HomeMy WebLinkAbout11/26/2013 CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held November 26, 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, Parks and Recreation Director Bernstein, Public Works Director Blomstrom,
Planner Dykes, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance
Director Hedberg, City Planner Lovelace, City Engineer Manson, 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 Goodwin, seconded by Grendahl, removing item 4.B -Approve 2013 Fuel
Dispensing Facility Permit for U-Haul Co. of Minnesota d/b/a U-Haul Co. of
Southern Minnesota from the agenda, and approving the agenda for tonight's
meeting, as amended. 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 Hooppaw, seconded by Bergman, approving all items on the consent agenda
with no exceptions. Ayes - 5 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Hooppaw, seconded by Bergman, approving the minutes of the regular meeting
of November 7, 2013, as written. Ayes - S -Nays- 0.
1VIOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2013-153 setting a
public hearing on December 26, 2013, at 7:00 p.m., on the application for On-Sale
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Page 2
Wine and On-Sale 3.2 Percent Malt Liquor Licenses by Smashburger Acquisition
Minneapolis, LLC, d/b/a Smashburger#1317. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving renewal of a Currency Exchange
License by the Minnesota Department of Commerce to Madison Financial
Companies, Inc., d/b/a Money Xchange, for premises at 15465 Cedar Avenue, Ste.
170. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, adopting Resolution No. 2013-154 approving
the City's 2013-2017 Capital Improvements Program (CIP). Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the 2014 admission and rental fees
for the Apple Valley Family Aquatic Center and Redwood Outdoor Pool, as
described in the Recreation Superintendent's memo dated November 20, 2013.
Ayes - S -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the 2014 - 2015 ice rental fees for
the Sports Arena and Hayes Park Arena, as described in the Arena Manager's
memo dated November 22, 2013. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the 2014 fees for Valleywood Golf
Course, and granting Parks and Recreation Director or designee the latitude to
adjust golf course fees for promotions, as described in the Valleywood Golf Course
Manager's memo dated November 22, 2013. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving release of financial guarantees for
Seasons at Apple Valley Senior Building, Cobblestone Lake Commercial LOC
68023479, and Cobblestone Lake Commercial LOC 68023480, as listed in the
Community Development Department Assistant's memo dated November 26,
2013. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the release of NRMP financial
guarantee for Apple Valley Retail, and reduction of NRMP financial guarantee for
Cortland 1st Addition from $37,150.00 to $22,294.00, as listed in the Public Works
Technician's memo dated November 26, 2013. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, authorizing submittal of applications to
Dakota County to acquire tax-forfeited parcels in Central Village West, as attached
to the Finance Director's and Community Development Director's memo dated
November 21, 2013, and authorizing the Mayor and City Clerk to sign the same.
Ayes - S -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the contract for AV Project 2013-
164, Well Pumps 4, 9, and 15 Maintenance, with Keys Well Drilling, in the amount
of$75,145.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Page 3
MOTION: of Hooppaw, seconded by Bergman, approving the contract for AV Project 2013-
165, Sanitary Sewer Lift Station 9 Electrical Service Replacement, with Killmer
Electric Co., in the amount of$18,900.00, and authorizing the Mayor and City
Clerk to sign the same. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving Change Order No. A to the contract
with Crimson Fire dIb/a Spartan ERV, for Fire Engine/Triple Combination Pumper,
in the amount of an additional $594.00, and authorizing the City Administrator to
sign future change orders prior to Council approval. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, accepting AV Project 2013-107, 2013 Micro
Surfacing, as complete and authorizing final payment on the contract with Astech
Corp., Inc., in the amount of$26,153.89. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, accepting AV Project 2013-141, 2013 Hydrant
Reconditioning and Painting, as complete and authorizing final payment on the
contract with Champion Coatings, Inc., in the amount of$19,840.00. Ayes - 5 -
Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, accepting AV Project 2013-132, 2013 Sod
Replacement Services, as complete and authorizing final payment on the contract
with Jirik Sod Farm, Inc., in the amount of$705.60. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, accepting AV Project 2011-105, Flagstaff
Avenue Extension, as complete and authorizing final payment on the contract with
LaTour Construction, Inc., in the amount of$94,065.31. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the 2014-2015 Labor Agreement
with Law Enforcement Labor Services, Inc., (LELS), Local No. 71, Police Officers,
as attached to the Human Resources Manager's memo dated November 22, 2013,
and authorizing execution of the necessary documents. Ayes - 5 -Nays - 0.
