HomeMy WebLinkAbout10/27/2011 CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 20ll
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 27, 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 Warks Director Blomstrom, Associate City Planner Bodmer,
Assistant City Administrator Grawe, Finance Director Hedberg, Parks and Recreation Director
Johnson, Police Chief Johnson, City Planner Lovelace, Police Captain Marben, Community
Development Director Nordquist, and Police Captain Rechtzigel.
Mayor Hamann-Roland called the meeting to order at 8:00 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. 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 Bergman, approving all items on the consent agenda with
no exceptions. Ayes - 5- Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting
of October 13, 2011, as written. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the
American Legion, Squadron 1776, for use on February 11, 2012, at the Apple
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 2011
Page 2
Valley American Legion, 14521 Granada Drive, and waiving any waiting period
for State approval. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the
American Legion, Squadron 1776, for use on April 14, 2012, at the Apple Valley
American Legion, 14521 Granada Drive, and waiving any waiting period for State
approval. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board, to Apple Valley Sons of the
American Legion, Squadron 1776, for use on July 4, 2012, at the Apple Valley
American Legion, 14521 Granada Drive, and waiving any waiting period for State
approval. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving a change in manager for Applebee
Minnesota, LLC, d/b/a Applebee's Neighborhood Grill and Bar, in connection with
the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor
Sales at 14678 Cedar Avenue, naming Richard James Linton as General Manager;
as described in the City Clerk's memo dated October 24, 2011. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving a change in manager for Hiraku
' Japanese Restaurant, Inc., d/b/a Kami Japanese Restaurant, in connection with the
On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales
at 15322 Galaxie Avenue, naming Tracy Thuy Tran as General Manager; as
described in the City Clerk's memo dated October 24, 2011. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-160 setting a
public hearing, at 8:00 p.m., on November 22, 2011, on the application for On-Sale
Intoxicating Liquor License and Special License for Sunday Liquor Sales by GSTL
Investments, LLC, d/b/a Valley Tap House. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-161 setting a
public hearing, at 8:00 p.m., on November 22, 2011, on renewal applications for
On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2012.
Ayes - 5 - Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-162 approving
issuance of a Gambling Premises Permit to Eastview Hockey Association for the
premises at Valley Tap House, 14889 Florence Trail, and waiving any waiting
period for Minnesota Gambling Control Board approval of the permit. Ayes - 5-
Nays - 0.
MOTION: of Goodwin, seconded by Bergman, declaring certain City vehicles as surplus;
authorizing the disposal of forfeiture and surplus vehicles by a public sale from
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 2011
Page 3
October 28, 2011, through November 8, 2011; and approving the Agreement with
MDI Auctions, for an online auction conducted through K-Bid, and authorizing the
Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Truth-in-Taxation notice, as
attached to the Finance Director's memo dated October 21, 2011, and authorizing
black and white printing. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-163 approving
submission of the Apple Valley, Burnsville, and Eagan 2012 Funding Application
to Dakota County, in the amount of $160,462.00, to operate a joint Recycling
Program, and authorizing the execution of the necessary documents. Ayes - 5-
Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-164
commenting on the draft 2012-2016 Capital Improvement Program for Dakota
County. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-165 approving
a 6-foot variance from the 30-foot front yard setback on Lot 8, Block 1,
Cobblestone I(8531 136th Court) to allow construction of a garage addition, with
conditions as recommended by the Planning Commission. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Community Development Block
Grant (CDBG) Subrecipient Grant Agreement for Fiscal Years 2010-2013, as
attached to City Planner's memo dated October 24, 2011, and authorizing the City
Administrator to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-166 approving
the Settlement Agreement and Release Documents for ponding easements, on Lot
16, White Oak Ridge Addition, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the First Amendment to
Professional Services Agreement with Midwest Electricaf Technologies for
Inspeetion of Electrical Installations, and authorizing the Mayor and City Clerk to
sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the 2012 Blue Thumb Partners'
Agreement with Rice Creek Watershed District (RCWD) for membership renewal,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Design Agreement and
Agreement for Private Installation of Improvements with South Shore
Development, Inc., for AV Project 2011-148, Cobblestone South Shore 6th
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 2011
Page 4
Addition, as attached to the City Engineer's memo dated October 27, 2011, and
authorizing the Mayor and City Clerk to sign the same. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 2 to the contract
with Max Steininger, Inc., for AV Project 2010-134, Galaxie Pond Storm Water
Improvements, in the amount of an additional $29,219.05. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the contract
with Keys Well Drilling Company, with a deduction of $548.50, and accepting AV
Project 2010-133, Well Pumps 8, 12 and LZP1 Maintenance, as complete and
authorizing final payment in the amount of $21,442.88. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, accepting AV Project 2011-109, 2011 Micro
Surfacing, as complete and authorizing final payment on the contract with Astech
Corporation, in the amount of $289,016.13. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving hiring the seasonal employees and
resignation of employee, as listed in the Personnel Report dated October 27, 2011.
