HomeMy WebLinkAbout09/22/2011 CITY OF APPLE VALL�Y
Dakota County, Minnesota
September 22, 2011
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held September 22, 2011, at 8:00 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, Public Works Director Blomstrom, Associate City Planner Bodmer,
Associate City Planner Dykes, Assistant City Administrator Grawe, Parks and Recreation Director
Johnson, Police Chief Johnson, City Planner Lovelace, City Engineer Manson, Police Captain
Marben, Community Development Director Nordquist, Human Resources Manager Pearson,
Police Captain Rechtzigel, Fire Chief Thompson, and Golf Manager Zinck.
Mayor Hamann-Roland called the meeting to order at 8:01 p.m. Everyone took part in the Pledge �
of Allegiance to the flag.
APPROVAL OF AGENDA
MOTION: of Bergman, seconded by Goodwin, 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 Goodwin, seconded by Grendahl, approving all items on the consent agenda
with no exceptions. Ayes - 5- Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting
of September 6, 2011, as written. Ayes - 4- Nays - 0- Abstain - 1(Goodwin).
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-137 accepting,
with thanks, the donation of $1,000.00 from Wal-Mart, for use by the Police
Department Bicycle Patrol Program. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 22, 2011
Page 2
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-138 accepting,
with thanks, the donation of two $50.00 Cub Foods gift cards from Cub Foods, for
use by the Police and Fire Departments. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a new 2011 Fuel
Dispensing Facility Permit to Emperor Twyst, Inc., d/b/a Gard�enview Marathon,
213 County Road 42, as described in the City Clerk's memo dated September 19,
2011. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a new 2011 License to
Sell Tobacco and Tobacco Products to Emperor Twyst, Inc., d/b/a Gardenview
Marathon, 213 County Road 42, as described in the City Clerk's memo dated
September 19, 2011. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving issuance of a 2011 Christmas Tree
Sales Lot license to Bill Brabec dlb/a Silver Bell Christmas Tree Farm, for use on
Lot 2, Block 1, East Valley Plaza 3rd Addition (between Upper 141st and 140th
Streets), as described in the City Clerk's memo dated September 19, 2011. Ayes -
5 - Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-139 appointing
Michael Marben to the Traffic Safety Advisory Committee for a term expiring
March 1, 2014. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, authorizing retaining a flat screen digital
monitor for use by the Police Department, as described in the Police Captain's
memo dated September 19, 2011. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Consent to Assignment of Lease
Agreement for office space from Bonestroo, Inc., to Stantec Consulting Services,
Inc., as attached to the City Engineer's memo dated September 22, 2011, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the Water Tower Lease Agreement
with Zayo Bandwith, LLC, for installation of ground equipment on Longridge
water tower site, 8351 160th Street W., as attached to the Public Works
Superintendent's memo dated September 22, 2011, and authorizing the Mayor and
City Cierk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-140 setting a
public hearing on October 27, 201 l, at 8:00 p.m., on the issuance of Health Care
Facilities Revenue Bonds for Augustana Health Care Center of Apple Valley
Project. Ayes - 5- Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 22, 2011
Page 3
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-141 directing
the City Engineer to prepare plans and specifications for AV Project 2011-107,
147th Street Extension from Flagstaff Avenue to Johnny Cake Ridge Road. Ayes -
5-Nays-0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-142 approving
plans and specifications for Valleywood Clubhouse — Bid Package #1, and
authorizing advertising for receipt of bids, at 10:00 a.m., on October 6, 2011. Ayes
-S-Nays-0.
MOTION: of Goodwin, seconded by Grendahl, approving the Joint Powers Agreement with
Dakota County for narrow band outdoor warning sirens, as attached to the Police
Chief's memo dated September 19, 2011, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, accepting Outdoor Pool Water Management as
complete and autharizing final payment on the agreement with Hawkins, Inc., in
the amount of $74,385.00. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-143 approving
the 2012 City contribution towards non-union employee and elected official group
insurances. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving the 2012 Labor Agreement with
AFSCME Council5, Local No. 479, maintenance employees, as attached to the
Human Resources Manager's memo dated September 19, 2011, and authorizing
execution of the necessary documents. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, approving hiring the seasonal and full time
employees and promotion of employee, as listed in the Personnel Report and
Addendum dated September 22, 2011. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, changing the location of the informal City
Council meeting at 6:00 p.m. on October 13, 2011, to the Water Treatment Plant
located at 6442 140th Street W. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, setting a special informal City Council
meeting, at 2:00 p.m., on October 18, 2011, at the Municipal Center. Ayes - 5-
Nays - 0.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-144 setting a
public hearing, at 8:00 p.m., on October 27, 2011, on the issuance of a Revenue
Note for Lifeworks — Apple Valley Project. Ayes - 5- Nays - 0.