MOTION: of Hooppaw, seconded by Bergman, approving the 2014-201 S Labor Agreement
with Law Enforcement Labor Services, Inc., (LELS), Local No. 243, Police
Sergeants, as attached to the Human Resources Manager's memo dated November
22, 2013, and authorizing execution of the necessary documents. Ayes - 5 -Nays -
0.
MOTION: of Hooppaw, seconded by Bergman, approving hiring the seasonal employees, and
resignation of employees, as listed in the Personnel Report dated November 26,
2013. Ayes - 5 -Nays - 0.
END OF CONSENT AGENDA
CITY OF APPLE VALLEY
Dakota County, Minnesota �
November 26, 2013
Page 4
VOYSEY CERTIFICATE OF APPRECIATION
The City Council watched a short video produced by Sean and Daniella Voysey. On behalf of the
City Council, Mayor Hamann-Roland then presented a Certificate of Appreciation to Daniella
Voysey for the wark they did to produce the video showcasing Apple Valley.
TSCHOHL CERTIFICATE OF APPRECIATION
On behalf of the City Council, Mayor Hamann-Roland presented a Certificate of Appreciation to
Bill Tschohl for being an ambassador of the community for many years. Independent School
District 196 Superintendent Jane Berenz and Apple Valley Rotary Club President Dave Kingsbury
also thanked Mr. Tschohl for his service to the community.
PUBLIC HEARING ON ALCOHOLIC BEVERAGE LICENSE FEE AMENDMENT
Ms. Gackstetter provided a brief history and comparisons of alcoholic beverage license fees. She
stated that after extensive review of the City's costs and expenses, staff is recommending increases
to the fees associated with 3.2 Percent Malt Liquor, Consumption and Display of Intoxicating
Liquor, Intoxicating and Concessionaire Liquor, Wine, and investigations/applications. She noted
receipt of the affidavit of publication of the hearing notice and stated no negative comments have
been received. Because the second reading of the ordinance amending the fees will take place at
the City Council meeting of December 12, 2013, she recommended the public hearing be opened
and continued to that meeting, in order to provide the public additional time to provide comments.
The City Council held discussion.
Mayor Hamann-Roland called the public hearing to order at 7:35 p.m. regarding increasing
various alcoholic beverage license fees. The Mayor asked for questions or comments from the
Council and the audience. There were none.
7370, LLC, CUP FOR ON-SALE LIQUOR
Mr. Lovelace reviewed the application by 7370, LLC, for a Conditional Use Permit for the sale of
alcohol in conjunction with a Class I restaurant located at 7370 153rd Street W.
Mayor Hamann-Roland called the public hearing to order at 7:43 p.m. to consider the application by
7370, LLC, for a Conditional Use Permit for the sale of alcohol in conjunction with a Class I
restaurant located at 7370 153rd Street W. The Mayor asked for questions or comments from the
Council and the audience. There were none and the hearing was declared closed at 7:44 p.m.
Councilmember Bergman requested future developments look at the development site as a whole
in order to best assist traffic flow.
MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2013-155 approving
a Conditional Use Permit for the sale of alcohol in conjunction with a Class I
restaurant located on Lot 2, Block 1, Apple Valley Retail Second Addition(7370
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Page 5
153rd Street W.), subject to conditions as recommended by the Planning
Commission. Ayes - 5 -Nays - 0.
FIESTA MEXICAN CUISINE CUP AND ON-SALE LIQUOR LICENSE
Ms. Dykes reviewed the application by MANA Restaurants, LLC, d/b/a Fiesta Mexican Cuisine for a
Conditional Use Permit for the sale of alcohol in conjunction with a Class I restaurant located at
14871 Granada Avenue. She noted the Planning Commission held the public hearing on November 6,
2013, and no comments were received. She added that the Planning Commission voted unanimously
to recommend approval.
MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2013-156 approving
a Conditional Use Permit for the sale of alcohol in conjunction with a Class I
restaurant located on a portion of Lot 2, Block 1, Valley Commercial Park lst
Addition(14871 Granada Avenue), subject to conditions as recommended by the
Planning Commission. Ayes - 5 -Nays - 0.
Ms. Gackstetter reviewed the application by MANA Restaurants, LLC, d/b/a FiestaMexican Cuisine
for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her
memo dated November 22, 2013. She noted receipt of the affidavit of publication of the hearing
notice and stated no comments have been received to date. The restaurant is located at 14871 Granada
Avenue. She stated the Police and Fire Departments completed the necessary background and site
investigations and found no reason the license could not be authorized at this time. Ms. Gackstetter
noted that due to the timing of the application, the resolution approves licenses for both 2013 and
2414.
Mayor Hamann-Roland called the public hearing to order at 7:49 p:m. to consider the application by
MANA Restaurants, LLC, d/b/a Fiesta Mexican Cuisine, for On-Sale Intoxicating Liquor 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 7:50 p.m.
MOTION: of Bergman, seconded by Goodwin, approving closing the public hearing on the
application for an On-Sale Intoxicating Liquor License and Special License for
Sunday Liquor Sales to MANA Restaurants, LLC, d/b/a Fiesta Mexican Cuisine.
Ayes - 5 -Nays - 0.
Mr. Jorge Montano, owner, addressed the Council and invited the public to dine at his restaurant.
Discussion followed.
MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2013-157 approving
issuance of a 2013 and 2014 On-Sale Intoxicating Liquor License and Special
License for Sunday Liquor Sales to MANA Restaurants, LLC, d/b/a Fiesta
Mexican Cuisine, for premises located at 14871 Granada Avenue. Ayes - 5 -Nays
- 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Page 6
2014 ON-SALE LIQUOR AND WINE LICENSE RENEWALS
Ms. Gackstetter reviewed her memo regarding renewal applications for On-Sale Intoxicating
Liquor, Club, Concessionaire, Special License for Sunday Liquor Sales, Wine, and 3.2 Percent
Malt Liquor licenses for 2014. She noted receipt of the affidavit of publication of the hearing
notice and stated no comments have been received to date.
Mayor Hamann-Roland called the public hearing to order at 7:57 p.m. to consider renewal
applications for On-Sale Intoxicating Liquor, Club, Concessionaire, Special License for Sunday
Liquor Sales, Wine, and 3.2 Percent Malt Liquor licenses for the year 2014. The Mayor asked for
questions or comments from the Council and the audience. There were none and the hearing was
declared closed at 7:58 p.m.
MOTION: of Bergman, seconded by Grendahl, approving renewal, for 2014, of On-Sale
Intoxicating Liquor, On-Sale Club Intoxicating Liquor, On-Sale Concessionaire
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. 2013-158 for Apple Minnesota, LLC, d/b/a Applebee's
Neighborhood Grill & Bar; No. 2013-159 for Apple Valley Grill, LLC, d/b/a Wild
Bill's Sports Saloon; No. 2013-160 for Blazin Wings, Inc., dJb/a Buffalo Wild
Wings Grill & Bar; No. 2013-161 for E1 Azteca Apple, Inc., d/b/a El Azteca
Mexican Restaurant; No. 2013-162 for El Toro of Apple Valley, Inc., d/b/a El Loro
Mexican Grill; No. 2013-163 for GSTL Investments, LLC, d/b/a Valley Tap
House; No. 2013-164 for H.O.C., Inc., d/b/a Rascals Apple Valley Bar& Grill; No.
2013-165 for Hiraku Japanese Restaurant, Inc., d/b/a Kami Japanese Steakhouse;
No. 2013-166 for Osaka AV Inc., d/b/a Osaka Seafood Steakhouse; No. 2013-167
for Red Robin International, Inc., d/b/a Red Robin America's Gourmet Burgers &
Spirits; No. 2013-168 for Rich Management, Inc., d/b/a Bogart's/Apple Place
Bowl; No. 2013-169 for RT Minneapolis Franchise, LLC, d/b/a Ruby Tuesday; No.
