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Home My WebLink About11/21/2017 CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 21, 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: Assistant City Administrator Grawe, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Police Captain Francis, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist; Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist 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 Goodwin, adding item 4.0—Approve the Springs at Apple Valley Termination and Release of Development Agreement, to the consent 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. Ms. Sarah Peterson, School of Environmental Studies student, and Mr. Bill Turner, resident, requested the City Council consider establishing an environmental and sustainability advisory commission. Discussion followed. The Council suggested they work with the Community Development Director to provide input into the Comprehensive Plan as well as share information. 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. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2017 Page 2 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 November 9, 2017, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the 2018 fees for Redwood Pool and Apple Valley Family Aquatic Center, Apple Valley Sports Arena and Hayes Park Arena, and Valleywood Golf Course, and granting the Parks and Recreation Director ar designee the latitude to adjust fees for promotions, as described in the Parks and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, directing the Urban Affairs Advisory Committee to research and plan the City's SOth Anniversary Celebration, as described in the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving participation in the 2020 census addresses (LUCA), as attached to the Planner/Economic Dev. Specialist's memo, and authorizing the Mayor and City Clerk to execute the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the reduction of financial guarantees for Quarry Ponds Fourth Addition from $125,768.70 to $14,600.00, Embry Place Second Addition from $65,000.00 to $27,600.00, Embry Place Third Addition from $113,688.00 to $9,500.00, and Cobblestone Lake North Shore 2nd Addition from $100,000.00 to $22,700.00, and the release of financial guarantees for Springs at Apple Valley, Cobblestone Lake North Shore #288, and Cobblestone Lake North Shore #286, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, accepting the first reading of the ordinance amending Chapter 152 of the City Code, regulating Natural Resources Management final as-built grade plans and security. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Joint Powers Agreement with Dakota County and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville d/b/a Dakota Valley Recycling for 2018 Waste Abatement Community Funding, as attached to the Assistant City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-170 setting a public hearing, at 7:00 p.m., on December 28, 2017, to consider vacating CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2017 Page 3 easements on Lot l, Block 9, and Lots 1 and 2, Block 10, Legacy of Apple Valley North. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-171 approving a 693 sq. ft. variance of accessory structure maximum size to construct a ground mounted solar array on Lot 5, Block 1, Beckman's First Addition(4675 120th Street W.), with conditions as recommended by the Planning Commission. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-172 approving a 10-foot front setback variance on Lot 6, Block 2, Valley Oaks Estates (13715 Grafton Court) to construct a single family home, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-173 approving a 10-foot front setback variance on Lot 7, Block 2, Valley Oaks Estates (13710 Grafton Court)to construct a single family home, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-174 rejecting bids for Project 2017-110, 2017 Utility Improvements. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Sub-recipient Agreement with Dakota County Community Development Agency (CDA) for Community Development Block Grant(CDBG) Funded Programs for fiscal years 2017 through 2019, as attached to the City Planner's memo, and authorizing the City Administrator to execute the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Agreement for Project 2017- 188, Well Pumps 8, 12, and Low Zone Pump 3 Maintenance, with Keys Well Drilling Company, in the amount of$53,060.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Agreement for Project 2018- 107, 2018 Water Meter Reading Services, with RMR Services, LLC, in the amount of$27,878.00, 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 Vision Woodworking, Inc., for Municipal Center Countertop Replacement Project, in the amount of an additional $1,460.67. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the 2018-2019 Labor Agreement with Law Enforcement Labor Services, Inc., (LELS), Local No. 243, Police CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2017 Page 4 Sergeants, as attached to the Human Resources Manager's memo, and authorizing execution of the necessary documents. Ayes - 5 -Nays- 0. � MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-175 amending the Personnel Policies Manual. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving hiring the part-time and full time employees, and resignation of employees, as listed in the Personnel Report dated November 21, 2017. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the claims and bills, check registers dated November 2, 2017, in the amount of$819,97535, and November 8, 2017, in the amount of$765,930.49. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, setting a special informal City Council meeting, at 3:00 p.m., on November 30, 2017, at the Municipal Center, for the purpose of discussing the preliminary 2018 Budget and Tax Levy. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, approving the Termination and Release of Development Agreement with Continenta1313 Fund, LLC, for the Springs at Apple Valley apartment project on Lot 1, Block 1, Springs at Apple Valley, (14650 Foliage Avenue) . Ayes - 5 -Nays - 0. END OF CONSENT AGENDA 2018 ON-SALE LIQUOR AND W1NE LICENSE RENEWALS Ms. Gackstetter reviewed her memo regarding renewal applications for On-Sale Intoxicating Liquor, Club, Concessionaire, Wine, and 3.2 Percent Malt Liquor licenses for 2018. She noted receipt of the affidavit of publication of the hearing notice and stated no comments have been received. Ms. Gackstetter stated that although the On-Sale 3.2 Percent Malt Liquor renewal licenses are included in the public hearing this evening, action on a113.2 Percent Malt Liquor licenses will take place at the December 14, 2017, meeting. Mayor Hamann-Roland called the public hearing to order at 7:13 p.m. to consider renewal applications for On-Sale Intoxicating Liquor, Club, Concessionaire, Wine, and 3.2 Percent Malt Liquor licenses for the year 2018. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:14 p.m. MOTION: of Grendahl, seconded by Hooppaw, approving renewal, for 2018, of On-Sale Intoxicating Liquor, Club On-Sale Intoxicating Liquor, Concessionaire On-Sale Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses, subject to receipt of the necessary fees and documents, by adopting Resolutions No. 2017-176 for Apple Minnesota, LLC, d/b/a Applebee's __ - CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2017 Page 5 Neighborhood Grill & Bar; No. 2017-177 for Apple Valley Grill, LLC, d/b/a Wild Bill's Sports Saloon; No. 2017-178 for Blazin Wings, Inc., d/b/a Buffalo Wild Wings; No. 2017-179 for CCH, LLC, d/b/a Celts Craft House; No. 2017- 180 for DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House; No. 2017-181 for E1 Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant; No. 2017-182 for LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill; No. 2017-183 for M, S &R, III, LLC, dlb/a Masu Sushi and Noodle; No. 2017-184 for MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar; No. 2017-185 for Osaka AV Inc., d/b/a Osaka Seafood Steakhouse; No. 2017-186 for PBAV- Sanders, LLC, cUb/a Panino Brothers; No. 2017-187 for Red Robin International, Inc., d1b/a Red Robin America's Gourmet Burgers & Spirits; No. 2017-188 for Rich Management, Inc., d/b/a Bogart's/Apple Place Bowl; No. 2017-189 for Vivo Restaurants, LLC, d/b/a Vivo; No.2017-190 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 2017-191 for Apple Valley American Legion, Post 1776; No. 2017-192 for Lancer Food Service, Inc., d/b/a Lancer Food Service; No. 2017-193 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2017-194 for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; No. 2017-195 for Darbar India Grill Apple Valley, Inc., d/b/a Darbar India Grill; No. 2017-196 for Ooka Bistro, Inc., d/b/a Ooka; and No. 2017-197 for Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger#1317. Ayes - 5 -Nays - 0. SALE PROCEEDS FOR BOND-FINANCED PROJECTS � Mr. Hedberg introduced this item and provided a brief history. Ms. Berit Spors, Regional Director of Operations at Ecumen, briefly described the sale and provided additional information. Discussion followed. Mayor HarYann-Roland called the public hearing to order at 7:19 p.m. to consider the expenditure of bond-financed project sale proceeds on The Centennial House of Apple Valley and Ecumen Seasons at Apple Valley. There were none and the hearing was declared closed at 7:20 p.m. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2017-1�8 consenting to and approving the expenditure of bond-financed project sale proceeds for projects in Apple Valley. Ayes - 5 -Nays - 0. TELECOMMUNICATIONS ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo listing the applicants for the Telecommunications Advisory Committee vacancy. CITY OF APPLE VALLEY Dakota County, Minnesota November 21, 2017 Page 6 . Councilmember Hooppaw suggesting extending the application period. Discussion followed. MOTION: of Hooppaw, seconded by Grendahl, directing staff to re-post the Telecommunications Advisory Committee vacancy and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by January 31, 2018. Councilmember Goodwin said the posting has been out there for quite a while and believes the number of applicants is reflective of the times. Considering there are good applicants, he recommends moving forward. Discussion continued. Vote was taken on the motion: Ayes -4 -Nays - 1 (Goodwin). COMMUNICATIONS Fire Chief Thompson reminded everyone to be careful while cooking this holiday season and staff off thin ice. • Mayor Hamann-Roland said the Metro Cities Legislative Conference will be held next Wednesday. 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 Grendahl, seconded by Bergman,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:32 o'clock p.m. Respectfully Submitted, P a,c,teot�t'.w Pamela J. G st tt r, City Clerk Approved by the Apple Valley City Council G�'�/ • on P 1-2"I- 11 Mary o d, Mayor