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HomeMy WebLinkAbout09/13/2018 CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held September 13, 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, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief Russell, and Public Works Director Saam. 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, adding item 4.AC -Authorize Issuance of 1 to 4 Day Temporary On-Sale Liquor License for Apple Valley Chamber of Commerce at Kelley Park on September 28, 2018, and Approve Street Closures, 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. Mr. Gene Rechtzigel asked the City Council to consider placing a variance request on a future agenda. Mr. Dougherty responded that the City does not have jurisdiction to grant a variance to the State Building Code. He added that the appeal process for a Building Code variance would be through the State of Minnesota. Mayor Hamann-Roland suggested Mr. Rechtzigel and the City Attorney have additional discussion. 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 September 13, 2018 Page 2 MOTION: of Grendahl, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of August 23, 2018, as written. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-122 accepting, with thanks,the donation of$500.00 from Magellan Pipeline Company for use by Fire Department. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No.2018-123 accepting,with thanks, the donation of a purple martin bird house from Wes Gerber for use by Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley American Legion, A�iliary Unit, 1776, for use on October 13, 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 Hooppaw, approving issuance of a new 2018-2019 License to Sell Tobacco and Tobacco Products to Dana Market, LLC, 14265 Essex Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a new 2018 Fuel Dispensing Facility Permit to Dana Market, LLC, 14265 Essex Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a change in officer for Blazin Wings, Inc., d/b/a Buffalo Wild Wings in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14658 Cedar Avenue, Ste. D,naming Jerry David Pipes as Vice President/Treasurer,Nils Holman Okeson as Vice President/Secretary, and Robert Quince Jones, Jr. as Vice President/Assistant Secretary, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-124 setting a public hearing, at 7:00 p.m., on October 11, 2018, on the application for a new On-Sa1e Intoxicating Liquor License and Special License for Sunday Liquor Sales by Pear One, Inc., d/b/a The Pear at Valleywood, 4851 McAndrews Road. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 3 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-125 approving 2018 Special Assessment Roll No. 655, for hearing purposes, in the total amount of$167,021.21 for delinquent utility charges, and setting the public hearing, at 7:00 p.m., on October 11, 2018. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-126 approving 2018 Special Assessment Roll No. 656, for hearing purposes, in the total amount of$1,098.92 for delinquent tree removal charges, and setting the public hearing, at 7:00 p.m., on October 11, 2018. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-127 approving 2018 Special Assessment Roll No. 657, for hearing purposes, in the total amount of$1,124.00 for delinquent false alarm charges, and setting the public hearing, at 7:00 p.m., on October 11, 2018. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the reduction of financial guarantees for Quarry Ponds Fourth Addition from $100,000.00 to $15,000.00 and Quarry Ponds Fifth Addition from $719,816.18 to $299,924.00, as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw,proclaiming September 28, 2018, as "Oktoberfest", a community festival in Apple Va11ey, and authorizing temporary signage. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-128 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving a permit for Anderson Building Movers to move an overweight structure on City streets between September 15 and 22, 2018, depending on weather, as described in the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-129 approving the preliminary plat of Splinter Addition(129 and 135 Surrey Trail South), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-130 approving a one-foot north side yard setback variance (from 10 feet to 9 feet), and a five-foot south side yard setback variance (from 10 feet to 5 feet) on Lot 2, Block 1, Splinter Addition(129 Surrey Trail), as recommended by the Planning Commission. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 4 MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-131 completing vacation of all drainage and utility easements on Lot 1, Block l, Rumoulington Addition; and Lot 15, Block 3, and the south half of Lot 16, Block 3, Lebanon Hills First Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-132 approving the final plat of Splinter Addition, and waiving the requirement for a development agreement. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-133 directing the City Engineer to prepare plans and specifications and accepting the feasibility study for Project 2017-109, Johnny Cake Ridge Road Improvements. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-134 directing the City Engineer to prepaze plans and specifications for Project 2019-102, 2019 Utility Improvements. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-135 directing the City Engineer to prepare plans and specifications for Project 2019-103, 2019 Micro Surfacing. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-136 directing the City Engineer to prepare plans and specifications for Project 2019-105, 2019 Street Improvements. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No.2018-137 awarding the agreement for Project 2018-154, Apple Valley Community Center and Hayes Park Arena Roofing,to McPhillips Bros. Roofing Company,the lowest responsible bidder, in the amount of$301,689.00. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2018-138 approving the Joint Powers Agreement with Dakota County Drug Task Force. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for Fire Station 1 Digital LED Monument Sign with Schad Tracy Signs, Inc., in the amount of $38,080.