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HomeMy WebLinkAbout09/26/2019 �" CITY OF APPLE VALLEY Dakota County, Minnesota � September 26, 2019 � , Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,Minnesota, held September 26, 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 pre'sent were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Recreation Manager Muelken, Community Development Director Nordquist, Police Chief Rechtzigel, 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 Bergman, seconded by Hooppaw, 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 Bergman, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. S CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin;approving the minutes of the regular meeting of September 12, 2019, as written. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a change in manager for D &D of _ Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with the On- Sale 3.2 Percent Malt Liquor and Wine Licenses at 7593 147th Street W., naming CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2019 Page 2 Todd Robert Brier as General Manager; as described in the City Clerk's memo. Ayes - 5 -Nays - 0. � ' MOTION: of Bergman, seconded by Goodwin, approving changes in ownership and managers for LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill, in , connection with the On-Sale Intoxicating Liquor License and Special License for � Sunday Liquor Sales at 7721 147th Street W., naming MMMM Incorporated as � additional owner, Philip Roch Mahowald as General Manager, Sean Robert , Malewicki as Front House Manager, Travis Lin Ward Martinson as Catering & Operations, and Kimberly Kristin Kight as Bar Manager; as described in the City Clerk's memo. Ayes - 5 -Nays - 0. - MOTION: of Bergman, seconded by Goodwin, approving the release of subdivision financial guarantee for Apple Villa(Delegard), as listed in the Community Development . Department Assistant's memo: Ayes - 5 -Nays - 0. l MOTION: of Bergman, seconded by Goodwin, approving wetland delineation for the Apple Valley 2020 Street and"Utility Project, as suminarized in the complete delineation report of June 24, 2019. Ayes - 5 -Nays - 0. � MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-110 directing the preparation of plans and specifications and accepting the feasibility study for Project 2020-101, 2020 Street and Utility Improvements. Ayes - 5 -Nays - 0. MOTION: .of Bergman, seconded by Goodwin;adopting Resolution No. 2019-111 approving plans and specifications for City Hall—Lower Level Buildout; and authorizing advertising for receipt of bids, at 10:00 a.m., on October 15, 2019,via , a posting on the City's website and Quest Construction Data Network. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing submittal of a Water Efficiency Grant application to the Metropolitan Council, in the amount of$50,000, as described in the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Joint Powers Agreement with Dakota County for Water Efficiency Grant administrative services, 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. MOTION: of Bergman, seconded by Goodwin, approving the Police Liaison Services ' Agreement with Independent School District 196, for the 2019-20 school year, ' and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approvirig the Agreement for Project 2019- , 159, Wildwood Park Court Surface Replacement, with Dermco-La Vine � CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2019 � Page 3 Construction, Co., in the amount of$58,600.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Keys Well Drilling Company, in the amount of an additional $3,576.00; and accepting Project 2018-146, 2018 Observation Well Installation, as complete and authorizing final payment in the amount of$2,407.00. Ayes - 5 - Nays - 0. � MOTION: of Bergman, seconded by Goodwin, approving Change Order No. 1 to the agreement with Sewer Services, In�., with a deduction of$340.00; and accepting Project 2019-147, 2019 Sump Catch Basin Cleaning—Residential, as complete and authorizing final payment in the amount of$39,865.00. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the personnel actions as listed in the Personnel�Report dated September 26, 2019. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the claims and bills, check registers dated September 4, 2019, in the amount of$411,666.84; and September 11, 2019, in the amount of$1,844,743.80. Ayes - 5 -Nays - 0. _ END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER DEMO Police Chief Rechtzigel introduced newly hired Police Officer Miranda Demo to the Council. The City Clerk administered the oath of office to Officer Demo. The Police Chief then presented Officer Demo with her badge. The Council congratulated Officer Demo and welcomed her to her � new position. PROCLAIM MINNESOTA ZOO A BUSINESS LEADER Mr. Nordquist provided background on this item and introduced Mr. John Frawley, Director of the Minnesota Zoo. Mr. Nordquist read the proclamation recognizing the Minnesota Zoo as a business leader. He then presented the proclamation to Mr. Frawley. MOTION: of Grendahl, seconded by Hooppaw,proclaiming the Minnesota Zoo a business leader in connection with Apple Valley's 50 Golden Year celebration. Ayes - 5 - Nays - 0. Mr. Frawley thanked the Council for this honor and the great relationship that the Minnesota Zoo has with the City. He t1�en gave a brief presentation regarding the Zoo's 2020 bonding request. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-112 supporting financial assistance for the Minnesota Zoo. Ayes - 5 -Nays - 0. l CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2019 Page 4 PROCLAIM"FIRE PREVENTION WEEK" Fire Chief Russell commented on Fire Prevention Week. The theme for 2019 is "Not every hero wears a cape. Plan and Practice your Escape!". Public open houses will be held, from 6:00 to 9:00 p.m., at Fire Station No. 1 on October 8, at Fire Station No. 2 on October 9, and at Fire Station No. 3 on October 10, and everyone is invited. He then reviewed activities planned at the fire stations. MOTION: of Grendahl, seconded by Bergman, proclaiming October 6 - 12, 2019, as "Fire Prevention Week" in support of the Fire Department's public safety efforts and urging all citizens to install smoke alarms and to plan and practice fire drills; and authorizing activities planned at the fire stations. Ayes - 5 -Nays - 0. APPLE VALLEY GOLF COURSE PROPERTY- COMPREHENSIVE PLAN AMENDMENT � Mr. Lovelace reviewed the request by Joel Watrud, owner of the Apple Valley Golf Course located at 8661 140th Street W.for amendments to the Comprehensive Land Use Map,re- designating .5 acres from"PR" (Private Recreation)to "LD" (Low Density Residential/3-6 units per acre), re-designating 14.5 acres from"PR"to "MD" (Medium Density Residential/6-12 units per acre), and the re-designation of 8 acres from"PR"to "HD" (High Density Residential/12+ units per acre). He also reviewed staffls recommendation to the Planning Corrimission and the � Planning Commission's recommendation to the City Council. He noted the Planning Commission held a public hearing on the request for Comprehensive Plan Land Use Map amendments on June 19, 2019. � , Mr. Dougherty commented on the three resolutions included in the agenda packet. If the City � Council agrees with the Planning Commission's recommended denial of the applicant's request, the City Attorney believes it is in the best interest of the City to have the property designated as something other than private recreation. He noted the applicant has agreed to amend their application to remove the request for high density. The third resolution was revised to reflect the amended application and consent to send it to the Planning Coinmission. It is his opinion this matter should be referred to the Planning Commission. The Planning Commission should hold a public hearing on the revised application and provide a recommendation on the designation of the property. Discussion followed. Councilmember Grendahl said she does not appreciate receiving new information the night of - the Council meeting. � Discussion continued. - Mayor Hamann-Roland clarified that if the matter is sent back to the Planning Commission, there would be a public hearing for additional input and testimony. i CITY OF APPLE VALLEY . Dakota County, Minnesota • September 26, 2019 Page 5 Councilmember Goodwin noted the Planning Commission usually gives the City Council its recommendation, but there was none in this case. Mr. Peter Coyle, of Larkin Hoffman, representing Apple Valley Golf Course and Mr. Watrud, briefly shared the thought process that went into the application. He stated they support the comments and recommendation made by the City Attorney and think it is a practical approach. He noted it is a difficult site to redevelop because there is not a lot of usable real estate for a viable economic use. They will endeavor to cooperate with staff and the Planning Commission, remove the request for high density, and try to bring back an application that meets the approval of all parties that are interested. Ms. Carol Elfstrom, 8580 136th Court, echoed the comments of disappointment at seeing a change at the last minute. They have been watching this item very closely and are very disappointed in how it was handled. She read an excerpt from the August 7, 2019, Planning Commission minutes of comments made by the Planning Commission Chair. Mr. Dougherty explained that the applicant did not see the materials in the packet until Monday. It was upon receipt of the resolutions that conversations started with the applicant's legal counsel regarding the best way for them to proceed. Ms. Kathy Lundin, 13531 Hollins Court, said she feels they have been left out of the loop and some materials have been misrepresented. She felt a decision was made by the Planning Commission and that there is much more attention given to the applicant than to the people who have lived in the neighborhood for 35 years. The Council continued discussion. Councilmember Bergman pointed out low density does not mean single-family homes, it could ' include townhomes. Mayor Hamann-Roland complimented the Planning Commission for doing a terrific job and for reviewing all the details necessary to make good decisions regarding land use planning. MOTION:: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-113 directing the Planning Commission to review and recommend an amendment to the Apple Valley Comprehensive Plan for property located at 8661 140th Street W., including a public hearing by the Planning Commission and notification of the public hearing to property'owners within 350 feet. Ayes - 4 -Nays - 0 -Abstain- 1 (Grendahl). MASSAGE THERAPY BUSINESS AND MASSAGE THERAPIST FINDINGS &DECISION �` Ms. Gackstetter introduced this item and provided a brief summary regarding the revocation hearing held on July 10, 2019, for the Massage Therapy Business license held by Impression CITY OF APPLE VALLEY Dakota County, Minnesota September 26, 2019 Page 6 Spa, LLC, and the Massage Therapist license held by Yuanling Lan. Ms. Lan was the sole owner of Impression Spa. - MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-114 regarding the Hearing Officer's recommended Findings and Decision relative to Impression Spa, LLC, and Yuanling Lan. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Grawe reminded everyone Fall Clean-up Day will be September 28, 2019, from 8:00 a.m. to 1:00 p.m. at the Aquatic Center parking lot. Mr. Lawell congratulated Police Detective Sean McKnight on his retirement. The Council thanked Detective McKnight for his service. 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. ADJOURN ; MOTION: of Bergman, seconded Hooppaw,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:35 o'clock p.m. Respectfully Submitted, P �,o��, Pamela J. Ga tet , City Clerk Approved by the Apple Valley City Council on 1 O-1 D- l 9 M y Ha a - oland, Mayor