2013-170 for UASanders, LLC, d/b/a Panino Brothers; No. 2013-171 for Vivo
Restaurants, LLC, cUb/a Vivo; No. 2013-172 for Wadsworth Old Chicago, Inc.,
d/b/a Old Chicago; No. 2013-173 for Apple Valley American Legion, Post 1776;
No. 2013-174 for Lancer Food Service, Inc., d/b/a Lancer Food Service; No. 2013-
175 for Chipotle Mexican Grill of Colorado, LLC, dJb/a Chipotle Mexican Grill;
No. 2013-176 for D & D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; and
No. 2013-177 for The Noodle Shop, Co. - Colorado, Inc., d/b/a Noodles &
Company. Ayes - 5 -Nays - 0.
ORDINANCE AMENDING ALCOHOLIC BEVERAGE INVESTIGATION FEES
Ms. Gackstetter gave the first reading of an ordinance amending Chapter 111 of the City Code
regulating alcoholic beverage investigation fees. The proposed ordinance authorizes the City to
charge Clubs a fee for additional investigations, similar to all other licensees. The ordinance was
prepared by the City Attorney's office. The second reading is scheduled for December 12, 2013.
The City Council accepted the first reading.
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Page 7
ORDINANCE AMENDING FEES CONTAINED 1N CITY CODE
Ms. Gackstetter gave the first reading of an ordinance amending the Fee Schedule Appendix of
Title III of the City Code. 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,
2014. 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 Consumer Price Index for Mpls./St. Paul and the Engineering News Record cost
index. The second reading is scheduled for December 12, 2013.
The City Council accepted the first reading.
ORDINANCE SETTING MAYOR AND COUNCILMEMBERS SALARIES
Mr. Lawell gave the first reading of an ordinance increasing the salaries of the Mayor and
Councilmembers for 2015 and 2016. The proposed ordinance would incxease the salaries by 2.5
percent in both 2015 and 2016. He presented data from the League of Minnesota Cities
comparing the compensation of elected officials in comparable cities. Both the Mayor's and
Councilmembers' salaries are below average compared to the surveyed cities.
MOTION: of Grendahl, seconded by Goodwin, waiving the provision for a second reading and
passing Ordinance No. 953 amending City Code Section 30.05 by setting the
salary of the mayor at$958.00 per month and the salary of each councilmember at
$686.00 per month effective January 1, 2015; and setting the salary of the mayor at
$982.00 per month and the salary of each councilmember at $703.00 per month
effective January 1, 2016.
The City Council held discussion.
Vote was taken on the motion. Ayes - 5 -Nays - 0.
PARKS AND RECREATION ADVISORY COMMITTEE VACANCY
Ms. Gackstetter reviewed her memo, dated November 22, 2013, regarding the resignation of Parks
and Recreation Advisory Committee Member Darrell Retka, creating a vacancy on the Committee
with a term expiring March 1, 2015. 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
December 31, 2013. An appointment could then be made in January.
MOTION: of Bergman, seconded by Hooppaw, accepting the resignation of Parks and
Recreation Advisory Committee Member Darrell Retka and thanking him for his
dedicated service to the City of Apple Valley, directing staff to post the Parks and
Recreation Advisory Committee vacancy, and inviting individuals interested in
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 26, 2013
Page 8
serving on the Committee to submit an application to the City Clerk by
December 31, 2013. Ayes - 5 -Nays - 0.
COMMUNICATIONS
Fire Chief Thompson reminded everyone to stay off thin ice.
Mayor Hamann-Roland wished everyone a Happy Thanksgiving.
Councilmember Bergman noted Firefighter David Kennedy and Police Captain Mike Marben are
resigning from their positions and thanked them for their public service.
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 November 26, 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 November 14 2013, in the amount of$695,959.08,November 21, 2013, in
the amount of$865,400.99, and November 26, 2013, in the amount of
$1,739,299.09. Ayes - 5 -Nays - 0.
MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 5 -Nays - 0.
The meeting was adjourned at 8:16 o'clock p.m.
Respectfully Submitted,
P (�O�C1�A`(��
Pamela J. Ga stetter, City Clerk
Approved by the Apple Valley City Council on I 2•t2• 13