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Home My WebLink About06/23/2016 CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2016 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 23, 2016, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Grendahl, and Hooppaw. ABSENT: Councilmember Goodwin. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Hills, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, and Public Works Director Saam. Mayor Hamann-Roland called the meeting to order at 7:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Hooppaw, seconded by Bergman, removing item 4.F -Adopt Resolution in Support of Dakota County's Community Development Agency's Use of Tax Increment Financing (TIF) Assistance for Valley Bluffs Senior Apartments (Preliminary Platted as Hudson Division), adding item 4.T - Apple Valley Ford Expansion, and approving the agenda for tonight's meeting, as amended. 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. MOTION: of Grendahl, seconded by Bergman, moving consideration of item 4.J -Adopt Resolution Approving Hudson Division Final Plat, Development Agreement, and Planned Development Agreement(Valley Bluffs Senior Apartments)to the regular agenda, and approving all remaining items on the consent agenda. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of June 9, 2016, as written. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2016 Page 2 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2016-111 accepting, with thanks, the donation of$125.00 from Mary Ragitsch, for use by the Parks and Recreation Department. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to App1e Valley Villa Apartments, by Minnesata Alcohol and Gambling Enforcement Division, for use on August 11, 2016, in Fireside Dining Room (Sth Floor), 14610 Garrett Avenue, as described in the City Clerk's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, continuing the public hearing on the issuance of revenue bonds by Public Finance Authority and Plan of Finance for PHS Apple Valley Senior Housing, Inc.,to July 14, 2016. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution 2016-112 for Tax Increment Financing (TIF) Project Area consistent with Special Legislation. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2016-113 setting a public hearing, at 7:00 p.m., on July 14, 2016,to consider vacating a portion of park, sidewalk,trail and drainage and utility easement over and across Outlot G, Cobblestone Lake Commercial3rd Addition. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing temporary parking at Kelley Park for special City-hosted events, as described in the Police Captain's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2016-114 approving the final plat and Development Agreement for Cortland Fifth Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Drainage and Utility Easement Agreement and Non-Exclusive License Agreement for Lot 1, Block 1, Parkside Village Gabella, located at 6904 Gabella Street W., as attached to the Planner's memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2016-115 awarding the agreement for Project 2016-106, 2016 Micro Surfacing, to Asphalt Technologies Corporation, in the amount of$490,258.21. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Water Quality Improvement Cost Share Program Agreement with Jamell Tidwell and Karri Abbott for raingarden and native garden at 188 Garden View Drive, in the amount not to exceed $500.00 per project, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2016 Page 3 MOTION: of Grendahl, seconded by Bergman, approving the Water Quality Improvement Cost Share Program Agreement with Thomas E. Herberg and Ariane G. Herberg for raingarden at 887 Redwood Drive, in an amount not to exceed $500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Water Quality Improvement Cost Share Program Agreement with William Kellum and Patricia Kellum for raingarden at 8581 Holland Avenue, in an amount not to exceed $500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing the purchase of a trailer-mounted crash attenuator,to be utilized by the Public Works Street and Utility Divisions, in the amount of$26,853.00, as described in the Public Works Superintendent- Utilities memo. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 3 and 4 to the agreement with Marco Technologies, LLC, for Mitel Network Phone System, in the amount of an additional $5,640.42. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving hiring the full time,part time and seasonal employees, retirement of employees, and resignation of employees, as listed in the Personnel Report dated June 23, 2016. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman,to pay the claims and bills, check registers dated June l, 2016, in the amount of$465,565.98; and June 8, 2016, in the amount of$985,992.74. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the agreement with Apple Autos Properties, Inc., for private installation of public infrastructure related to Project 2016-159, Apple Valley Ford Third Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, authorizing issuance of a Footing and Foundation Permit with Apple Autos Properties, Inc., for Apple Valley Ford Third Addition as described in the Building Official's memo. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA HUDSON DIVISION (VALLEY BLUFFS SENIOR APARTMENTS� Councilmember Grendahl inquired if there was a deadline that the City must consider in connection with the request for the Hudson Division final plat, Development Agreement, and Planned Development Agreement. City Attorney Hills responded. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2016 Page 4 MOTION: of Grendahl to table approval of the Hudson Division final plat, Development Agreement, and Planned Development Agreement. Motion failed due to lack of a second. Councilmember Hooppaw said there are no changes to what was previously approved and he does not want to hold up the applicant if they wish to proceed without any financial assistance. He noted the items on agenda this evening do not obligate the City. Councilmember Grendahl asked the developer if they would proceed with the project without assistance. Mr. Ron Mehl, Senior Developer with Dominium, responded that it is financially unfeasible to do this development without assistance. Discussion followed. MOTION: of Hooppaw, seconded by Bergman, adopting the resolution approving the final plat and Development Agreement for Hudson Division and planned Development Agreement (Valley Bluffs Senior Apartments), and authorizing the Mayor and City Clerk to sign the same. Discussion continued. Vote was taken on the motion. Ayes - 2 (Hooppaw and Bergman) -Nays - 2 (Hamann-Roland and Grendahl). Mr. Ron Mehl said maybe there is another financing option and added he believes this is a separate issue. Councilmember Bergman invited the applicant to continue to work with staff if necessary. Discussion resumed. TCF BANK AT MOUNT OLIVET ASSEMBLY OF GOD Ms. Bodmer reviewed the request by Mount Olivet Assembly of GodJTCF Bank for approval of a Comprehensive Plan amendment, rezoning, a subdivision by preliminary plat, variances, and a site plan review/building permit authorization to construct a 2,400 sq. ft. bank on the southwest corner of Cedar Avenue and 152nd Street W. On May 4, 2016, the Planning Commission voted unanimously to recommend approval of this project. On May 12, 2016,the City Council authorized submission of the Comprehensive Plan amendment to the Metropolitan Council. The Metropolitan Council has since replied with its approval and the City Council can now take final action. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2016 • Page 5 Mr. Mike Kraft, of Mike Kraft Architects representing TCF Bank, commented on the possibility of public art. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2016-116 approving an amendment to the Land Use Map of the 2030 Comprehensive Guide Plan changing the designation of Lot 2, Block 1, Mount Olivet Second Addition (as preliminary platted) (14201 Cedar Avenue), from"INS" (Institutional)to "C" (Commercial), as recommended by the Planning Commission. Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl,passing Ordinance No. 1011 rezoning Lot 2, Block l, Mount Olivet Second Addition(as preliminary platted), from"P" (Institutional)to "LB" (Limited Business). Ayes - 4 -Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2016-117 approving the preliminary plat of Mount Olivet Second Addition, with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2016-118 � approving a 40 ft. building setback variance from Cedar Avenue, a 5 ft. parking lot setback variance from the south property line, and a variance reducing the number of parking spaces from 16 to 3 to allow construction of a 2,400 sq. ft. bank on Lot 2, Block l, Mount Olivet Second Addition(as preliminary platted), as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2016-119 approving the site plan and authorizing issuance of a building permit for construction of a 2,400 sq. ft. bank with drive-thru on Lot 2, Block 1, Mount Olivet Second Addition(as preliminary platted), with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. COMMUNICATIONS Mr. Lawell congratulated Police Officer Mike Eliason on his retirement. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Hooppaw, 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. CITY OF APPLE VALLEY Dakota County, Minnesota June 23, 2016 Page 6 • The meeting was adjourned at 7:37 o'clock p.m. Respectfully Submitted, Pwm�Go�.c,l2ot�u Pamela J. G st er, City Clerk �.,,, Approved by the Apple Valley City Council 4�� on `7—I a--1�6 M y H ` olan , Mayo � •