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Home My WebLink About07/25/2019 CITY OF APPLE VALLEY Dakota County, Minnesota _ July 25, 2019 � Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 25, 2019, 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, Parks and Recreation Director Bernstein, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Directior Hedberg, City Planner Lovelace, Community Development Director Nordquist, and Fire Chief Russell. 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 Hooppaw, seconded by Grendahl, 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. Ms. Leslie Henschel, 15128 Dunbar Boulevard, commented on visible trash in a dumpster bag and the disrepair of a fence surrounding a pool in her neighborhood. The Mayor directed Mr. Nordquist to work with Ms. Henschel. Ms. Julia Thompson, 13557 Gossamer Way, commented on pickleball and encouraged the City Council to extend the permitted hours of play and to reevaluate the need for the fence barrier. 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 CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Page 2 � MOTION: of Bergman, seconded by Grendahl, approving the minutes of the regular meeting of July 11, 2019, as written. Ayes - 4 -Nays - 0 - Abstain- 1 (Hamann-Roland). MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-85 accepting, with thanks, the donation of$400.00 from AAA The Auto Club Group for the Traffic Safety Advisory Committee and Police Department. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776, for use on August 24, 2019, at the American Legion, 14521 Granada Drive, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving issuance of a new 2019 License to Sell Tobacco and Tobacco Products to Hidalgo Market, Inc., d/b/a Hidalgo Market Bakery, 14851 Granada Avenue, as described in the City Clerk's memo. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-86 directing the City Engineer to prepare plans and specifications for Project 2020-102, Redwood Pond Expansion. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-87 directing • the City Engineer to prepare plans and specifications for Project 2020-106, Erickson Park Storm Water Improvements. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for the Erickson Park a Stormwater Improvement Project, 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 Bergman, seconded by Grendahl, adopting Resolution No. 2019-88 approving the feasibility report for Project 2019-108, 2019-109, and 2019-111, Construction of Public Infrastructure Relating to Proposed Menards at Hanson Concrete Redevelopment. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-89 accepting easements for Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2019-90 awarding the agreement for Project 2019-109, 147th Street and Johnny Cake Ridge Road Intersection Improvements,to Ryan Contracting Company,the lowest responsible bidder, in the amount of$2,590,023.00. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Page 3 MOTION: of Bergman, seconded by Grendahl, approving the Waiver of Objection to Special Assessments with Menards, Inc., for construction of public infrastructure relating to proposed Menards at Hanson Concrete Redevelopment, Project 2019-109, 147th Street and Johiuly Cake Ridge Road Intersection Improvements, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated July 25, 2019. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers dated July 3, 2019, in the amount of$1,641,869.36; and July 10, 2019, in the amount of$2,125,805.63. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA APPEAL OF ZONING ADMINISTRATOR'S RULING FOR 5751 150TH STREET W. Mayor Hamann-Roland introduced this item and noted the comment period for the record is closed. Mr. Dougherty provided a brief history on the appeal by Miller Farms of Lakeville, LLC, of the Zoning Administrator's ruling that a residential use is not a permitted use of property zoned "BP" (Business Park) for property located at 5751 150th Street W. He noted that a hearing was held on the appeal before the Planning Commission, acting as the Board of Appeals & Adjustments, at its meeting of September 19, 2018. Following the hearing, the Board of Appeals &Adjustments issued its decision, in which it denied the appeal and upheld the Zoning Administrator's determination. The Board of Appeals &Adjustments approved its written Recommended Findings of Fact and Decision on October 3, 2018. The City Council initially considered the appeal at its regular meeting on November 15, 2018, and at that time the content of the record was closed. Mayor Hamann-Roland said the record is incredibly comprehensive and staff has done an exceptional job of documenting the work that has been done on this item. She also recognized the Board of Appeals & Adjustments for their work. Mayor Hamann-Roland then referred to multiple items listed in the Recommended Findings of Fact and Decision of the Planning Commission, acting as the Board of Appeals & Adjustments, as some of the reasons she would deny the appeal. Councilmember Goodwin commented on the extensive record and on the Planning Commission's thorough review of this item. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-91, affirming the Board of Appeals & Adjustments Recommended Findings of Fact & Decision relative to property located at 5751 150th Street W. CITY OF APPLE VALLEY Dakota County, Minnesota July 25, 2019 Page 4 Councilmember Grendahl said she read the whole record and agrees with the documented findings, many of which were cited earlier by the Mayor. She expressed her exasperation with the amount of time the various government entities have put into this item. Councilmember Bergman stated he agrees with the comments from the other Councilmembers and also agrees with the Findings of Fact as recommended by the Board of Appeals &Adjustments. Vote was taken on the motion: Ayes - 5 -Nays - 0. ' STAFF ITEMS Mayor Hamann-Roland noted that the Council approved a variety of stormwater improvements on the consent agenda and thanked the City's various partners. Mr. Lawell invited the public to the"Music in Kelley Park" concert series on Friday night from 6:00 p.m. to 9:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Bergman, 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 Goodwin, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:26 o'clock p.m. Respectfully Submitted, Pa�.rrt�a- . o�,c,le�ot��u Pamela J. Ga ett , City Clerk � Approved by the Apple Valley City Council d�� on $' $' ��l y -R and, May r