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Home My WebLink About10/13/2016 CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 13, 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 Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Assistant Finance Director Broughten, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, City Planner Lovelace, Recreation Manager Muelken, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Boy Scout Ethan Tracy from Troop 171. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, 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. Mr. Ed Kearney, Sonya Busch, and Fabiana Pardo, from the Apple Valley Chamber of Commerce,thanked the City for its help with Oktoberfest. They stated the event was very well attended and they plan to make it annual event. 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 22, 2016, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Page 2 MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-165 accepting, with thanks, the donation of$1,197.00 from Eastview High School Boys' Soccer Booster Club for use by the Parks and Recreation Department. 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, Post 1776, for use on November 11, 2016, and December 10, 2016, at the Apple Valley 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. 2016-166 approving issuance of a Gambling Premises Permit to South Metro Baseball League for premises at Celts Craft House, 7083 153rd Street W., Ste. 1, and waiving any waiting period for Minnesota Gambling Control Board approval. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in general manager for Red Robin International, Inc., d/b/a Red Robin America's Gourmet Burgers and Spirits, in connection with the On-Sale Liquor Licenses and Special License for Sunday Liquor Sales, at 15560 Cedar Avenue, naming James Michael Jara as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in officer for Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger#1317, in connection with the On-Sale 3.2 Percent Malt Liquor and Wine Licenses, at 7394 153rd Street W., Ste. 100, naming Michael John Nolan as President and CEO, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving a change in general manager for GSTL Investments, LLC, d/b/a Valley Tap, in connection with On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 14889 Florence Trail, naming Brandon Jay Lanier as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a 2016 Christmas Tree Sales Lot license to William E. Brabec d/b/a Silver Bell Christmas Tree Farm, for use on Lot 2, Block 1, East Valley Plaza 3rd Addition(between Upper 141 st and 140th Streets), as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving issuance of a new 2016 Cattery Permit to Lora Hanson, located at 4653 137th Street W., effective through December 31, 2016, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Nlinnesota October 13, 2016 Page 3 ` : MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-167 amending the 2016 operating budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, declaring certain City vehicles as surplus; authorizing the disposal of forfeiture and surplus vehicles by a public sale from October 21, 2016, through November 1, 2016; and approving the agreement with A2C Auctions, for an online auction conducted through K-Bid, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, authorizing a letter with comments to Dakota County Community Development Agency (CDA) concerning 7710 Whitney Drive, as attached to the Community Development Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-168 approving the updated Alternative Urban Areawide Review(AUAR) and Mitigation Plan for Fischer Sand and Aggregate, LLP. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-169 approving a 4.5-foot fence height variance on Lot 1, Block 1, Hunters Ridge (12500 Dorchester Trail), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-170 approving a 2-foot side-yard setback variance on Lot 9, Block 4, Apple Valley Second Addition(264 Walnut Lane)to allow a window well, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-171 approving the final plat for Quarry Point Park, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-172 approving the final plat and Development Agreement for Quarry Ponds Fourth Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin seconded by Hooppaw, adopting Resolution No. 2016-173 authorizing preparation of plans and specifications for Project 2017-104, 2017 Street and Utility Improvements. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Lease Agreements with Apple Valley Ford, GrandStay Hotel, and Culvers for Central Village West parking lot, _ CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Page 4 as attached to the Community Development Director's memo, 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 recycling services with the Cities of Burnsville, Eagan, and Lakeville, 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 Administration Offices Service Counter with Fendler Patterson Construction, Inc., in the amount of$45,303.00, 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 Liquor Stores Closed Circuit TV and NVR System with General Security Services Corporation (GSSC) in the amount of$68,886.60, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Police Liaison Services Agreement with Independent School District 196, for the 2016-2017 school year, 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 2017 cleaning services with ProAct, Inc., in the amount of$9,516.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Friedges Contracting Co., LLC, for Project 2015-103, 157th Street and Johnny Cake Ridge Road Improvements, in the amount of an additional $33,249.25. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Retail Information Technology Enterprises., with a deduction of $160.31, and accepting Liquor Store Point of Sale System Project as complete and authorizing final payment in the amount of$6,364.21. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving Change Order No. 2 to the agreement with Geislinger and Sons, Inc., with a deduction of$43,686.55, and accepting Project 2014-129, Sanitary Lift Station 3 Replacement, as complete and authorizing final payment in the amount of$46,734.87. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2016-125, 2016 Sod Replacement Services, as complete and authorizing final payment on the agreement with JWS Construction, LLC, in the amount of$4,149.87. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Page 5 MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2016-128, 2016 Reconditioning and Painting of Steel Fence Sections, Fence Support Posts, and Decorative Light Poles, as complete and authorizing final payment on the agreement with Budget Sandblasting and Painting, Inc., in the amount of $3,577.65. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting Project 2016-131, Outdoor Pool Water Management, as complete and authorizing final payment on the agreement with Hawkins, Inc., in the amount of$39,817.50. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting Project 216-143, 2016 Sump Cath Basin Cleaning, as complete and authorizing final payment on the agreement with Sewer Services, Inc., in the amount of$52,452.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution 2016-174 approving the City's contributions towards employee health/dental/life insurances for benefit-eligible non-union employees and elected officials covered by the Pay and Benefit Plan effective January 1, 2017, as described in the Human Resources Manager's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin seconded by Hooppaw, approving hiring the seasonal, part time and full time employees, retirement of employees, and resignation of employees, as listed in the Personnel Report dated October 13, 2016. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the claims and bills, check registers dated September 14, 2016, in the amount of$674,775.49, September 21, 2016, in the amount of$1,496,121.34, and September 28, 2016, in the amount of$1,347,524.26. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICERS BOOTH AND WILSON Police Chief Rechtzigel introduced newly hired Police Officers Brian Booth and Nicole Wilson to the CounciL The City Clerk administered the oaths of office to Officers Booth and Wilson and they were presented with their badges. The Council congratulated Officers Booth and Wilson and welcomed them to their new positions. GEORGE WARREN FULLER AWARD PRESENTATION Mr. Jim Sadler, Tony Belden, and Bert Tracy, representatives from the Minnesota Section of the American Water Works Association(AWWA), presented Carol Blommel Johnson the 2016 George Warren Fuller Award for her distinguished service and constructive leadership to their organization. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Page 6 2016 SPECIAL ASSESSMENT ROLL 647 Ms. Broughten described Special Assessment Ro11647, originally totaling $150,436.43, for delinquent utility account charges. From the 538 delinquent accounts,the City has received approximately$25,551 in prepayments. She 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. Discussion followed. Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 647, 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 Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-175 approving and l�vying 2016 Special Assessment Roll No. 647, for delinquent utility account charges, in the original amount of$150,436.43, minus any prepayments. Ayes - 5 -Nays - 0. QUARRY POINT PARK COMMUNICATIONS TOWER CONDITIONAL USE PERMIT Mr. Lovelace reviewed the request by Verizon Wireless for a Conditional Use Permit to allow construction of a 79-foot tall communications tower, equipment platform, and generator on 779 square feet of property on Lot 1, Block 1, Quarry Point Park(15725 Pilot Knob Road). He noted the Planning Commission reviewed this item at a public hearing and voted unanimously to recommend approval. Mr. Ralph Wyngarden, of Faulk & Foster, explained the reason Verizon Wireless is requesting the shorter tower. Discussion followed. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2016-176 approving a Conditional Use Permit to allow construction of a 79-foot tall communications tower, equipment platform, and generator on�79 square feet of property on Lot 1, Block 1, Quarry Point Park, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. REMINGTON COVE - PHASE TWO Mr. Lovelace reviewed the request by Trident Development, LLC, and Galaxie Partners, LLC, for a site plan review/building permit authorization to allow for construction of a three-story, 95- unit apartment building on Lot 1, Block 1, The Legacy of Apple Valley Sixth Addition, located at the southeast corner of Galaxie Avenue and Founders Lane. He noted the Planning CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Page 7 Commission reviewed this project on October 5, 2016, and voted unanimously to recommend approval. Mayor Hamann-Roland asked if there was enough space in the easement to include a transit alcove as part of the 2.5% landscaping requirement. Councilmember Bergman commented on the challenges of ineeting the landscaping requirements on this site. Discussion followed. Mr. Roger Fink, of Trident Development, LLC, responded to questions regarding landscaping, the bus stop, and the management company. Discussion continued. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-177 approving the site plan and authorizing issuance of a building permit to allow for construction of a three-story, 95-unit apaxtment building on Lot 1, Block 1, The Legacy of Apple Valley Sixth Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. The City Council directed a future work session include discussion regarding landscaping requirements. Mayor Hamann-Roland asked Councilmember Hooppaw to contact the Minnesota Valley Transit Authority regarding bus routes along Galaxie Avenue. Councilmember Hooppaw affirmed. ADVISORY COMMITTEE VACANCIES Ms. Gackstetter said staff is recommending the City Council extend the application period for the Urban Affairs Advisory Committee vacancy through December 30, 2016, due to the lack of applications. She further noted Telecommunications Advisory Committee Members John Magnusson and David Westbrook have notified the City of their resignation, creating two vacancies on the Telecommunications Advisory Committee. She recommended the Council extend an invitation to individuals interested in serving on the Telecommunications Advisory Committee to submit an application to her by November 30, 2016. Discussion followed. MOTION: of Bergman, seconded by Goodwin, extending the application period for the Urban Affairs Advisory Committee vacancy through December 30, 2016. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 13, 2016 Page 8 • MOTION: of Hooppaw, seconded by Grendahl, accepting the resignations of Telecommunications Advisory Committee Members John Magnusson and David Westbrook and thanking them for their dedicated service to the City of Apple Valley; and directing staff to post the Telecommunications Advisory Committee vacancies and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by November 30, 2016. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell thanked the Fire Department for their efforts in connection with fire prevention week. 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. MOTION: of Bergman, seconded by Hooppaw, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:13 o'clock p.m. . Respectfully Submitted, P a�,lZo�� Pamela J. G te r, City Clerk Approved by the Apple Valley City Council on I O-2-1-f 6 Mar H land, ayor •