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Home My WebLink About09/22/2016 CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 22, 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, 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, Planner Sharpe, 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 led by Planner Alex Sharpe. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Goodwin, approving the agenda for tonight's meeting, as presented. 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 Goodwin, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting of September 8, 2016, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion, Auxiliary Unit 1776, for use on October 15, 2016,November 12, 2016, January 14, 2017, March 11, 2017, and May 6, 2017, at the Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2016 Page 2 American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-156 appointing individuals listed in the resolution to serve as judges, election officials, and/or absentee ballot board members for the General Election to be held on November 8, 2016, in the City. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Truth-in-Taxation notice as attached to the Finance Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the release of financial guarantee for Apple Valley East Commercial/Primrose School of Apple Valley, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-157 approving issuance of Senior Living Revenue Bonds and adoption of Housing Program pursuant to Minnesota Statutes, Chapter 462C, and setting a public hearing at 7:00 p.m. on October 27, 2016. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-158 affirming satisfaction of developer's (IMH Special Asset NT 175-AVN, LLC) obligations and release of first mortgage. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1019 amending Chapter 91 of the City Code, regulating catteries. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the non-exclusive License Agreement for shared retaining walls on Lot 3, Block 1, Hunter Forrest (12841 Frost Point Court), and Lot 4, Block 1, Hunter Forrest (12842 Frost Point Court), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Agreement for refuse collection services with Dicks Sanitation, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016- 159 setting a public hearing, at 7:00 p.m., on October 27, 2016, to consider vacating easements on Lot 2, Block 1, Wirsbo Third Addition, and Lot 1, Block 1, Knob Ridge 2nd Addition (14800 Everest Avenue and 14751 Energy Way). Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2015-120, Apple Valley Community Center Aggregate Flooring, as complete and authorizing final CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2016 Page 3 payment on the contract with SwedeBro, Inc., d/b/a SwedeBro Resurfacing, in the amount of$2,821.80. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2016-116, Concrete Cleaning & Sealing Services, as complete and authorizing final payment on the contract with Budget Sandblasting and Painting, Inc., in the amount of$870.00. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving hiring the full time and part time employees,promotion of employee, resignation of employees, and retirement of employee as listed in the Personnel Report dated September 22, 2016. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the claims and bills, check registers dated August 31, 2016, in the amount of$342,358.15; and September 7, 2016, in the amount of$575,075.83. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PROCLAIM "OKTOBERFEST"AND "GALAXIEFEST" Mr. Bernstein invited the public to attend two free family-friendly community events in Kelley Park sponsored by Apple Valley Chamber of Commerce: "Oktoberfest" on September 30, 2016, from 6:00 p.m. to 9:00 p.m. and"Galaxiefest" on October 1, 2016, from 2:00 p.m. to 8:00 p.m. MOTION: of Grendahl, seconded by Hooppaw,proclaiming September 30, 2016, as "Oktoberfest", and October 1, 2016, as "Galaxiefest ", as community festivals in Apple Valley. Ayes - 5 -Nays - 0. VALLEY OAKS DENTAL Ms. Bodmer reviewed the request by Wichmann Properties, Roopnarine and Annie Boodoo, and JJAM Properties for consideration of a vacation of easements on Lots 1, 2, and 3, Block 3, Valley Commercial Park 2nd Addition, and Lot 1, Block 1,Northrup Conklin Addition; and final plat, Development Agreement, and Infiltration Maintenance Agreement on Lot 1, Block l, Valley Oaks (14600 Granada Drive), that would allow construction of a dental office. Mayor Hamann-Roland called the public hearing to order, at 7:13 p.m., to consider vacating easements on Lots 1, 2, and 3, Block 3, Valley Commercial Park 2nd Addition, and Lot l, Block 1,Northrup Conklin Addition(preliminary platted as Valley Oaks). The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:14 p.m. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2016-160 completing vacation of easements on Lots 1; 2, and 3, Block 3, Valley CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2016 Page 4 Commercial Park 2nd Addition, and Lot 1, Block l,Northrup Conklin Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2016-161 approving the final plat, Development Agreement, and Infiltration Maintenance Agreement for Lot 1, Block 1, Valley Oaks (14600 Granada Drive), subject to - final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. FRONTIER CABLE FRANCHISE Mr. Grawe introduced this item and provided background information on franchising. Mr. Robert Vose, Cable Commission Attorney for the Cities of Apple Valley, Farmington, and Rosemount, provided additional information regarding the phone and cable market as well as the cable franchise application by Frontier Communications of Minnesota, Inc. He also responded to written concerns expressed by Charter Communications. Mr. Kevin Saville, Vice President and deputy general counsel for Frontier Communications, asked the Council vote to approve the proposals before them. Mr. Jack Phillips, from Frontier Communications,provided information regarding their products and packages. Discussion followed. Ms. Jane Bremer, legal counsel for Charter Communications, suggested the City choose a better agreement over a fast agreement. Mr. Vose responded to the questions asked on behalf of Charter Communications. Discussion continued. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2016-162 approving the Frontier cable franchise application. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1020 granting a franchise to Frontier Communications of Minnesota, Inc., to construct, operate, and maintain a cable system. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2016 Page 5 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-163 approving the summary publication of cable Ordinance No. 1020. Ayes - 5 - Nays - 0. ORDINANCE RELATING TO POTENTIALLY DANGEROUS DOGS Police Captain Francis gave the first reading of an ordinance amending Chapter 91 of the City Code regulating animals by adding language relating to potentially dangerous dogs. Because the proposed amendment mirrors the state statute, staff is recommending waiving of the second reading. MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1021 amending Chapter 91 of the City Code, regulating animals, by adding language relating to potentially dangerous dogs. Ayes - 5 -Nays - 0. SUPPORT OF MAYOR FOR 2ND VICE-PRESIDENT OF NLC Mr. Lawell said Mayor Hamann-Roland has expressed her interest in serving as 2nd Vice President of the National League of Cities (NLC). A resolution indicating the City Council's strong support and endorsement of the Mayor's appointment to this distinguished leadership position with the NLC has been prepared and is included in the packet. The Council expressed their support. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2016-164 supporting Mayor Mary Hamann-Roland for 2nd Vice President of the National League of Cities. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Grawe announced Fall Clean-up Day will be October 1, 2016, from 8:00 a.m. to 1:00 p.m. Fire Chief Thompson said every year Fire Departments nationwide recognize Fire Prevention Week. Public open houses will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 11, at Fire Station No. 2 on October 12, and at Fire Station No. 3 on October 13, 2016, and everyone is invited. The Council watched a brief lip-sync video produced by the Minnesota Zoo featuring several members of the Police Department. Mr. Lawell noted it was Apple Valley's response to the popular running man challenge. The Council praised the Police Department for the positive publicity they received in connection with the video. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2016 Page 6 • CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, 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. ADJOURN MOTION: of Grendahl, seconded Goodwin, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:20 o'clock p.m. Respectfully Submitted, �a/1'Y1R.��1- tJC�.t.�/l� Pamela J. Gac ette City Clerk Approved by the Apple Valley City Council on 1 O - t'S- l fo . Mar - nd, ayor • �