END OF CONSENT AGENDA
CITY OF APPLE VALLEY �
Dakota County, Minnesota
September 22, 2011
Page 4
PROCLAIM FIRE PREVENTION WEEK
Fire Chief Thompson said every year the National Fire Protection Association (NFPA) along with
Fire Departments nationwide recognize Fire Prevention Week commemorating the Great Chicago
Fire of 1871. He then reviewed activities the Fire Department will be conducting during the week
of October 9th at elementary schools in the City. The 2011 theme for Fire Prevention Week is
"It's Fire Prevention Week! Protect Your Family from Fire." Public open houses will be held,
from 6:00 to 9;00 p.m., at Fire Station No. 1 on October 1 l, at Fire Station No. 2 on October 12,
and at Fire Station No. 3 on October 13, 2011, and everyone is invited. He then read the
proclamation proclaiming Fire Prevention Week.
MOTION: of Grendahl, seconded by Hooppaw, proclaiming October 9-15, 2011, as "Fire
Prevention Week" in support of the Fire Department's public safety efforts and
urging all citizens to install smoke alarms and carbon monoxide detectors, and to
plan and practice fire drills. Ayes - 5- Nays - 0.
Mayor Hamann-Roland thanked the Fire Department for their efforts in coordinating these events.
CEDAR KNOLLS VACATION
Mr. Lovelace reviewed the request by Cedar Valley Holdings, LLP, to vacate a portion of an
existing utility easement in the Cedar Va11ey apartment complex, located at 7430, 7433, 7445, and
7460 128th Street W. He noted receipt of the affidavit of publication of the hearing notice and
stated no objections have been received.
Mayor Hamann-Roland called the public hearing to order, at 8:14 p.m., to consider vacating a
portion of the easement on Lot 1, Block 16, Cedar Knolls. The Mayor asked for questions or
comments from the Council and the public. There were none and the hearing was declared closed
at 8:15 p.m.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2011-145 completing
the vacation of a portion of the utility easement on Lot 1, Block 16, Cedar Knolls,
and authorizing the City Clerk to record the necessary documents. Ayes - 5- Nays
-0.
MCNAMARA COI�ITRACTING - FLAGSTAFF AVENUE VACATION
� Ms. Bodmer reviewed the request to vacate roadway, drainage, and utility easements on the
McNamara Contracting Properties, LLC, parcels located at 14325 Flagstaff Avenue. Replacement
easements will be dedicated on the new plat. She noted receipt of the affidavit of publication of
the hearing notice. She then reviewed the public comments and indicated how the City will
address Dakota Electric Association's concerns. Ms. Bodmer stated only the hearing is requested
this evening, an action to complete the vacation will be requested at a future meeting.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 22, 2011
Page 5
Councilmember Bergman asked when the City expects to hear back from the Metropolitan
Council on the Comprehensive Plan amendment.
Ms. Bodmer said a response is expected by the end of the month.
Mayor Hamann-Roland called the public hearing to order, at 8:20 p.m., to consider vacating
easements on the McNamara Contracting Properties, LLC, parcels located at 14325 Flagstaff
Avenue. The Mayor asked for questions or comments from the Council and the public. There
were none and the hearing was declared closed at 8:21 p.m.
SPOON RESTAURANT
Ms. Dykes reviewed the request by Spoon restaurant, located at 14871 Granada Avenue, for a site
plan review for an outdoor dining area. There is an existing asphalt pad on the south side of the
restaurant. The applicant would like to convert a portion of the pad into a patio for outdoor
dining. The patio will be 15 ft. by 50 ft., will seat approximately 40 people, and will be
surrounded by a 4 ft. high maintenance-free aluminum fence. On September 7, 2011, the Planning
Commission voted unanimously to recommend approvaL
Councilmember Bergman asked if there is a safety concern with the vehicles coming in and out of
the alley and the proximity of the road to the patio.
