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Home My WebLink About08/09/2018 CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2b18 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 9, 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 Dougherty, City Engineer Anderson,Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis,Assistant City Administrator Grawe, Finance Director Hedberg, Community Development Director Nordquist, Public Works Director Saam,Natural Resources Coordinator Schaum, 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 to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, 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. 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 Hooppaw, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hooppaw, seconded by Grendahl, approving the minutes of the regular meeting of July 26, 2018, as written. Ayes -5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-108 authorizing issuance and sale of$4,000,000.00 General Obligation Water CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2018 Page 2 Revenue Note, Series 2018A,to Merchants Bank, at a net effective interest of 2.95%. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the letter of support for Managing Ash for Emerald Ash Borer in Community Forests Grant Application, as attached to the Natural Resources Coordinator's memo, and authorizing the Mayor to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the release of Natural Resources Management Permit(NRMP) financial guarantees for Magellan Pipeline Maintenance and Uponor Annex II Addition, as listed in the Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the License Agreement for shed encroachment on Lot 6, Block 1, Pilot Knob Estates (14386 Embry Court). Ayes - S -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Water Quality Improvement Cost Share Program Agreement with Independent School District 196 for native raingarden at 4679 144th Street W., in an amount not to exceed$500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-109 approving the Governmental Lease Purchase Agreement No. 004-0741727-301, dated June 25, 2018, for a turf sprayer at Valleywood Golf Course. Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Agreement for Project 2018- 136, Hydrant Reconditioning and Painting, with B & B Commercial Coating, LLC, in the amount of$22,080.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the Agreement for Project 2018- 157, Family Aquatic Center Roofing - Bath House, with Redline Architectural Sheet Metal, LLC, in the amount of$76,754.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated August 9, 2018. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, to pay the claims and bills, check register dated July 18, 2018, in the amount of$579,268.42, and July 25, 2018, in the amount of$1,611,261.05. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2018 Page 3 HEARING ON TEMPORARY DRAWDOWN OF LONG LAKE Ms. Schaum introduced this item and explained the reason for the temporary drawdown of Long Lake (Public Water 19002200) is to aid in controlling curly-leaf pondweed and rough fish. Discussion followed. Mayor Hamann-Rdland called the public hearing to order at 7:10 p.m. to consider the temporary drawdown of Long Lake. The Mayor asked for questions or comments from the Council and the audience. Mr. Paul Habegger, 5597 133rd Street Court,provided data in support of the drawdown. Mr. Bill Sherry, 4855 Dominica Way, President of the Farquar Lake Association, commented in favor of the drawdown. The Mayor asked for additional questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:19 p.m. HEARING ON VACATION OF EASEMENTS ON 129 AND 135 SURREY TRAIL SOUTH Ms. Bodmer reviewed the request by Gene and Shelby Splinter and Dan Moulin to vacate drainage and utility easements on Lot 1, Block 1, Rumoulington Addition; and Lot 15, Block 3, and the South half of Lot 16, Block 3, Lebanon Hills First Addition(135 Surrey Trail South and 129 Surrey Trail South). The vacation is requested so that new property lines can be established. Replacement easements will be dedicated on the new plat. Mayor Hamann-Roland called the public hearing to order, at 7:23 p.m., to consider vacating easements on Lot l, Block l, Rumoulington Addition; and Lot 15, Block 3, and the South half of Lot 16, Block 3, Lebanon Hills First Addition. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:24 p.m. ORCHARD PATH PROJECT—SENIOR HOUSING REVENUE REFUNDING BONDS Mr. Hedberg reviewed the request by PHS Apple Valley Senior Housing, Inc., for conduit debt to issue revenue bonds to refund the outstanding principal amount of$49,725,000, issued to fund the construction of the Presbyterian Homes and Services Program-PHS Apple Va11ey Project. He noted there is no liability to the City and it will not affect the City's bond rating. Mayor Hamann-Roland called the public hearing to order, at 7:25 p.m., to consider the issuance of Senior Housing Revenue Refunding Bonds to be issued to refund the outstanding principal amount of Public Finance Authority's $49,725,000 Revenue Bonds, Series 2016 A,that were originally issued to fund the construction of the Presbyterian Homes and Services Program-PHS CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2018 Page 4 Apple Valley project(Orchard Path Project). The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:26 p.m. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No.2018-110 providing for the issuance and sale of Senior Housing Refunding Bonds (PHS Apple Valley Senior Housing, Inc.