HomeMy WebLinkAbout10/10/2013 CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2013
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held October 10, 2013, 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, City Engineer Bennett, Parks and Recreation Director Bernstein, Public
Works Superintendent Blommel Johnson, Public Works Director Blomstrom, Associate City
Planner Dykes, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance
Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police
Chief Rechtzigel, and Fire Chief Thompson. �
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 Grendahl, seconded by Bergman, 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 Hooppaw, approving all items on the consent agenda
with no exceptions. Ayes - 5 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Goodwin, seconded by Hooppaw, approving the minutes of the regular meeting
of September 26, 2013, as written. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2013-134 accepting,
with thanks, the donation of$150.00 from Kari L. Storey for a tree in Cobblestone
Lake Park. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2013
Page 2
MOTION: of Goodwin, seconded by Hooppaw, approving a change in manager for The
Noodle Shop Co.-Colorado, Inc., d/b/a Noodles & Company, in connection with
the On-Sale 3.2 Percent Malt Liquor and Wine Licenses at 14879 Florence Trail,
naming Suzanne Rodriguez as General Manager; as described in the City Clerk's
memo dated October 7, 2013. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the manager for Vivo Restaurants,
LLC, d/b/a Vivo, in connection with the On-Sale Intoxicating Liquor License and
Special License for Sunday Liquor Sales at 15435 Founders Lane, naming James
Henry Coppa as Bar Manager; as described in the City Clerk's memo dated
October 7, 2013. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, amending the officers of record for El Azteca
Apple, Inc., d/b/a El Azteca Mexican Restaurant, in connection with the On-Sale
Intoxicating Liquor License and Special License for Sunday Liquor Sales at 6670
150th Street W., Suite 106, removing David Alonso Gil as President and General
Manager, and listing Ruben Leon as the new President and Food Manager; as
described in the City Clerk's memo dated October 7, 2013. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2013-135
designating as additional depositories for City funds for the year 2013: Wells
Fargo Securities, LLC; Wells Fargo Bank,NA; Northland Securities, Inc.; RBC
Capital Markets Corporation; Robert W. Baird & Co., Inc.; Sterne Agee & Leach,
Inc.; US Bank, NA; Think Mutual Bank; and BMO Harris Bank,N.A. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving release of Natural Resources
Management Permit Financial Guarantees for Seasons at Apple Valley Senior
Building-Pathways, Kwik Trip Rebuild, and Cobblestone South Shore 6th
Addition, as listed in the Community Development Department Assistant's and
Public Works Technician's memos dated October 10, 2013. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, declaring certain City property as surplus;
authorizing disposal of surplus and forfeiture vehicles by a public sale; and
approving the Agreement with MDI Auctions, for an online auction conducted
through K-Bid, as attached to the Public Works Supervisor's memo dated October
10, 2013, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, declaring a 1986 CAT Wheel Loader and
2001 Schaeff Superhoe as surplus; authorizing disposal of surplus equipment by a
public sale; and approving the agreement and addendum with MDI Auctions, for an
online auction conducted through K-Bid, as attached to the Public Works
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2013
Page 3
Supervisor's memo dated October 10, 2013, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving the contract for AV Project 2013-
155, 2013 Utility Improvements with Kruger Excavating, Inc., in the amount of
$55,435.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, approving an amendment to the lighting plan
for Apple Valley Ford, 7200 150th Street W., to allow replacement of existing red
light poles with gray light poles in the sales lot, as described in the City Planner's
memo dated October 10, 2013. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, accepting AV Project 2013-145, Modular
Tennis Court Surface, as complete and authorizing final payment on the agreement
with C & C Courts, Inc., d/b/a Sport Court of Minnesota, in the amount of
$106,713.00. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Hooppaw, accepting AV Project 2013-127, 2013
Outdoor Pool Water Management, as complete and authorizing final payment on
the agreement with Hawkins, Inc., in the amount of$77,911.88. Ayes - 5 -Nays -
0.
MOTION: of Goodwin, seconded by Hooppaw, approving hiring the seasonal and part time
employees, promotion of employees, and resignation of employee, as listed in the
Personnel Report dated October 10, 2013. Ayes - 5 -Nays - 0.
END OF CONSENT AGENDA
MINNESOTA LEGACY DESTINATION CITIES AWARD
Mr. Paul Austin, on behalf of Conservation MN and Minnesota Citizens for the Arts, recognized
Apple Valley and its residents for taking advantage of Legacy funds from the Clean Water, Land
and Legacy Amendment to make the City a better place. He then presented a Minnesota Legacy
Destination Cities Award to Mayor Hamann-Roland and Ms. Blommel Johnson.