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for Liquor Store 3 Digital LED Pylon Sign with Schad Tracy Signs, Inc., in the amount of $58,148.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 5 MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement for City of Apple Valley Residential Fall Clean-Up Day(furniture and remodeling debris collection)with Waste Management, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving Change Order No. 1 to the Agreement with Keys Well Drilling Company,with a deduction of$6,755.00; and accepting Project 2017-188, Well Pumps 8, 12 and Low Zone Pump 3 Maintenance, as complete and authorizing final payment in the amount of $2,315.25. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, setting a special informal meeting at 5:30 p.m., on September 27, 2018, at the Municipal Center, for the purpose of discussing the draft 2019 budget. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated September 13, 2018. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to pay the claims and bills, check registers dated August 15, 2018, in the amount of$1,716,081.99; August 22, 2018, in the amount of$663,621.73, and August 29, 2018, in the amount of$657,898.30. Ayes - S -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to the Apple Valley Chamber of Commerce by Minnesota Alcohol and Gambling Enforcement Division, for use on September 28, 2018, at Kelley Park, as described in the City Clerk's memo, and approving the requested street closures for the event. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA Police Chief Rechtzigel commented on community involvement and how residents can help the Police Department. CERTIFICATE OF RECOGNITION TO TREVOR NICKISCH Police Captain Francis summarized the contributions of Mr. Trevor Nickisch in the apprehension of a robbery suspect and recovery of stolen property. He then presented Mr.Nickisch with a Certificate of Recognition. CERTIFICATE OF RECOGNITION TO BETTY BROWN Police Captain Bermel summarized the contributions of Ms. Betty Brown in with the apprehension of a robbery suspect and recovering stolen property. He then presented Ms. Brown with a Certificate of Recognition. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 6 The City Council thanked Mr.Nickisch and Ms. Brown for their actions. McCORMICK COMPUTER RESALE Ms. Bodmer reviewed the request by R.J. Ryan Construction and McCormick Computer Resale for two variances to allow delivery dock doors on the north building elevation facing Energy Way, a building setback variance from the right-of-way for the side of the building, and a site plan review/building permit to construct a 23,700 sq. ft. office and warehouse addition at 14925 Energy Way. On September 5, 2018,the Planning Commission voted unanimously to approve the project. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2018-139 approving a variance from Section 155.234(B)to allow construction of new loading docks on the north side of the proposed expansion facing Energy Way and a variance from Section 155.354(2) for a 22-foot building setback variance (100 ft. to 78 ft.) from the public right-of-way for the side of the building with the loading docks on Lot 1, Block 1, Enderes Addition(14925 Energy Way), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2018-140 approving a 20-foot building setback variance (50 ft. to 30 ft.) from CSAH 42 to allow construction of a 23,700 sq. ft. addition on Lot l, Block 1, Enderes Addition(14925 Energy Way),with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2018-141 approving the site plan and authorizing issuance of a building permit for construction of a 23,700 sq. ft. addition on Lot 1, Block l, Enderes Addition (14925 Energy Way),with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. Discussion followed. Mr. Jeff McCormick thanked the City Council and said they are very excited about the expansion. PROPOSED 2019 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the proposed 2019 budget and tax levy. He reviewed the budget timeline. Staff recommends the Council set the public budget meeting, formerly called the Truth-in-Taxation hearing, for Llecember 13, 2018, which is a regularly scheduled Council meeting. He reviewed the budget considerations and significant impacts for 2019. The 2019 proposed budget requires a total levy of$26,350,000, an increase of$557,000 or 2.16%from CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 7 2018. He pointed out that once the preliminary budget is adopted,the total levy amount may decrease, but not increase. Discussion followed. Mayor Hamann-Roland reminded everyone that Apple Valley property owners do not receive special assessments for street maintenance projects. Discussion continued. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-142 approving the proposed 2019 budgets, with total revenue of$75,392,852 and expenditures of$88,108,520, and approving the proposed tax levy collectible in 2019 of$26,350,000. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded Bergman, setting a public budget meeting on the proposed 2019 budgets and tax levy at 7:00 p.m. on December 13, 2018. Ayes - 5 -Nays - 0. TRUTH-IN-TAXATION INSERT Mr. Hedberg introduced this item. MOTION: of Hooppaw, seconded by Goodwin, approving the Truth-in-Taxation notice as attached to the Finance Director's memo. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell commented on the well-attended Le Tour de Apple Valley community bike ride held last Saturday and thanked those involved; congratulated Building Maintenance Supervisor Dean Jacobson on his retirement and thanked him for his service; and invited the public to Oktoberfest on September 28, 2018, from 4:00 p.m. to 9:00 p.m. in Kelley Park. Mr. Grawe announced Fall Clean-up Day will be September 29, 2018, from 8:00 a.m. to 1:00 p.m. at the Aquatic Center parking lot. Mayor Hamann-Roland invited everyone to MacPhail's Grand Opening on September 16, 2018, from 2:00 p.m. to 4:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, 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 Hooppaw,to adjourn. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 13, 2018 Page 8 The meeting was adjourned at 7:48 o'clock p.m. Respectfully Submitted, � Pamela J. G c st r, City Clerk Approved by the Apple Valley City Council , on °I-2'1-l S M H lan , Mayor