Ayes-S-Nays-0.
MOTION: of Goodwin, seconded by Bergman, setting a special City Council meeting at 2:30
p.m., on November 1, 2011, at the Municipal Center, to consider plans and
specifications for Valleywood Clubhouse and to discuss the Pavement Management
Program Special Assessment Policy and 140th/147th Street transit station stop
designs. Ayes - 5- Nays - 0.
END OF CONSENT AGENDA
AUGUSTANTA HEALTH CARE CENTER OF APPLE VALLEY PROJECT
Mr. Hedberg reviewed the request by Augustana Health Care Center of Apple Valley, Inc.,
formerly known as Augustana Home of St. Paul. They are asking the Economic Development
Authority (EDA) to issue Health Care Facilities Revenue Bonds to assist in financing renovations
of their 200-unit skilled nursing facility located at 14650 Garrett Avenue. The revenue bonds are
not an obligation of the City of Apple Valley, the issue does not count against the City's debt limit,
and the City is not responsible for their repayment. The City Council is being asked to hold the
public hearing on behalf of the EDA. No action is required by the Council.
Mayor Hamann-Roland called the public hearing to order at 8:04 p.m. on the issuance of Health
Caxe Revenue Bonds, not to exceed $4,500,000, by the Apple Valley Economic Development
Authority for Augustana Health Care Center of Apple Valley, Inc., Project. The Mayor asked far
questions or comments from the Council and the audience. There were none and the hearing was
declared closed at 8:05 p.m.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 2011
Page 5
LIFEWORKS/APPLE VALLEY PROJECT
Mr. Hedberg reviewed the request by Lifeworks Services, Inc., to issue an Educational Facilities
Revenue Note, Series 2011, in an amount not to exceed $2,300,000, for the Lifeworks - Apple
Valley Project. The project includes the construction of an 18,200 square foot educational facility
in Eagle Ridge Business Park. The revenue note is not an obligation of the City of Apple Valley,
the issue does not count against the City's debt limit, and the City is not responsible for its
repayment. The City Council is being asked to hold the public hearing and adopt a resolution
authorizing issuance of the note.
Mayor Hamann-Roland called the public hearing to order at 8:07 p.m. to consider adopting a
resolution authorizing the issuance of an Educational Facilities Revenue Note, Series 2011, on
behalf of Lifeworks Services, Inc. The Mayor asked for questions or comments from the Council
and the audience. There were none and the hearing was declared closed at 8:08 p.m.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2011-167 approving
issuance and sale of an Educational Facilities Revenue Note, Series 2011, in an
amount not to exceed $2,300,000.00, in connection with Lifeworks — Apple Valley
Project; and authorizing execution of the necessary documents. Ayes - 5- Nays -
0.
COBBLESTONE LAKE SOUTH SHORE 6TH ADDITION
Mr. Lovelace reviewed the request by South Shore Development, LLC, for a subdivision by
preliminary plat of approximately 9.14 acres into 12 residential �ots and one outlot and a site
plan/building permit authorization to allow for construction of one single-family and ten twin-
home dwelling units. The property is located along the north, east, and south side of Cobblestone
Lake Parkway. He updated the Council on the vacation of easements and reviewed the utility plan
and elevation drawings. He stated that on October 19, 2011, the Planning Commission voted
unanimously to recommend approval.
