HomeMy WebLinkAbout07/27/2017 CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 27, 2017, 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, 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 to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Grendahl, moving consideration of item 4.G-
Authorize Staff to Prepare and Negotiate Lease Terms with Tenants at Old City
Hall, and 4.J - Adopt Resolution Approving Plans and Specifications for Project
2017-162, Hayes Arena Stormwater Retrofits, and Authorizing Advertising for
Receipt of Bids at 10:00 a.m. on August 15, 2017, to the regular agenda; 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 Goodwin, seconded by Grendahl, approving all remaining items on the consent
agenda. Ayes - 5 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting
of July 13, 2017, as written. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
Page 2
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Ducks
Unlimited, Chapter 185, for use on September 13, 2017, at Bogart's/Apple Place
Bowl, 14917 Garrett Avenue, and waiving any waiting period for State approval.
Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a Temporary On-Sale
3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776,
for use on September 9, 2017, at the American Legion, outdoars at 14521
Granada Drive, as described in the City Clerk's memo. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-112 setting a
public hearing, at 7:00 p.m., on August 24, 2017, on the application for a new On-
Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by
MJA Restaurants Apple Valley, LLC, d/b/a PR'S Sports Bar. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving receipt of the 2018 Financial
Requirements of the Apple Valley Firefighters Relief Association, as attached to
the Fire Chief's memo. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial
guarantee for Quarry Ponds Fourth Addition from $487,925.00 to $311,161.80, as
listed in the Community Development Department Assistant's memo. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-113
approving the final plat of Valley Middle School, 900 Garden View Drive, and
waiving the requirement for a development agreement. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-114
approving plans and specifications for Project 2017-110, 2017 Utility
Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m., on
August 15, 2017. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-116
amending plans and specifications for Project 2016-138, 2016 Galaxie Avenue
and 140th Street Traffic Signal Improvements. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-117 awarding
the Agreement for Project 2017-135, CSAH 42 and Embry Path Intersection
Improvements, with Max Steininger, Inc., the lowest responsible bidder, in the
amount of$624,305.10. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Water Quality Improvement
Cost Share Program Agreement with Maxwell and Christine Chessler for
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
Page 3
raingarden and native garden installation at 6905 135th Street Court, not to
exceed $500.00, and authorizing the Mayor and City Clerk to sign the same.
Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2017-
173, 2017 Water Break-Gate Valve Repairs, with Krueger Excavating, Inc., in the
amount of$39,500.00, and authorizing the Mayor and City Clerk to sign the
same. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Agreement with Terri E.
Langfus, for Holyoke Area Drainage Improvements, on Lot 1, Block 2, Palomino
Lakeside Meadows 3rd Addition, 13933 Holyoke Court, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the
Agreement with Keys Well Drilling Company, with a deduction of$4,690.00; and
accepting Project 2016-182, Well Pumps 5, 10, 14, and Low Zone Pump 2
Maintenance as complete, and authorizing final payment in the amount of
$3,609.25. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the
Agreement with Sewer Services, Inc., with a deduction of$14,161.00; and
accepting Project 2017-150, 2017 Sump Catch Basin Cleaning as complete, and
authorizing final payment in the amount of$67,949.00. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the hiring, promotion, and acting
assignment of seasonal,part-time, and full time employees, and accepting
retirements and resignations, as listed in the Personnel Report dated July 27,
2017. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers
dated July 6, 2017, in the amount of$1,514,382.97; and July 13, 2017, in the
amount of$1,129,798.06. Ayes - 5 -Nays - 0.
END OF CONSENT AGENDA
MIKE MAGUIRE RECOGNITION
On behalf of the City Council, Mayor Hamann-Roland presented past Economic Development
Authority (EDA) Board Member Mike Maguire with a certificate in appreciation of his volunteer
service on the Apple Valley EDA.
MOTION: of Grendahl, seconded by Bergman, accepting the resignation of Economic
Development Authority Board Member Mike Maguire and thanking him for his
dedicated service to the City of Apple Valley. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
Page 4
Apple Valley Chamber of Commerce President Ed Kearney recognized Mr. Maguire as a past
Chair of the Chamber of Commerce Board and commended him on his leadership and many
contributions to the community.
Mr.Nordquist also thanked Mr. Maguire and presented him with his EDA name plaque.
NIGHT TO UNITE
Police Captain Francis reviewed the agenda of activities planned for"Night to Unite"which will
be held on August 1, 2017. He invited everyone to attend a picnic sponsored by the Business
Watch program, from 11:30 a.m. to 1:30 p.m., at Kelley Park. Visits by the Councilmembers
and Police and Fire Departments to neighborhood events will begin at 5:00 p.m., and continue
throughout the evening. There are approximately 100 neighborhood parties registered so far.
Anyone interested in scheduling a neighborhood party should contact Crime Prevention
Specialist Pam Walter. He then read the proclamation.
MOTION: of Hooppaw, seconded by Bergman, proclaiming August 1, 2017, as "Night to
Unite" and encouraging citizens to participate in and support the crime prevention
efforts this opportunity offers. Ayes - 5 -Nays - 0.
VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY
Ms. Bodmer reviewed the request by OneTwoOne Development, LLC, and the City of Apple
Valley for consideration of amendments to PD-739 and a subdivision by preliminary plat for
construction of a 58-unit senior cooperative building on the southwest corner of Galaxie Avenue
and 153rd Street at 7070 153rd Street W. She said today an additional request was received for a
reduction in parking stall length from 20 feet to 18 feet. She then reviewed the questions asked
at the public hearing held by the Planning Commission on August 17, 2016. On June 21, 2017,
the Planning Commission voted unanimously to recommend approval of the project.