-Orchard Path Project, Series 2018, relating to a senior housing and health care project. Ayes - 5 -Nays- 0. HOLIDAY STATIONSTORE CONDITIONAL USE PERMIT FOR CAR WASH Mr. Sharpe reviewed the request by Holiday Stationstore#0316 for a Conditional Use Permit to allow for a second car wash stall on Lot 1, Block l, Holiday Johnny Cake Addition(5980 149th Street West). Discussion followed. MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2018-111 approving a Conditional Use Permit to allow for a second car wash stall at Holiday Stationstore#0316, on Lot 1, Block l, Holiday Johnny Cake Addition (5980 149th Street W.),with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. RYAN REAL ESTATE REDEVELOPMENT Ms. Bodmer reviewed the request by Launch Properties and CJ Ryan, LLC, for considerations of actions that would allow them to redevelop the Ryan Real Estate property lvcated at 14750 Cedar Avenue. The actions include a zoning amendment to PD-290 and Planned Development Agreement, a Conditional Use Permit for a drive-thru lane in connection with a coffee shop, and a site plan review/building permit authorization. The Planning Commission voted unanimously to recommend approval of the three requested land use actions at its meeting of June 20, 2018. Discussion followed. MOTION: of Goodwin, seconded by Grendahl,waiving the procedure for a second reading and passing Ordinance No. 1048 rezoning Lot 1, Block 2, Apple Valley Commercial Addition,to Zone 5, and establishing PD-290/Zone 5, setback and area standards. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2018-112 approving the Planned Development Agreement for the Ryan Real Estate Redevelopment, on Lot 1, Block 2,Apple Valley Commercial Addition, subject to final approval by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2018 Page 5 MOTION: of Bergman, seconded by Grendahl,adopting Resolution No. 2018-113 approving a Conditional Use Permit to allow drive-thru window service in connection with a Class II Restaurant in Planned Development No. 290/Zone 5, on Lot 1, Block 2, Apple Valley Commercial Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-114 approving the site plan and authorizing issuance of a building permit for 11,000 sq. ft. multi-tenant building on Lot 1, Block 2, Apple Valley Commercial Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0: Mr. Dan Regan, Launch Properties, said they are very excited about this project. He then thanked City staff for their efforts in helping put this quality project together. ORDINANCE AMENDING CHAPTER 91 - ANIMALS Mr. Grawe gave the first reading of an ordinance amending Chapter 91 of the City Code entitled Animals, for the purpose of creating separate Code provisions for dog and cat violations enhanced penalties. The ordinance was prepared by the City Attorney and the amendment is made to comply with the Minnesota Courts reporting system. The Council accepted the first reading. The second reading is scheduled for August 23, 2018. APPOINT TELECOMMUNICATIONS ADVISORY COMMITTEE MEMBER Ms. Gackstetter reviewed her memo listing applicants for the Telecommunications Advisory Committee vacancy. The Mayor called for nominations for the vacancy. Councilmember Grendahl nominated Michael Deeny, Inam Haque, Milo Holsten, Gregory Ludvigsen, Lorne Parker, Mason Smith, Mary Sparks, Carson Turnquist, and Tyler Williams. There being no further nominations,the Mayor declared the nominations closed. MOTION: of Grendahl, seconded by Goodwin, accepting the nine nominations for Telecommunications Advisory Committee and amending the previously adopted appointment process to reduce the number of candidates by selecting three 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 six names from the nine nominees. After selections were made, they were tallied and the City Attorney announced that seven names remained. The City Clerk prepared ballots and the City Attorney distributed them to the Council who were asked to each select four names. After selections were made,they were tallied and the City Attorney announced that four names remained. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2018 Page 6 MOTION: of Goodwin, seconded by Hooppaw, amending the previous appointment process to reduce the number of candidates by selecting two 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 two names. After selections were made,they were tallied and the City Attorney announced that two names remained. 1VIOTION: of Hooppaw, seconded by Grendahl, 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 Carson Turnquist received the majority of votes. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-115 appointing Carson Turnquist to the Telecommunications Advisory Committee for a term expiring March 1, 2019. Ayes - 5 -Nays - 0. Mayor Hamann-Roland thanked all the applicants who applied and expressed interest in the position. During the counting of the votes, Police Captain Francis provided an update on the school resources officer training; Police Captain Bermel provided an update on the Vitals program; Mr. Bernstein invited the public to the "Music in Kelley Park" concert series on Friday night from 6:00 p.m. to 9:00 p.m.; and Mr. Grawe announced the City launched its new website earlier this week. COMMUNICATIONS Mayor Hamann-Roland commented on the successful Business Watch picnic held in connection with Night to Unite. She also commented on the training and professionalism of the Family Aquatic Center staff during a recent situation. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, approving the calendar of upcoming events as included in the 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 Bergman,to adjourn. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 9, 2018 � Page 7 The meeting was adjourned at 8:11 o'clock p.m. Respectfully Submitted, Pa�a.� G�o�� Pamela J. G ste r, City Clerk Approved by the Apple Valley City Council on 8-2 0-I S M am -R d, Mayor • �