Sewer Extension, and approving the agenda for tonight's meeting, as amended. Ayes - S -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 Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 2016 Page 2 MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of July 14, 2016, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-129 approving issuance of a Gambling Premises Permit to Eastview Hockey Association for premises at Crooked Pint Ale House, 15668 Pilot Knob Road, and waiving any waiting period for Minnesota Gambling Control Board approval. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the reduction of financial guarantee for Quarry Ponds Second Addition from $50,000.00 to $14,000.00, as listed in the Community Development Department Assistant's memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-131 approving a variance to reduce the number of required parking spaces from 43 to 32 spaces, on Lot 1, Block 1, Apple Valley Square 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-132 approving the revised site plan dated June 20, 2016, and authorizing issuance of a building permit for construction of a 5,400 sq. ft. building containing a Class III restaurant with drive-thru lane and non-food retail or small office, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Water Quality Improvement Cost Share Program Agreement with Andrew Elstad-Haveles and Kit E. Elstad- Haveles for raingarden and native garden at 14440 Holiday Court, in an amount not to exceed $500.00 per project, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Water Quality Improvement Cost Share Program�Agreement with Lawrence Swenson and Kathryn Swenson for raingarden and native garden at 14474 Upper Guthrie Court, in an amount not to exceed $500.00 per project, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-133 approving the Master Subscriber Agreement with the State of Minnesota for Court Data Services for Governmental Agencies, and authorizing the City Attorney to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 2016 Page 3 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-134 setting a public hearing on Business Subsidy for Uponor, Inc., at 7:00 p.m., on August 11, 2016. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Settlement Agreement and Release with Palm Realty, Inc., Fischer Sand &Aggregate, LLP, and Arcon Land IV, LLC, as attached to the Assistant City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the statement of work with SL-serco, in the amount of an additional $2,575.00; and accepting Project 2016-101, Advanced Metering Consulting Services, as complete and authorizing final payment in the amount of$14,025.00. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2016-142, Farquar Lake Weed Management, as complete and authorizing final payment on the contract with Tonka Freshwater Harvesting Service, in the amount of$12,800.00. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving hiring the seasonal and full time employees, as listed in the Personnel Report dated July 28, 2016. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers dated July 7, 2016, in the amount of$569,066.14; and July 13, 2016, in the amount of$784,024.23. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA APPLE VILLA 1 ST ADDITION Mr. Nordquist provided an update on the multi-unit housing market. Ms. Bodmer reviewed the request by Delegard Apple Villa Properties, LLC, for a Comprehensive Plan amendment from"MD" (Medium Density Residential, 6 to 12 units/acre) to "HD" (High Density Residential, 12+units/acre), a rezoning from"M-7C" (Multiple Family, 12 to 20 units/acre)to "PD" (Planned Development), and a site plan review/building permit authorization for construction of a 3-story, 28-unit apartment building. Discussion followed. Mr. Link Wilson, of Kaas Wilson Architects, responded to questions. Discussion continued. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 2016 Page 4 Mr. Dougherty clarified that the Comprehensive Guide Plan takes precedence over the zoning designation. The City Council indicated it would like additional time at a work session to discuss the City's plans regarding density and multi-unit housing prior to taking action on this item. MOTION: of Hooppaw, seconded by Goodwin, continuing consideration of the resolution authorizing submittal of a Comprehensive Plan amendment to the Metropolitan Council re-designating Lot 1, Block 1, Apple Villa lst Addition from"MD" (Medium Density Residential, 6 to 12 units/acre)to "HD" (High Density Residential, 12+units/acre)to September 8, 2016. Mr. Curt Delegard, of Delegard Apple Villa Properties, LLC, agreed to continue consideration of this item until the first City Council meeting in September. Vote was taken on the motion: Ayes - 5 -Nays - 0. Mr. Bob Heidbrink, representing Greenleaf Townhome Association, addressed the City Council. TEMPORARY FAMILY HEALTH CARE DWELLINGS ORDINANCE Ms. Bodmer gave the first reading of an ordinance amending Chapter 155 of the City Code by adding Section 155.500 under which the City opts out of requirements governing temporary family health care dwellings. On July 20, 2016,the Planning Commission voted unanimously to recommend approval. Because this matter was previously reviewed by the Planning Commission, staff is recommending waiving of the second reading. Discussion followed. Ms. Allison Burke, 13966 Eveleth Court, on behalf of her mother Anita Burke, read comments encouraging the City Council not to opt out of allowing temporary family health care dwellings. Discussion continued. MOTION: of Hooppaw, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1013 amending Chapter 155 of the City Code by adding Section 155.500 under which the City opts out of requirements of Minnesota Statutes, Section 462.3593, governing temporary family health care dwellings; as recommended by the Planning Commission; and further directing a review of temporary health care dwellings by the Urban Affairs Advisory Committee. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 28, 2016 • Page 5 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT(LCDA) FUNDING MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2016-130 identifying the need for Livable Communities Demonstration Account(LCDA) Transit Oriented Development (TOD) funding and authorizing an application for grant funds for redevelopment and repositioning at 147th Street/Garrett and Glazier Avenue. Discussion followed. Vote was taken on the motion: Ayes - 3 -Nays - 1 (Grendahl) -Abstain- 1 (Hooppaw). STAFF ITEMS Police Captain Francis provided an update on noise complaints and truck traffic along 160th Street. Mr. Saam provided information on the Japanese beetle infestation. � CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Goodwin, approving the calendar of upcoming events as included in the Deputy City Clerk's memo dated July 23, 2015, 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 8:46 o'clock p.m. Respectfully Submitted, P c�o�,�l?,a-�a Pamela J. Ga tett , City Clerk Approved by the Apple Valley City Council d1 � � on $- � 1 - 1(o M H - land, ayor •