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Home My WebLink About12/08/2016 CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 8, 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, Parks Superintendent Adamini, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Liquor Operations Director Swanson, 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 Webelos Colten Crider, Carl Johnson, Dan Johnson, Derek Johnson, and Isaac Van Arnem from Pack 293. APPROVAL OF AGENDA MOTION: of Hooppaw, 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 thi�s 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 Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the regular meeting of November 22, 2016, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 Page 2 MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-217 accepting, with thanks,the donation of$2,000.00 from Walmart, for use by the Police Department. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, 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 February 1 l, 2017, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving renewal and issuance of On-Sale and Off-Sale 3.2 Percent Malt Liquor Licenses for 2017, as attached to the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the special permits to move overweight structures on City streets, for Otting House Movers, LLC, as described on the permits attached to the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, setting the 2017 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the 2017 rates for City Attorney Services, as attached to the Assistant City Administrator's memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-218 amending and restating the establishment of the Telecommunications Advisory Committee. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing soliciting for requests for proposals for consulting services for the 2040 Comprehensive Plan Update. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-219 setting a public hearing, at 7:00 p.m., on January 12, 2017, to consider vacating easements on Lots 1 and 2, Block 4, Palomino Hills 3rd Addition, and Lot 4, Block 1, The Highlands (to be platted as Palomino Highlands). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the release of financial guarantees for Egret Lodge and South Shore Addition and the reduction of financial guarantee for Embry Place Second Addition from $1,224,185.00 to $374,185.00, CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 Page 3 as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the release of Natural Resources Management Permit financial guarantees for Remington Cove Apartments and Cortland 2nd Addition, and the reduction of Natural Resources Management Permit financial guarantee for Cortland 3rd Addition from $35,000.00 to $19,000.00, as listed in the Natural Resources Coordinator's memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Waiver of Hearing Special Assessment Authorization, with Miller Farms of Lakeville for 5751 150th Street W., as attached to the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-220 restricting parking along 152nd Street W. from Garrett Avenue to Galaxie Avenue, and ordering installation of the necessary signage. Ayes - 5 -Nays - 0. • MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-221 restricting parking for the Central Village municipal parking lot, and ordering installation of the necessary signage. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin,waiving the procedure for a second reading and passing Ordinance No. 1022 amending Section 71.17 of the'City Code, by deleting the section regulating the late-night parking exception for Gallivant Place. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1023 amending Appendix F of the City Code by amending Article A28, regulating Planned Development Designation No. 703. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Planned Development Agreement for Cobblestone Lake 7th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Termination and Release of Declaration of Restrictive Covenants for Outlot B, The Summerhill of Apple Valley, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-222 consenting to the transfer of Paxkside Village Gabella from IMH Gabella, LLC,to Bigos-Gabella, LLC, by consenting to partial assignment of Development Agreements. Ayes - 5 -Nays - 0. - CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 Page 4 MOTION: of Bergman, seconded by Goodwin, approving the Assignment of Development Agreement for The Legacy of Apple Valley Sixth Addition, between Galaxie Partners, LLC, and Founders Lane Investments, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for a three-year lease of advertising space within Hayes Park Arena with Dalseth Family& Cosmetic Dentistry, P.A., in the amount of$1,800.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Fitzgerald Excavating & Trucking, Inc., in the amount of an additional $2,335.20, and accepting Project 2013-125, Pond EVR-P8 (EVR-P12) Filter Bench Improvements, as complete and authorizing final payment in the amount of$2,335.20. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving hiring the seasonal,part time, and full time employees, retirement of employee, and resignation of employee, as listed in the Personnel Report dated December 8, 2016. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the claims and bills check registers dated,November 16, 2016, in the amount of$1,033,318.27 and November 23, 2016, in the amount of$815,051.33. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA 2017 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the 2017 proposed budget and tax levy. He reviewed the budget development process, on-going challenges, budget objectives and highlights. All properties in the City received mailed notice of the Truth-in-Taxation meeting and the notice included the proposed property taxes for 2017 based on preliminary budgets and tax levies approved in September. The impact of the property tax levy on the 2017 median valued home of$224,900,that experienced a 2.88% increase in market value, will result in the City's portion of property ta�ces increasing approximately $28. The General Fund revenues and expenditures are $31,494,315. Mr. Hedberg stated the final property ta�c levy for 2017 is $24,840,000, which is an increase of 3.25% or$782,000 from 2016. He pointed out Apple Valley's budget includes funding for the annual street maintenance program and property owners are not specially assessed for these improvements. Councilmember Bergman suggested additional budget meetings in the future. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 Page 5 Mayor Hamann-Roland opened the public comment portion of the Truth-in-T�ation hearing at 7:49 p.m. She asked for questions or comments from the public. There were none and the hearing was declared closed at 7:50 p.m. Discussion continued. Councilmember Grendahl recommended at least one budget meeting be held later in the year. She then inquired about attendance at the Teen Center and its funding. Mr. Bernstein responded to questions regarding attendance at the Teen Center and other parks and recreation facilities. Mayor Hamann-Roland said the budget is stable and predictable for taxpayers. She then thanked staff for their work. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2016-223 approving setting the City taa�levy collectible in 2017 at $24,840,000 and approving 2017 budgets with total revenue of$62,638,610 and expenditures of $72,622,905. Ayes - 5 -Nays - 0 TRANSFER FROM LIQUOR FUND TO GENERAL FUND Mr. Hedberg introduced this item and provided a brief history. Discussion followed. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2016-224 approving the transfer of$630,000.00 from the Liquor Fund to the General Fund for 2017. Ayes - 5 -Nays - 0. 2017 FEE SCHEDULE Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the cemetery, City fees and materials, consultant and engineering services, building inspections and permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The fees would be effective January 1, 2017. She noted the proposed rates more accurately reflect the City's costs. Some changes were also recommended as a result of increased fees being charged the City and some were increased according to the Engineering News Record cost index. No comments from the public have been received regarding the proposed changes. Mayor Hamann-Roland called the public hearing to order at 8:09 p.m. to consider the Fee Schedule which sets fees and charges for various products and services effective January 1, 2017. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:10 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 Page 6 MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2016-225 approving the 2017 Fee Schedule, by adjusting certain fees and charges effective January 1, 2017. Ayes - 5 -Nays - 0. COMPREHENSIVE PLAN AMENDMENT Mr. Lovelace reviewed the request by Menard, Inc., for an amendment to the 2030 Comprehensive Plan by re-designating the south 19 acres of the East %z of the Southwest '/4 of Section 26 from"IND" (Industrial)to "C" (Commercial), and rezoning of 50.66 acres of property from"I-2" (General Industrial)to "PD" (Planned Development). The Planning Commission reviewed this item at its October 19, 2016, meeting and voted to recommend denial of the Comprehensive Plan amendment and rezoning. Discussion followed regarding the potential loss of industrial zoned property, the property being a gateway from the east, potential future uses of the property,property valuation, as well as other topics. Mayor Hamann-Roland called a recess at 8:49 p.m. Mayor Hamann-Roland resumed the meeting at 8:58 p.m. Discussion continued. Mr. Tom O'Neil, of Menard, Inc., said they have tried to be responsive to concerns regarding land use, market analysis, and traffic. He noted they are willing to make certain commitments and listed some of them. The City Council continued discussion. Mr. O'Neil said they are interested to receive feedback regarding the project and requested the City Council table the matter until a pre-development agreement can be created. The Council identified key components they would like incorporated into a pre-development agreement. MOTION: of Hooppaw, seconded by Goodwin, granting the applicant's request to table consideration of the Comprehensive Plan amendment and rezoning to the informal City Council meeting on February 9, 2017, and directing the applicant, Menard, Inc., to work with staff on project details and a pre-development agreement. Ayes - 5 -Nays - 0. COMMUNICATIONS Councilmember Goodwin noted there was not enough time at the informal meeting to discuss the information presented by Dakota County Commissioner Gerlach. He suggested inviting CITY OF APPLE VALLEY Dakota County, Minnesota December 8, 2016 • Page 7 Commissioner Gerlach to another informal meeting and placing him first on the agenda so the Council can further discuss the Metropolitan Council reform topic. 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 Grendahl, seconded by Hooppaw,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 9:22 o'clock p.m. Respectfully Submitted, P aGl?.0� Pamela J. G ste er, City Clerk � Approved by the Apple Valley City Council i�. - • an 1 Z--22-�!o M H - lan , Mayor •