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HomeMy WebLinkAbout10/26/2017 CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 26, 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, Parks Maintenance Superintendent Adamini, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Parks Maintenance Working Foreman Endres, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Police Chief Rechtzigel, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. 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 Matthew Skowronek from Troop 205. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Hooppaw, 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. Adamini thanked the City Council for their support over the years and commented on filling his position following his retirement. 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of October 12, 2017, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 Page 2 MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-154 accepting, with thanks, the donation of an Autumn Blaze tree in memory of Sue Bunting from Small Groups Bible Study for Use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a 2017 Coin-Operated Amusement Device License for Carmike Cinemas, LLC, at 15630 Cedar Avenue. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a 2018 License to Collect Refuse, to Highland Sanitation& Recycling, Inc., as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-155 setting a public hearing, at 7:00 p.m., on November 21, 2017, on renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2018. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-156 setting a public hearing, at 7:00 p.m., on November 21, 2017, on expenditure of sale proceeds for bond-financed projects (Ecumen Seasons at Apple Valley and The Centennial House of Apple Valley). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-157 amending the 2017 operating budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the update to Project 2016-185, Long and Farquar Lakes TMDL Implementation Plan. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-158 approving the split of a single tax parcel into two tax lots for Lots 4 and 5, Block 1, The Woods (12816 Denmark Avenue), with conditions. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-159 approving the site plan and authorizing issuance of a building permit for 9,880 square foot office and classroom additions and parking lot improvements at Cedar Park Elementary (7500 Whitney Drive), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-160 approving the final plat of Scott Highlands Middle School, and waiving the requirement for a development agreement. Ayes - 5 -Nays - 0. r CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 Page 3 MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2017-161 approving the final plat of Rumoulington Addition, and waiving the requirement for a development agreement. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Extension Notice to Lease Agreement with Charter Cable Partners, LLC, as attached to the Public Works Superintendent - Utilities memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Temporary Access Easement and Electrical Service Agreement for Scout Lake aeration system with Gregary and Heidi Frandosky, as attached to the Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0 MOTION: of Bergman, seconded by Grendahl, approving the Agreement for online safety data sheet (SDS) services with MSDSonline, in the amount of$3,946.55 for the first year and $2,611.55 for the second year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Agreement for Managed Voice for Mitel services with Marco Technologies, LLC, in the amount of$48,879.00, and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving Change Orders No. 1 and No. 2 to the agreement with Klar Dig Construction, Inc., for Project 2017-167, Cobblestone Lake Park Pavilion and Restroom Building, with a deduction of $1,075.00 for No. 1, and an additional amount of$6,789.00 for No. 2, and authorizing the Parks and Recreation Director to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Recycling Collection Services, as complete and authorizing final payment on the agreement with A-1 Recycling, Inc., in the amount of$1,688.20. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, accepting Refuse Collection Services, as complete and authorizing final payment on the agreement with Dick's Sanitation, Inc., in the amount of$8,624.55. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1033 amending Chapter 34 of the City Code entitled Personnel by deleting Chapter 34 Governing Employee/Personnel Policies. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Personnel Policy Manual, as attached to the Human Resources Manager's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 Page 4 MOTION: of Bergman, seconded by Grendahl, approving hiring the seasonal, part-time employees,transfer of employee and resignation of employees, as listed in the Personnel Report dated October 26, 2017. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated October 4, 2017, in the amount of$983,545.50, and October 11, 2017, in the amount of$2,133,817.87. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA ORDINANCE AMENDING PD-507 Mr. Lovelace gave the first reading of an ordinance amending Appendix F of the City Code by Amending Article A18 to allow for on-sale liquor in conjunction with a restaurant facility as a permitted use and clarify the existing Class I Restaurant permitted use description in Zone 1 of Planned Development No. 507. On September 20, 2017, the Planning Commission voted unanimously to recommend approval of the amendments following the public hearing at which no public comments were received. MOTION: of Grendahl, seconded by Hooppaw, waiving the procedure for a second reading and passing Ordinance No. 1034 amending Appendix F of the City Code by Amending Article A18 to allow for on-sale liquor in conjunction with a restaurant facility as a permitted use and clarify the existing Class I Restaurant permitted use description in Zone 1 of Planned Development No. 507; as recommended by the Planning Commission. Ayes - 5 -Nays - 0. EVENDALE WAY AND EASEMENTS IN EAGLE RIDGE BUSINESS PARK VACATION Mr. Sharpe reviewed the request by Wasatch Storage Partners, LLC, for a vacation of a portion of Evendale Way and drainage and utility easements dedicated in the plat of Eagle Ridge Business Park. The City Council is only asked to hold the public hearing this evening. Action on the item will be requested when the final plat is brought forward at a later date. Mayor Hamann-Roland called the public hearing to order, at 7:17 p.m., to consider vacating a portion of Evendale Way and drainage and utility easements dedicated in the plat of Eagle Ridge Business Park. The Mayor asked for questions or comments from the Council and the public. Ms. Vicki VanDell, of Loucks Associates, addressed the Council. Mayor Hamann-Roland asked what color the doors will be. Ms. VanDell said the doors on the north will be grey. The Mayor asked for additional questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:18 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 Page 5 DAKOTA COUNTY 2018-2022 CAPITAL IMPROVEMENTS PLAN Mr. Saam reviewed the proposed resolution of support for the Dakota County draft 2018-2022 Capital Improvements Program (CIP). Support of the County's CIP does not specifically financially obligate the City. As projects come forward, specific Joint Powers Agreements will be brought to the City Council for consideration. Discussion followed. Councilmember Goodwin asked why the bicycle trail cannot go under County Road 42 instead of over it. He also commented on the CSAH 38 widening project and expressed concern with the number of mature trees that are projected to be removed. He requested staff look at this to see if the road could be shifted north to reduce the loss of trees on the south side of the road. Discussion continued. Councilmember Bergman asked if the preliminary design of the future MnPass will work with the future 494 corridor project. • Mr. Saam said the preliminary design will work with the future 494 project. The Council continued discussion regarding the preliminary design plans for the future MnPass. Councilmember Grendahl stated she does not want to see the same things presented years ago. Discussion continued. MOTION: of Hooppaw, seconded by Bergman, amending the resolution of support to include a condition encouraging the County to consider additional tree preservation in connection with the CSAH 38 widening project and adopting Resolution No. 2017-162 supporting the draft 2018-2022 Capital Improvements Program for Dakota County, with conditions. Ayes - 5 -Nays - 0. APPOINT ECOMONIC DEVELOPMENT AUTHORITY COMMISSIONER Ms. Gackstetter reviewed her memo regarding the Economic Development Authority vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Ken Johnson, Jodi Kurtz, John Pellika, and Mason Smith. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Bergman, accepting the four nominations for the Economic Development Authority. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 Page 6 The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select three names. After selections were made, they were tallied and the City Attorney announced that the three names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select two names. After selections were made, they were tallied and the City Attorney announced that the two names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select one name. After selections were made, they were tallied and the City Attorney announced that Ken Johnson received the majority of votes. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2017-163 appointing Ken Johnson to the Economic Development Authority for a term expiring March 1, 2022. Ayes - 5 -Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. URBAN AFFAIRS ADVISORY COMMITTEE MEMBER RESIGNATION Ms. Gackstetter reviewed her memo regarding the resignation of Urban Affairs Advisory Committee Member Edwin Holmes, creating a vacancy on the Urban Affairs Advisory Committee with a term expiring March l, 2018. She recommended the Council extend an invitation to individuals interested in serving on the Urban Affairs Advisory Committee to submit an application to her by December 15, 2017. An appointment could then be made in January. MOTION: of Grendahl, seconded by Hooppaw, accepting the resignation of Urban Affairs Advisory Committee Member Edwin Holmes and thanking him for his dedicated service to the City of Apple Valley; and directing staff to post the Urban Affairs Advisory Committee vacancy and inviting individuals interested in serving on the Commission to submit an application to the City Clerk by December 15, 2017. Ayes - S -Nays - 0. COMMUNICATIONS The City Council and staff extended condolences to the friends and family of Paul Hunsinger, former Fire Chief, who recently passed away. Mr. Bernstein provided a brief update on the construction project at Cobblestone Lake. CITY OF APPLE VALLEY Dakota County, Minnesota October 26, 2017 • Page 7 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 8:19 o'clock p.m. Respectfully Submitted, � a.�Zo�, Pamela J. G c st , City Clerk /� r' Approved by the Apple Valley City Council on 11-q- 1"1 Mar a - lan , Mayor' • .