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HomeMy WebLinkAbout02/22/2018 CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 22, 2018, 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, City Engineer Anderson, Police Captain Bermel, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Recreation Manager Muelken, Community Development Director Nordquist, Police Chief Rechtzigel, 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 led by Boy Scouts Tommy Jacobs and Stewart Milne from Troop 293. APPROVAL OF AGENDA MOTION: of Hooppaw, seconded by Bergman, removing item 4.J - Adopt Resolution Approving Plans and Specifications for Project 2018-104, 2018 Utility Improvements, and Authorizing Advertising for Receipt of Bids at 10:00 a.m. on March 20, 2018, and approving the agenda for tonight's meeting, as amended. Ayes - S -Nays - 0. AUDIENCE Mayor HarYann-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 Grendahl, seconded by Bergman, approving all items on the consent agenda as amended. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of February 8, 2018, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 2 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-14 accepting, with thanks, the donation of cash and prizes from various businesses toward sponsorship of the Mid-Winter Fest celebration. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving issuance of lawful gambling exempt permits, by the State Gambling Control Board, to Sons of the American Legion, Squadron 1776, for use on April 14, 2018, and July 4, 2018, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the 2018 annual commercial extraction permit for Fischer Sand&Aggregate, LLP, Fischer Mining, LLC, and Rockport, LLC, subject to adhering to all applicable City ordinances and approved conditional use permits; and authorizing the City Administrator to consider and approve a limited number of modifications to hours of hauling outside of those hours permitted by City Code and approved conditional use permit, upon request by the permit holder. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Special Outdoor Promotion/Temporary Sign Permit for placement of signage on City property from March 21, 2018, through Apri121, 2018, in connection with the 2018 Home & Garden Expo, as described in the application. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the release of financial guarantee for Quarry Ponds Fourth Addition(LOC #ll09185), and reduction of financial guarantee for Quarry Ponds Fourth Addition from $21,600.00 to $14,600.00, as listed in the Community Development Department Assistant's memo. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-15 approving plans for building signage for Nystrom& Associates, located at 7300 147th Street W., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-16 approving a 6-foot 6-inch side setback variance on Lot 15, Block 5, Apple Valley (136 Gardenview Drive)to allow construction of a window well, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Release of Outlot B, Cortland Sixth Addition from Development Agreements, as attached to the City Engineer's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-17 authorizing an Agency Agreement with the Minnesota Department of Transportation(MnDOT) for Federal Participation in Construction. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 3 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2018-18 approving the Dakota County Electronic Crimes Task Force Joint Powers Agreement, as attached to the Police Chief's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement for Engineering, Highway Construction and Traffic Control Signal System Revisions with Dakota County for Project 2015-116, CSAH 31 &46 Signal Improvements, as attached to the Public Works Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement with the City of Burnsville for in-lake projects on Alimagnet, Lac Lavon, and Keller Lakes, as attached to the Natural Resources Coordinator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Agreement for Project 2018- 117, Fiber Optic Extension to Water Towers, with Comlink Midwest, LLC, in the amount of$50,124.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated February 22, 2018. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman,to pay the claims and bills, check registers dated January 31, 2018, in the amount of$278,896.72, and February 7, 2018, in the amount of$840,094.01. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA CHIEF'S AWARD OF MERIT Police Chief Rechtzigel presented Mr. Bill Tschohl the Chief's Award of Merit for being a promoter and ambassador of the Police Department and thanked him for his service to the community. Mr. Tschohl thanked the Police Chief and commented on the City's good leadership and work. The Council congratulated Mr. Tschohl on receiving this award. BEYOND THE YELLOW RIBBON COMMUNITY PROGRAM Mr. Chellsen, President of the Apple Valley Beyond the Yellow Ribbon Network, introduced Board Members Jay Peterson and Bill Tschohl and Committee Members Dick Geiger and Curt CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 4 Martinson. He then provided a brief history of the program and services provided to veterans in Apple Valley in 2017. Mr. Dick Geiger commented on the Honor Flight program adding that he was recently informed he will take the flight this coming April. In addition, his grandson received sponsorship from the Apple Valley Yellow Ribbon Network Program to accompany him as a guardian. Mr. Chellsen encouraged community members to get involved. The Mayor thanked their organization for making a difference in people's lives. BOGART'S/APPLE PLACE BOWL ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. The restaurant is located at 14917 Garrett Avenue. She noted receipt of the affidavit of publication of the hearing notice. The Police and Fire Departments completed background and site investigations and found no reason the licenses could not be authorized at this time. Mayor Hamann-Roland called the public hearing to order at 7:28 p.m. to consider the application by LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:29 p.m. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-19 approving issuance of a 2018 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to LoKo Bowling, Inc., d/b/a Bogart's/Apple Place Bowl, for premises located at 14917 Garrett Avenue. Ayes - 5 -Nays - 0. Mr. Scott Koecheler, of Bogart's/Apple Place Bowl, addressed the City Council. Mayor Hamann-Roland welcomed them to Apple Valley and wished them much success. ORDINANCE AMENDING PD-679/ZONE 3 Mr. Lovelace reviewed the request by Elder poyle, LLC, to amend Planned Development No. 679 to allow for illuminated building signage on building elevations on the side of buildings facing an adjacent public street that abuts residentially zoned property or directly abuts residentially zoned property in Zone 3. He noted the Planning Commission held a public hearing on this request on January 17, 2018. On February 7, 2018,the Planning Commission voted unanimously to recommend approval of the amendments. Discussion followed. Mr. John Elder, of Elder poyle, LLC, indicated they are comfortable with limiting the hours of illumination of building signs between 7:00 a.m. and 9:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 5 MOTION: of Hooppaw, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1040,amending Planned Development No. 679/Zone 3 to allow illuminated building signage on building elevations that are adjacent or abutting residentially zoned property. Ayes - 5 -Nays - 0. APPOINT TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo listing the applicants for the Telecommunications Advisory Committee. There is one vacancy with a term expiring March 1, 2018. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Barry Berg, Michael Deeny, Jeremy Hensche, Lorne Parker, Mason Smith, and Tyler Williams. There being no further nominations, the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Bergman, accepting the six nominations for the Telecommunications Advisory Committee, and amending the previously adopted appointment process to reduce the number of candidates by selecting two fewer candidates than total names appearing on the ballot. Ayes - 5 -Nays - 0. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names from the six nominees. After selections were made, they were tallied and the City Attorney announced that four names remained. 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 two names remained. MOTION: of Grendahl, seconded by Goodwin, amending the previous appointment process to reduce the number of candidates by selecting one less than the total number of names appearing on the ballot. Ayes - 5 -Nays - 0. 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 Barry Berg received the majority of votes. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-20 appointing Barry Berg to the Telecommunications Advisory Committee for a term expiring March 1, 2018. Ayes - 5 -Nays - 0. While the votes were being tabulated, Police Chief Rechtzigel updated the City Council on the Vitals Aware Services technology that will soon be utilized by the Police Department and Fire Chief Thompson showed two fire training videos, invited residents interested in becoming CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 Page 6 firefighters to apply, and commented on the recently obtained Class 2 rating from the Insurance Service Office (ISO). REAPPOINT COMMISSIONERS & COMMITTEE MEMBERS Ms. Gackstetter reviewed her memo regarding the reappointment of Commissioners and Committee Members with terms expiring March 1, 2018. She noted all members have indicated their interest in serving an additional term. The Mayor extended thanks to all Commissioners and Committee Members for their valuable services, adding the Council could not do the work it does without these committees. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-21 reappointing Timothy Anderson and David Kemp to the Cemetery Advisory Committee for a term expiring March 1, 2021; No. 2018-22 reappointing Boyd Montgomery and Brenton Schulz to the Parks and Recreation Advisory Committee for a term expiring March 1, 2021; No. 2018-23 reappointing Ken Alwin and Thomas Melander to the Planning Commission for a term expiring March 1, 2021; No. 2018-24 reappointing Barry Berg to the Telecommunications Advisory Committee for a term expiring March 1, 2021; No. 2018-25 reappointing Charles Grawe and Fred Puente to the Traffic Safety Advisory Committee for a term expiring March 1, 2021; and No. 2018-26 reappointing Tom Adamini and Sharon Schwartz to the Urban Affairs Advisory Committee for a term expiring March l, 2021. Ayes - 5 -Nays - 0. COMMUNICATIONS Ms. Haas invited the public to the Parks and Recreation Summer Jobs Fair at the Teen Center on March 9, 2018, from 11:00 a.m. to 2:00 p.m., and at the Apple Valley Community Center on March 13, 2018, from 3:00 p.m. to 7:00 p.m. Ms. Muelken invited everyone to the last Apple Valley Arts Foundation 2018 Frozen Apple concert at Valleywood Clubhouse on March 10, 2018, from 6:00 p.m. to 9:00 p.m. Ms. Saam showed pictures and briefly described staff's participation in the ISD 196 Stem Fair held last Thursday. 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 8:12 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 22, 2018 � Page 7 Respectfully Submitted, P � , Pamela J. G st r, City Clerk Approved by the Apple Valley City Council � � �''� on 3—8- 18 Mar a - land, ayor • •