Mr. Blomstrom stated the speed in that area is relatively slow and there is only a one-block stretch
between stop signs.
The Council and staff held discussion.
MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2011-146 approving
the site plan for an outdoor patio dining area at Spoon restaurant, on Lot 2, Block
1, Valley Commercial Park lst Addition (14871 Granada Avenue), with conditions
as recommended by the Planning Commission. Ayes - 5- Nays - 0.
Ms. Gackstetter then reviewed the application by Spoon, Inc., cUb/a Spoon, located at 14871 Granada
Avenue, for On-Sale Intoxicating Liquar License and Special License for Sunday Liquor Sales as
described in her memo dated September 19, 2011. She noted receipt of the affidavit of publication of
the hearing notice. The restaurant will seat approximately 152 people indoors and 40 people on the
outside patia She stated the Police Department completed the necessary background investigation
and found no reason the license could not be authorized at this time. The owners have been operating
the restaurant since the first of the year and are currently licensed to sell wine and 3.2 percent malt
liquor. If approved, the license would be effective October 1 through December 31, 2011.
Mayor Hamann-Roland called the public hearing to order at 8:30 p.m. to consider the application of
Spoon, Inc., d/b/a Spoon, for On-Sale Intoxicating Liquor License and Special License for Sunday
Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There
were none and the hearing was declared closed at 8:31 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 22, 2011
Page 6
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-147 approving
issuance of a 2011 On-Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sa1es to Spoon, Inc., d/b/a Spoon, for premises located at 14871
Granada Avenue. Ayes - 5- Nays - 0.
COMMUNICATIONS
Mr. Lawell stated the Paxks and Recreation Department's new on-line registration system is '
working well.
Mr. Blomstrom provided an update on the Cedar Avenue transitway construction project.
Mayor Hamann-Roland thanked Firefighter A1 Olson for chairing the Booya, as well as all the
other volunteers that made it such a successful event.
Mr. Grawe stated Apple Valley's Residential Fall Clean-up Day is Saturday, September 24, 201 l,
from 8:00 a.m. to 1:00 p.m. at the Central Maintenance Facility. On the same day; from 9:00 a.m.
to 2:00 p.m., Dakota County is sponsoring a Household Hazardous Waste Drop-off Day at the
Burnsville Maintenance Facility.
CALENDAR OF UPCOMING EVENTS
MOTION: of Hooppaw, seconded by Grendahl, approving the calendar of upcoming events as
included in the City Clerk's memo dated September 19, 2011, and noting that each
event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5-
Nays - 0.
CLAIMS AND BILLS
MOTION: of Bergman, seconded by Grendahl, to pay the claims and bills, check registers
dated September 7, 2011, in the amount of $1,852,973.55; September 14, 2011, in
the amount of $789,759.33; and September 22, 2011, in the amount of
$995,159.78. Ayes - 5 - Nays - 0.
CLOSED MEETING, PERFORMANCE EVALUATION
Mr. Dougherty reviewed exceptions to the open meeting law and advised the Council that it could
hold a closed session, under the provisions of M.S. 13D05, Subd. 3a, to conduct a performance
evaluation.
MOTION: of Grendahl, seconded by Hooppaw, to enter into a closed meeting and convene in
closed session to conduct a performance evaluation of the City Administrator.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
September 22, 2011
Page 7
The Council convened in the Regent Conference Room at 9:50 p.m. In attendance were Mayor
Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw; and City
Administrator Lawell. The meeting was tape recorded as required by law.
MOTION: of Grendahl, seconded Bergman, to convene in open session. Ayes - 5- Nays - 0.
The Council reconvened in open session at 9:21 p.m.
MOTION: of Goodwin, seconded Hooppaw, to adjourn. Ayes - 5- Nays - 0.
The meeting was adjourned at 9:22 o'clock p.m.
Respectfully Submitted,
. � al�C.�'v0�
Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council on i O- I 3- I l