Discussion followed.
Councilmember Hooppaw indicated his preference would be to resolve the parking stall length
issue this evening. He then suggested staff look at the ordinance as it applies to other areas of
the City and amend the ordinance as necessary.
Discussion continued.
MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 1030 rezoning Lot l,
Block 2, Village Pointe Plaza, from PD-739, Zone 2 (Planned Development)to
PD-739, Zone 1 (Planned Development). Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
Page 5
MOTION: of Bergman, seconded by Hooppaw, passing Ordinance No. 1031 rezoning
Outlot A, Village Pointe Plaza, from PD-739, Zone 2 (Planned Development) to
PD-739, Zone 4 (Planned Development). Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Grendahl, amending the draft ordinance language to
include a reduction in garage stall length to 18 feet, waiving the procedure for a
second reading, and passing Ordinance No. 1032 amending PD-739 (Planned
Development), regulating parking design and maintenance, as amended. Ayes - 5
-Nays - 0.
MOTION: of Bergman, seconded by Hooppaw, directing staff to prepare a Planned
Development Agreement. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-118
approving a subdivision by preliminary plat of Village Pointe Plaza, with
conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0.
MOTION: of Bergman, seconded by Goodwin, approving the First Amendment of the
Metropolitan Livable Communities Act Livable Communities Demonstration
Account (LCDA) Grant Agreement. Ayes - 5 -Nays - 0.
Mr. Tim Nichols, of OneTwoOne Development, LLC, said they are excited about this
opportunity and the nice things they will be bringing back to the City Council in the future.
LEASE AT OLD CITY HALL
Mr.Nordquist introduced this item and provided a brief history. He then presented the scope of
work for the old City Hall building. He noted the planning is currently for two tenants: St.
Mary's University and MacPhail.
Discussion followed.
Councilmember Grendahl said she supports this and encouraged Mr. Nordquist to do the best job
he can to negotiate the terms of the lease.
Councilmember Hooppaw stated he has no objection with the proposed tenants. He questioned
whether the right way to go about having higher education in the City of Apple Valley is by
having the City be the landlord and building owner. Since all the expenses are not yet known, it
has the potential to put the City at risk if the funding for repairs comes out of the General Fund.
He asked if there was a way to put ownership of the building in the hands of those who are going
to use it, and require them to use it for a specified period of time as well as maintain the building.
That way the tenants assume the risk. He said he cannot support going into lease negotiations
until this matter is fully vetted, and he does not believe it has been fully vetted.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
Page 6
Councilmember Bergman also said he is in favor of St. Mary's and MacPhail being here;
however, he has concerns with the building and believes there may be hidden costs to the project.
He cannot support moving forward until the plans have been fully vetted.
Councilmember Goodwin said he thinks it is a great use. He recalled a comment from one of the
proposed tenants that specifically stated he likes the building the way it is and suggested leaving
it alone.
Councilmember Grendahl noted MacPhail needs to move very quickly, so there is not much
time.
Discussion continued.
MOTION: of Grendahl, seconded by Hamann-Roland, authorizing staff to prepare and
negotiate lease terms with tenants at Old City Hall, 14200 Cedar Avenue, as
described in the Community Development Director's memo.
Mayor Hamann-Roland stated the neighborhood loves this use and the feedback she has
received supports this. She believes it is a good decision.
The City Council continued discussion.
Vote was taken on the motion: Ayes - 3 -Nays - 2 (Bergman and Hooppaw).
HAYES ARENA STORMWATER RETROFITS
Councilmember Bergman noted Valleywood Golf Course had to pay for paving its parking lot
while the funding for paving of the Hayes Arena parking lot is coming out of the General Fund.
He said he would like the City Council and staff to develop a pavement management plan for all
City buildings.
Mr. Anderson provided information regarding the grant received for this project.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-115
approving plans and specifications for Project 2017-162, Hayes Arena
Stormwater Retrofits, and authorizing advertising for receipt of bids, at 10:00
a.m., on August 15, 2017. Ayes - 5 -Nays - 0.
STAFF ITEMS
Mr. Lawell invited the public to the "Music in Kelley Park"concert series on Friday nights from
6:00 p.m. to 9:00 p.m.
With the resignation of Mike Maguire from the Economic Development Autharity(EDA), he asked
if the City Council would like to solicit applications for the EDA.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 27, 2017
• Page 7
Due to vacations over the summer months, Mayor Hamann-Roland suggested leaving the vacancy
open until sometime in September.
Discussion followed.
MOTION: of Bergman, seconded by Grendahl, directing staff to post the Economic
Development Authority vacancy and inviting individuals interested in serving on
the Committee to submit an application to the City Clerk by September 14, 2017.
Ayes - 5 -Nays - 0.
Councilmember Grendahl commented on the Dakota County Shelter Leadership Wark Group.
She suggested the County consolidate some of their members and include representatives from
the various cities.
The City Council and staff further discussed this topic.
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 Goodwin,to adjourn. Ayes - 5 -Nays - 0.
The meeting was adjourned at 8:29 o'clock p.m.
Respectfully Submitted,
P �.�o�—,�
Pamela J. G ste , City Clerk �'"
Approved by the Apple Valley City Council l�`'
on $-I O-t'I Mary am -� and,A ayor
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