Mayor Hamann-Roland said Cobblestone Lake is a project that is working and it is great to see it
continue to move forward especially in these challenging times.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2011-168 approving
the preliminary plat of Cobblestone Lake South Shore 6th Addition, with
conditions as recommended by the Planning Commission. Ayes - 5- Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2011-169 approving
the site plan and authorizing issuance of a building permit for one single-family
and ten twin-home dwelling units on Lots 1-11, Block l, Cobblestone Lake South
Shore 6th Addition, with conditions as recommended by the Planning Commission.
Ayes - 5 - Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 2011
Page 6
Councilmember Bergman asked how the marketing strategies for the Spirit of Brandtjen Farm and
Cobblestone Lake compare.
Mr. Jacob Fick, of Tradition Development, said both projects are very important and the Enebek
family takes great pride in both sites. He then briefed the Council on the plans for both projects.
MCNAMARA CONTRACTING PROPERTIES — FLAGSTAFF AVENUE
Ms. Bodmer reviewed the request by McNamara Contracting Properties, LLC, and the City of
Apple Valley for a Comprehensive Plan amendment from "LD" (Low Density Residential) to
"IND" (Industrial), rezoning from "SG" (Sand & Gravel) to "I-1" (Limited Industrial), vacation of
various easements, and a preliminary plat and a final plat of McNamara Apple Valley Addition.
The site is comprised of two parcels totaling 10.4 acres and is located at 14325 Flagstaff Avenue.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2011-170 approving
amending the land use guide map of the 2030 Comprehensive Plan for McNamara
Contracting Properties, from "LD" (Low Density Residential) to "IND" (Industrial)
as approved by the Metropolitan Council. Ayes - 5- Nays - 0.
MOTION: of Bergman, seconded by Goodwin, passing Ordinance No. 926 rezoning certain
property from "SG" (Sand & Gravel) to "I-1" (Limited Industrial), as
recommended by the Planning Commission. Ayes - 5- Nays - 0.
MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2011-171
completing the vacation of various easements, and authorizing the City Clerk to
record the necessary documents. Ayes - 5- Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2011-172 approving
the preliminary plat of McNamara Apple Valley Addition, with conditions as
recommended by the Planning Commission. Ayes - 5-. Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2011-173 approving
the final plat of McNamara Apple Valley Addition, and waiving the requirement
for a subdivision agreement. Ayes - 5- Nays - 0.
FLOODPLAIN CONTROL ORDINANCE
Mr. Lovelace gave the first reading of an ordinance amending Chapter 156 of the City Code
regulating flood plain control. In June 2011, the Federal Emergency Management Agency
(FEMA) approved the Flood Insurance Rate Maps (FIRMS) and insurance study which was
completed in 2003. In order to continue in the federal flood insurance program, the City is
required to adopt these maps and make the necessary amendments to the existing ordinance
consistent with the study's findings by December 2, 2011. Due to the short timeframe, staff is
recommending waiving of the second reading. He added that the Planning Commission held a
public hearing on the ordinance amendment on October 19, 2011, and recommended approval.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 27, 20ll
Page 7
MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading
and passing Ordinance No. 927 amending Chapter 156 of the City Code regulating
flood plain control. Ayes - 5- Nays - 0.
STAFF COMMUNICATION
Mr. Blomstrom provided an update on the Cedar Avenue transitway construction project.
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 October 24 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 October 20, 2011, in the amount of $936,883.22; and October 27, 2011, in
the amount of $1,232,687.16. Ayes - 5- Nays - 0.
MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5- Nays - 0.
The meeting was adjourned at 8:48 o'clock p.m.
Respectfully Submitted,
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Pamela J. Gackstetter, City Clerk
Approved by the Apple Valley City Council on I i- 2Z - � 1