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Home My WebLink About11/26/2019 CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 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 present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Public Works Superintendent Blommel Johnson, 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 led by Scouts Maddox Chann, Ethan Chiglo, Finnegan Ernste, Carter Hahn, Gabe Little,Nathan Metzger, and Colten Woodruff, and Den Leader Jessica Hahn, from Pack .298. Councilmember Goodwin joined the meeting at 7:03 p.m. APPROVAL OF AGENDA MOTION: of Grendahl, 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. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Goodwin, approving the minutes of the special meeting of November 14, 2019, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2019 ` Page 2 MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-137 accepting, with thanks, the donation of$250,000.00 from Paul Rosenau for a covered ceremony shelter at Lebanon Cemetery. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the Agreement for a donation towards the construction of a covered ceremony shelter at Lebanon Cemetery with Paul Rosenau, and authorizing the Mayor�and City Clerk to sign the same. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Eastview High School Senior Party, for use on March 1, 2020, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 - � Nays - 0. � MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-138 amending �the 2019 Operating Budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving release of Natural Resources Management Permit financial guarantees for Apple Villa Apartments and Cortland 6th Addition;�as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, proclaiming November 30, 2019, as "Small Business Saturday" and urging the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-139 approving an extension of the site plan and building permit for a self-storage facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. � MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2019-140 directing the preparation of plans and specifications for Project 2020-113, Longridge Reservoir Rehabilitation. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, authorizing the solicitation of quotes for engineering services for Project 2020-113, Longridge Reservoir Rehabilitation. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, accepting Project 2018-117, Fiber Optic Extension to Water Towers, as complete and authorizing final payment on the agreement with Comlink Midwest, LLC, in the amount of$12,348.20. Ayes - 5 - Nays - 0. , I i � CITY OF APPLE VALLEY � Dakota County, Minnesota November 26, 2019 Page 3 MOTION: of Bergman, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated November 26, 2019. Ayes - 5 -Nays - 0. MOTION: , of Bergman, seconded by Goodwin, approving the claims and bills, check registers dated November 6, 2019, in the amount of$691,828.16, and November 13, 2019, in the amount of$793,024.21. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA OPERATOR 1VIERITORIOUS AWARD—ROGER DINGMAN Mr. Saam introduced this item. � American Water Works Association (AWWA)representatives Bert Tracy and Carol Blommel Johnson commented on the achievements of Roger Dingman and then presented him with the Minnesota Section AWWA Operator Meritorious Award for his outstanding service as a water treatment plant operator. The City Council congratulated Mr. Dingman on receiving this prestigious award 2020 ON-SALE LIQUOR AND W1NE LICENSE RENEWALS Ms. Gackstetter reviewed her memo regarding renewal applications for On-Sale Intoxicating Liquor, Club, Concessionaire, Wine, and 3.2 Percent Malt Liquor licenses for 2020. She noted receipt of the affidavit of publication of the hearing notice and stated no comments have been received. Ms. Gackstetter stated that although the On-Sale 3.2 Percent Malt Liquor renewal licenses are included in the public hearing this evening, action on a113.2 Percent Malt Liquor licenses will take place at a later date. Mayor Hamann-Roland called the public hearing to order at 7:15 p.m. to consider renewal applications for On-Sale Intoxicating Liquor, Club; Concessionaire, Wine, and 3.2 Percent Malt Liquor licenses for the year 2020. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:16 p.m. MOTION: of Bergman, seconded by Goodwin, approving renewal, for 2020, of On-Sale Intoxicating Liquor, Club On-Sale Intoxicating Liquor, Concessionaire On-Sale . Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses, subject to receipt of the necessary fees and documents, by adopting Resolutions No. 2019-141 for Apple Minnesota, LLC, d/b/a Applebee's Neighborhood Grill & Bar; No. 2019-142 for Apple Valley Grill, LLC, d/b/a Wild Bill's Sports Saloon; No. 2019-143 for Blazin Wings, Inc., d/b/a Buffalo Wild Wings; No. 2019-144 for CCH, LLC, d/b/a Celts Craft House; No. 2019= 145 for DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House; No. 2019-146 for E1 Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant; No. 2019-147 for LoKo Bowling, Inc., d/b/a Bogart's Entertainment Center; No. 2019-148 for LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill; No. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2019 Page 4 2019-149 for MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar; No. 2019-150 for M, S &R, III, LLC, d/b/a Masu Sushi and Noodle; No. 2019-151 for Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse; No. 2019-152 for PBAV- Sanders, LLC, d/b/a Panino Brothers; No. 2019-153 for Pear One, Inc., d/b/a The Pear at Valleywood; No. 2019-154 for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers &Brews; No. 2019-155 for Vivo Restaurants, LLC, d/b/a Vivo; No. 2019-156 for Wadsworth Old Chicago, Inc., d/b/a Old Chicago; No. 2019-157 for Apple Valley American Legion, Post 1776; No. 2019-158 for Lancer Food Service, Inc., d/b/a Lancer Food Service; No. 2019-159 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2019-160 for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; No. 2019-161 for Ooka Bistro, Inc., d/b/a Ooka; and No. 2019-162 for Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger#1317. Ayes - 5 -Nays - 0. ASPEN DENTAL SIGN VARIANCE Ms. Bodmer reviewed the request by Chandler Signs and Sign Crafters on behalf of Aspen Dental and the property owner, 14750 Cedar, LLC, for a sign variance at 14750 Cedar Avenue. She stated that on November 6, 2019, the Planning Commission failed to recommend approval of the variance to increase the building signs from 40 sq. ft. to 57 sq. ft. Discussion followed. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-163 denying the 17-foot sign variance on Lot 1, Block 2,Apple Valley Commercial Addition (14750 Cedar Avenue), as recommended by the Planning Commission. Discussion continued. Mr. Michael Lawrance, of Sign Crafters, said he is not asking for 17 square feet of additional signage. He believes he is only asking for a total of 40 square feet. He then asked the Council to consider changing the measuring statistic. Councilmember Hooppaw noted the request does not meet the legal requirement for a variance. The Council continued discussion. Vote was taken on the motion: Ayes - 5 -Nays - 0. ORDINANCE AMENDING PEDDLER& SOLICITOR REGULATIONS Ms. Gackstetter gave the first reading of an ordinance amending Chapter 114 of the�City Code regarding peddler and solicitor regulations. The ordinance was prepared by the City Attorney. The Council accepted the first reading. The second reading will be December 12, 2019. CITY OF APPLE VALLEY Dakota County, Minnesota November 26, 2019 -_ Page 5 � COMMUNICATIONS Mayor Hamann-Roland said earlier this evening the Council proclaimed November 30, 2019, as "Small Business Saturday". She thanked Charles Grawe and The RAVE Brass for the beautiful music during the tree lighting ceremony. Mr. Lawell announced the City is still looking for election judges to work in 2020 and encouraged those interested in working to apply. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, 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. CLOSE MEETING, LABOR NEGOTIATIONS Mayor Hamann-Roland requested a motion to close the meeting under the exceptions to the open meeting law to discuss labor negotiations. MOTION: of Goodwin, seconded by Bergman, to enter into a closed meeting and convene in closed session to discuss AFSCME and LELS union labor negotiations. Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 7:48 p.m. In attendance were Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Haas; Parks and Recreation Director Bernstein; Police Captain Francis; Finance Director Hedberg; Police Chief Rechtzigel; and Public Works Director Saam. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:08 p.m. MOTION: of Grendahl, seconded by Hooppaw,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:09 o'clock p.m. Respectfully Submitted, � Pamela J. Ga s ette ity Clerk Approved by the Apple Valley City Council _ ✓�— ' on (2p[2- l°t y H a ola d, Mayor