2013 SPECIAL ASSESSMENT ROLL 620
Mr. Hedberg described Special Assessment Roll 620, originally totaling $142,017.83, for
delinquent utility account charges. To date, approximately 95 of the 573 delinquent accounts have
submitted prepayments. He noted the hearing notice was published according to law and
confirmed receipt of the Affidavit of Publication. No written objections have been received.
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2013
Page 4
Mayor Hamann-Roland called to order the public hearing on Special Assessment Roll No. 620, at
7:09 p.m. She asked for questions or comments from the Council and the audience. There were
none and the hearing was declared closed at 7:10 p.m.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2013-136 approving
and levying 2013 Special Assessment Roll No. 620, for delinquent utility account
charges, in the amount of$142,017.83, minus any prepayments. Ayes - 5 -Nays -
0.
APPLE VALLEY BUSINESS CAMPUS VACATION
Mr. Lovelace reviewed the request by Spowd Development, LLC, for a vacation of a portion of
easements over Outlot A, Apple Valley Business Campus. The petitioner is requesting the
vacation in order to be allowed to place a parking lot unencumbered in the existing easement area.
He noted a vacation of the easement will require a modification to the Easement and Right-of-
Way Agreement granted to Magellan Pipeline Company in 2012.
Mayor Hamann-Roland called the public hearing to order, at 7:13 p.m., to consider vacating a
portion of easements over Outlot A, Apple Valley Business Campus. The Mayor asked for
questions or comments from the Council and the public. There were none and the hearing was
declared closed at 7:14 p.m.
MOTION: of Hooppaw, seconded by Grendahl, approving the Modification of Easement and
Right of Way Agreement with Magellan Pipeline Company, L.P., and Spowd
Developments, LLC, and authorizing the Mayor and City Clerk to sign the same.
Ayes - S -Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2013-137 completing
vacation of a portion of easements over Outlot A, Apple Valley Business Campus,
and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays
- 0.
CORTLAND SECOND ADDITION �
Mr. Lovelace reviewed the staff report for an amendment to the 2030 Comprehensive Plan Land
Use Map, re-designating'Outlot A, Cortland, and Lot l, Block 3, Cortland Second Addition, from
"LD" (Low Density Residential/2-6 units per acre)to "P" (Parks and Open Space); rezoning of
Outlot A, Cortland, and Lot 1, Block 3, Cortland Second Addition, from"R-3" (Single Family
Residential/11,000 sq. ft. minimum lot area)to ""P" (Institutional); and a site plan/building permit
authorization to allow for a Home Owners Association run community pool, 458 sq. ft. pool
house, and 240 sq. ft. mechanical room. The Metropolitan Council approved the Comprehensive
Plan amendment and the City Council can now take final action.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2013-138 approving
an amendment to the Land Use Map of the 2030 Comprehensive Guide Plan
CITY OF APPLE VALLEY
Dakota County, Minnesota
October 10, 2013 � �
Page 5
changing the designation of Outlot A, Cortland, and Lot 1, Block 3, Cortland
Second Addition, from"LD" (Low Density Residential/2-6 units per acre)to "P"
(Parks and Open Space), as recommended by the Planning Commission. Ayes - 5 -
Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw,passing Ordinance No. 950 rezoning Outlot
A, Cortland, and Lot l, Block 3, Cortland Second Addition, from"R-3" (Single
Family Residential/11,000 sq. ft. minimum lot area) to ""P" (Institutional). Ayes -
5 -Nays - 0.
MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2013-139 approving
the site plan and authorizing issuance of a building permit for construction of a
Home Owners Association run swimming pool, pool house, and mechanical room
on Lot 1, Block 3, Cortland Second Addition, with conditions as recommended by
the Planning Commission. Ayes - 5 -Nays - 0.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as
included in the City Clerk's memo dated October 7, 2013, 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 3, 2013, in the amount of$820,980.84; and October 10, 2013, in the
amount of$1,326,196.56. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 -Nays - 0.
The meeting was adjourned at 7:22 o'clock p.m.
Respectfully Submitted,
�q/Yy1.�,�A.
Pamela J. Ga stetter, City Clerk
Approved by the Apple Valley City Council on I 0 .2y • �3 .