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Home My WebLink About12/12/2019 l CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held December 12, 2019, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Goodwin, Grendahl, and Hooppaw. ABSENT: Councilmember Bergman. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Liquor Operations Director Heyne, City Planner Lovelace, 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 Abram Gordhamer and Ben Peterson from Troop 9508. APPROVAL OF AGENDA MOTION: of Hooppaw, seconded by Grendahl, approving the agenda for tonight's meeting, as presented. Ayes - 4 -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 Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS � MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of November 26, 2019, as written. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to BV United Soccer Club, for use on June 27, 2020, at Johruiy Cake Activity Center, 14255 Johnny Cake CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Page 2 Ridge Road, and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a change in officer for Smashburger Acquisition Minneapolis, LLC, d/b/a�Smashburger#1317 in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses, at 7394 153rd Street W., Suite 100, naming Carl Joseph Bachmann as President and Tyrone Lewis Lufman as Senior Vice President and General Counsel, as described in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal and issuance of On-Sale 3.2 Percent Malt Liquor Licenses for 2020, as attached to the City Clerk's memo, subject to receipt of the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving renewal of the licenses to sell Tobacco or Tobacco Products for 2020-2021, as listed in the City Clerk's memo, subject to receipt of the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, setting the 2020 City Council meeting schedule, in accordance with adopted policy on the second and fourth Thursdays of each month unless the following Friday is a holiday, as listed in the City Clerk's memo. Ayes - 4 -Nays - 0. � MOTION: of Goodwin, seconded by Grendahl, setting a special informal City Council meeting, at 8:30 a.m., on March 6, 2020, at Camp Sacajawea Retreat Center, 5121 McAndrews Road, for the purposes of goal setting. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2020 rates for City Attorney Services, as attached to the Assistant City Administrator's memo. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial guarantee for Apple Valley Wasatch from$204,053.00 to $87,984.00, as listed in the Community Development Department Assistant's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, accepting the Central Maintenance Facility , Space Needs Assessment Report, as attached to the Public Works Director's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Asset Sustainability Planning and Software Services with Ameresco, in the amount of $58,975.00 plus annual support of$5,850.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Page 3 MOTION: of Goodwin, seconded by Grendahl, approving the Community Waste Abatement Grant Agreement with Dakota County and the Cities of Apple Valley, Burnsville, Eagan, and Lakeville, d/b/a Dakota Valley Recycling for 2020 funding, as described in the Assistant�City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2020- 111, 2020 Water Treatment Plant Chemicals, with Hawkins, Inc., in the amount of$65,290.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays -,0. � MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2019- 163, Well Pumps 6, 11, 20 and Low Zone Pump 4 Maintenance, with Keys Well Drilling Company, in the amount of$107,645.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for 2020 Cleaning Services with ProAct, Inc., as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2020- 112, 2020 Water Meter Reading Services, with RMR Services, LLC, in the amount of$12,620.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the agreement with Total Mechanical Services, Inc., for Project 2018-156, Apple Valley Sports Arena 2019 Ice System Replacement, in the amount of an additional $39,839.05. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated December 12, 2019. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the claims and bills check registers dated, November 20, 2019, in the amount of$3,339,539.15 and November 27, 2019, in the amount of$734,547.43. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA APPLE VALLEY GOLF COURSE RE-DESIGNATION 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 City's Comprehensive Land Use Map. - The applicant requested .5 acres of the 23-acre golf course be re-designated from"PR" (Private CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Page 4 Recreation)to "LD" (Low Density Residential) and 22.5 acres be re-designated from"PR" (Private Recreation)to "MD" (Medium Density Residential). The Planning Commission held a public hearing on the request on October 16, 2019, and recommended denial of the request at its meeting on November 6, 2019. Mayor Hamann-Roland acknowledged that the City Council must act on the items before them this evening, but it does not preclude future discussion regarding the offer letter from Mr. Coyle. She stated she does not want to see medium density up against single-family homes along the north boundary. She thinks the Low Density Flex Residential solution may help guide the City so there is nothing other than low densiTy adjacent to the single family lots. She said she has a concern with the number of units that can be accommodated on the usable portion of land. She believes the low-density residential properties surrounding the site should abut low-density properties for consistency. She does not believe the medium-density designation is consistent with the character of the surrounding neighborhood and she thinks 10 to 12 units per acre is unreasonable for this site. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-164 affirming the Planning Commission's recommendation of the proposed amendments to the Apple Valley Comprehensive Plan for property located at 8661 140th Street W. Ayes - 4 -Nays - 0. APPLE VALLEY GOLF COURSE 2040 COMPREHENSIVE PLAN AMENDMENT Mr. Lovelace reviewed the request to consider an amendment to the City's proposed 2040 Comprehensive Plan Land Use chapter re-designating the 23 acres of property, located at 8661 140th Street W., from "PR" (Private Recreation) to "LDF" (Low Density Flex Residential). Mayor Hamann-Roland commended the Planning Commission for their exceptional work. She stated she has a concern with the number of units that can be accommodated on the usable portion of land. She believes the low-density residential properties surrouriding the site should abut low-density properties for consistency. She does not believe the medium-density designation is consistent with the character of the surrounding neighborhood and she thinks 10 to 12 units per acre is unreasonable for this site. Earlier today, the Council learned the applicant offered to sell the property to the City of Apple Valley for almost$5 million. She said the Council needs time to process a big decision like that. Councilmember Goodwin also reviewed the work done by the Planning Commission and thanked them for the stellar job they did on an almost impossible mission. Discussion followed. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-165 submitting an amendment to the Land Use Guide Map of the Comprehensive Plan to the Metropolitan Council changing the designation of property located at 8661 � CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Page 5 140th Street W. from"PR" (Private Recreation) to "LDF" (Low Density Flex Residential), as recommended by the Planning Commission. Councilmember Grendahl said she hopes everyone can appreciate there are priorities for - the City's resources. Councilmember Goodwin reminded everyone that in most cases, the City has traditionally gone out for a park bond issue when it wants to acquire land. Vote was taken on the motion: Ayes - 4 -Nays - 0. 2020 CITY BUDGET AND PROPERTY TAX LEVY Mr. Hedberg presented the 2020 proposed budget and tax levy. He reviewed the budget development process, on-going challenges, budget objectives and highlights. All properties in the City received mailed notice of the Truth-in-Taxation meeting and the notice included the proposed property taxes for 2020 based on preliminary budgets and tax levies approved in September. The impact of the property tax levy on the 2020 median valued home of$277,700, that experienced a 7.0% increase in market value, will result in the City's portion of property taxes increasing approximately$55. The General Fund revenues and expenditures are $35,385,705. Mr. Hedberg stated the final property tax levy for 2020 is $27,381,000, which is an increase of 3.91% or $1,031,000 from 2019. He pointed out Apple Valley's budget includes funding for the annual street maintenance program and property owners are not specially assessed for these improvements. Discussiori followed. Mayor Hamann-Roland said the budget is stable,predictable, and sustainable for taxpayers. She then thanked staff for their work. Discussion continued. Mayor Hamann-Roland opened the public comment portion of the budget meeting at 8:08 p.m. She asked for questions or comments from the public. There were none and the public comment portion of the meeting was declared closed at 8:09 p.m. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-166 approving setting the City tax levy collectible in 2020 at$27,381,000 and approving 2020 budgets with total revenue of$78,456,169 and expenditures of $90,712,232. Ayes -4 -Nays - 0, TRANSFER FROM LIQUOR FUND TO GENERAL FUND Mr. Hedberg introduced this item and provided a brief history regarding the transfer of funds from the Liquor Fund to the General Fund. CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Page 6 � MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-167 approving the transfer of$660,000.00 from the Liquor Fund to the General Fund . for 2019. Ayes - 4 -Nays - 0. 2020 FEE SCHEDULE _ Ms. Gackstetter reviewed the proposed Fee Schedule. Fee adjustments are proposed for the cemetery, City fees and materials, consultant and engineering services, building inspections and permits, licenses and permits, subdivision and development fees, utility fees, and zoning. The fees would be effective January 1, 2020. She noted the proposed rates more accurately reflect the City's costs. Some changes were also recommended as a result of increased fees being charged the City and some were increased according to the Engineering News Record cost index. No comments from the public have been received regarding the proposed changes. Mayor Hamann-Roland called the public hearing to order at 8:16 p.m. to consider the Fee Schedule which sets fees and charges for various products and services effective January 1, 2020. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 8:17 p.m. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2019-168 approving the 2020 Fee Schedule, by adjusting certain fees and charges effective January 1, 2020. Ayes - 4 -Nays - 0. ORDINANCE AMENDING PD-1053 REGULATING BUSINESS SIGNAGE 1N ZONE I Mr. Lovelace gave the first reading of an ordinance amending Planned Development No. � 1053/Zone 1 building signage. Menard, Inc., is requesting amendments to Planned Development Ordinance No. 1053 to allow for additional signage for their new Menards building materials store, garden center, and lumberyard located at 6055 150th Street W. MOTION: of Goodwin, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1068 amending Planned Development No. 1053/Zone 1 building signage. Ayes - 4 -Nays - 0. ORDINANCE AMENDING PEDDLER& SOLICITOR REGULATIONS Ms. Gackstetter,gave tfie second reading of an ordinance amending Chapter 114 of the City Code regarding peddler and solicitor regulations. The ordinance was prepared by the City Attorney. No comments from the public have been received since the first reading on November 26, 2019. MOTION: of Hooppaw, seconded by Grendahl, passing Ordinance No. 1069 amending Chapter 114 of the City Code regarding peddler and solicitor regulations. Ayes - � 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota December 12, 2019 Page 7 TELECOMMUNICATIONS ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the resignation of Telecommunications Advisory Committee Member Dale Rodell, creating a vacancy on the Telecommunications Advisory Committee with a term expiring March l, 2020. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by January 17, 2020. An appointment could then be made in February. MOTION: of Grendahl, seconded by Hooppaw, accepting the resignation of Telecommunications Advisory Committee Member Dale Rodell and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Telecommunications Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by January 17, 2020. Ayes -4 -Nays - 0. COMMUNICATIONS Mayor Hamann-Roland noted that the recycling agreement with the Cities of Apple Valley, Burnsville, Eagan, and Lakeville, and Dakota County was approved earlier this evening. Mr. Lawell said the City is still looking for election judges to work in 2020 and encouraged those interested in working to apply. He announced the Apple Valley Transit Station will be reopened in phases, starting next week. More information regarding the opening can be found on the City's website. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, 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 - 4 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 8:30 o'clock p.m. Respectfully SubmYtted, 't'OV'VY�R�A. 0�2+c�UC/VV1�7 Pamela J. Gack t tte , ty Clerk ( Approved by the Apple Valley City Council �!� �� on l2�2 fo-1 q Mar Ham - land, Mayor