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Home My WebLink About10/27/2016 CITY OF APPLE VALLEY Dakota County, Nlinnesota October 27, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 27, 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, 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 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, removing item 4.I - Project 2016-164, Johnny Cake Ridge Road Sanitary Sewer Extension from the agenda, revising item S.0 to Hold Public Hearing on Vacation of Drainage and Utility Easements on Lot 2, Block 1, Wirsbo Third Addition, and Lot 1, Block 1, Knob Ridge Second Addition, 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 Hooppaw, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting of October 13, 2016, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2016 Page 2 MOTION: of Hooppaw, seconded by Grendahl, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to Christus Victor Lutheran Church, by Minnesota Alcohol and Gambling Enforcement Division, for use on June 22-24, 2017, at 7510 Palomino Drive, as described in the City Clerk's memo. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving a change in officer for Red Robin International, Inc., d/b/a Red Robin American's Gourmet Burgers & Spirits, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 15560 Cedar Avenue, naming Terry Don Harryman as President and Treasurer, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving a change in general manager for DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales, at 15668 Pilot Knob Road, naming Douglas Alan Wahl as General Manager, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-178 setting a public hearing, at 7:00 p.m., on November 22, 2016, on renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2017. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-179 certifying local official positions to the Minnesota Finance and Public Disclosure Board. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-180 consenting to partial assignment of Development Agreements to Bigos-Galante, LLC. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-181 authorizing execution of a Second Amendment to Amended and Restated Development Assistance Agreement. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-182 directing the City Engineer to prepare plans and specifications for Project 2017-106, 2017 Lebanon Cemetery Grading Improvements. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2015-106, 2015 Micro Surfacing, as complete and authorizing final payment on the contract with Asphalt Surface Technologies Corporation, in the amount of$23,541.45. Ayes- 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2016 Page 3 MOTION: of Hooppaw, seconded by Grendahl, accepting Project 2016-130, 2016 Concrete Removal &Replacement Services, as complete and authorizing final payment on the agreement wifh JWS Construction, LLC, in the amount of$944.70. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, setting a special informal City Council meeting, at 5:00 p.m., on November 10, 2016, at the Municipal Center, to discuss the preliminary 2017 Budget and Tax Levy. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, setting a special informal City Council meeting, at 8:00 a.m., on November 14, 2016, at the Municipal Center,to canvass the municipal election results. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving hiring the seasonal, part time and full time employees, and resignation of employees, as listed in the Personnel Report dated October 27, 2016. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, to pay the claims and bills, check registers dated October 5, 2016, in the amount of$533,106.99, and October 12, 2016, in the amount of$719,072.35. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA GENERAL ELECTION UPDATE Ms. Gackstetter provided the Council an update on election preparations and reminded the public about the upcoming City and State General Election on November 8. Polls will be open from 7:00 a.m. to 8:00 p.m. She encouraged everyone to exercise their right to vote. MINNESOTA SENIOR LIVING. LLC REVENUE BONDS Mr. Hedberg reviewed the request by Minnesota Senior Living, LLC, to issue Senior Living Revenue Bonds in a principal amount not to exceed $160,000,000 to fund the acquisition and improvements of senior living facilities in Apple Valley and other communities. He noted this is conduit debt and the City of Apple Valley is not responsible for the repayment of the bonds and it does not impact the City's bond rating. Discussion followed. Mayor Hamann-Roland called the public hearing to order at 7:32 p.m. to consider the issuance of Senior Living Revenue Bonds and adoption of a housing program related thereto pursuant to Minnesota Statutes, Chapter 462C. The Mayor asked for questions or comments from the Council and the audience. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2016 Page 4 Mayor Hamann-Roland asked if the bond issuance obligates the City and if the rents will change when the transactions happen and how long the rents will be affordable. Ms. Jennifer Hanson, of Dorsey& Whitney, responded that there is no obligation to the City and the City will be indemnified by the borrower for the life of the bonds. Mr. David Knight, from Minnesota Senior Living, LLC, provided information regarding the affordability of units and ownership of the proj ect. The Mayor asked if there were any additional questions or comments. There were none and the hearing was declared closed at 7:35 p.m. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2016-183 authorizing a housing program and providing for the issuance and sale of Senior Living Revenue Bonds at the request of Minnesota Senior Living, LLC, and approving documents to be entered into in connection therewith. Ayes - 5 -Nays - 0. UPONOR ANNEX EXPANSION Mr. Sharpe reviewed the request by Uponor North America Asset Leasing, Inc., for a public hearing concerning the vacation of drainage and utility easements on Lot 2, Block 1, Wirsbo Third Addition, and Lot 1, Block 1, Knob Ridge Second Addition. He indicated the applicant has requested the City not take formal action. Discussion followed. Mayor Hamann-Roland called the public hearing to order, at 7:43 p.m., to consider vacating easements on Lot 2, Block 1, Wirsbo Third Addition, and Lot l, Block l, Knob Ridge Second Addition. The Mayor asked for questions or comments from the Council and the public: There were none and the hearing was declared closed at 7:44 p.m. PLANNING COMMISSIONER RESIGNATION Ms. Gackstetter reviewed her memo regarding the resignation of Planning Commissioner Angela Polozun, creating a vacancy on the Planning Commission with a term expiring March 1, 2017. She recommended the Council extend an invitation to individuals interested in serving on the Planning Commission to submit an application to her by December 16, 2016. An appointment could then be made in January. MOTION: of Grendahl, seconded by Bergman, accepting the resignation of Planning Commissioner Angela Polozun and thanking her for her dedicated service to the City of Apple Valley; and directing staff to post the Planning Commission vacancy and inviting individuals interested in serving on the Commission to CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2016 � Page 5 submit an application to the City Clerk by December 16, 2016. Ayes - 5 -Nays - 0. COMMUNICATIONS Councilmember Bergman commended the Police Department and others for their professionalism and the exceptional job during the public meeting regarding a sex offender. Councilmember Goodwin pointed out that the laws regulating offenders are set by the State of Minnesota and not cities. Mr. Lawell commented on a letter received from the Minnesota Golf Association thanking the City and the City Council for a quality golf facility, and thanking Valleywood staff for putting on a high quality golf tournament. He then reminded the public there are vacancies now existing on the Planning Commission, the Telecommunications Advisory Committee, and Urban Affairs Advisory Committee, noting those interested should submit an application to the City Clerk. 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, 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 Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:58 o'clock p.m. Respectfully Submitted, `�� Pamela J. kste , City Clerk � Approved by the Apple Valley City Council � - on l I-t 0-I(o Mary am -R nd, Mayor � _ . _