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Home My WebLink About06/28/2018 CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2018 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 28, 2018, 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, Police Captain Bermel, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Recreation Manager Muelken, Community Development Director Nordquist, Police Chief Rechtzigel, Acting Fire Chief Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. 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 Bergman, 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 Bergman, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of June 14, 2018, as written. Ayes - 4 -Nays- 0 - Abstain- 1 (Grendahl). MOTION: of Bergman, seconded by Hooppaw, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to Augustana Care Apple Valley Villa, by Minnesota Alcohol and Gambling Enforcement Division, for use on CITY OF APPLE VALLEY . Dakota County, Minnesota June 28, 2018 Page 2 August 9, 2018, in Fireside Dining Room(Sth Floor), 14610 Garrett Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to H.O.O.A.H. (Helping Out Our American Heroes), by Minnesota Alcohol and Gambling Enforcement Division, for use on July 28, 2018, from 3:00 p.m. to midnight, in north parking lot, at Bogarts/Apple Place Bowl, 14917 Garrett Avenue, as described in the City Clerk's memo. Ayes - 5,-Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-84 designating as additional depositories for City funds for the year 2018: Wells Fargo Securities, LLC; Wells Fargo Bank,NA;Northland Securities, Inc.; RBC Capital Markets Corporation; Robert W. Baird& Co., Inc.; Stifel Nicolaus & Co., Inc.; Moreton Capital Markets, LLC; U.S. Bank; U.S. Bankcorp Investments; First Resource Bank(formerly Eagle Valley Bank,N.A.); Think Mutual Bank; BMO Harris Bank N.A.; Old National Bankcorp (formerly Anchar Bank). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-85 approving support for 2018 Regional Solicitation Grant Application. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-86 approving the City's 2018-2022 Capital Improvements Program(CIP). Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-87 amending the 2018 Fee Schedule. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, receiving the Telecommunications Advisory Committee's 2017 annual report. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-88 appointing individuals listed in the resolution to serve as judges for the Primary Election to be held on August 14, 2018, in the City. Ayes - 5 -Nays- 0. MOTION: of Bergman, seconded by Hooppaw, authorizing staff to send the U.S. Census Bureau an Apple Valley commitment letter to establish a Complete Count Committee. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, directing the Urban Affairs Advisory Committee to be the designated the 2020 Census Complete Count Committee. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-89 accepting reimbursement from and authorizing release of all claims against Nelson Auto CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2018 Page 3 Center for City Police Department vehicle repair and maintenance service contract. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving release of financial guarantees for Legacy of Apple Valley Sixth Addition and Apple Valley East Commercial, as listed in the Community Development Department Assistant's memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-90 amending Conditional Use Permit No. 1992-278 for major anchor signs on Lots 1 and 2, Block 1, Apple Valley Square Sth Addition(15125 Cedar Avenue and 7552-638 150th Street W.), with conditions as re6ommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adnpting Resolution No.2018-91 completing vacation of all drainage and utility easements on Lot l, Block 9, and Lots 1 and 2, Block 10, Legacy of Apple Valley North, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-92 approving the final plat, Development Agreement, and associated agreements for Nuvelo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman seconded by Hooppaw, adopting Resolution No. 2018-93 approving the Planned Development Agreement with Bigos-Nuvelo, LLC, for Nuvelo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-94 approving the correction or recombination final plat for Lebanon Cemetery, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Water Quality Improvement Cost Share Program Agreement with Allen F. Tuff and Pamela Jo Krause for raingarden at 14255 Fossil Lane, in an amount not to exceed$500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Agreement for Project 2018- 141, Backstop Fabric Replacement Fields#6 &#7 at Johnny Cake Ridge Park West, with Midwest Fence &Mfg. Co., in the amount of$12,357.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Municipal Center Security Camera System, as complete and authorizing final payment on the agreement with Pro- Tec Design, Inc. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2018 Page 4 MOTION: of Bergman, seconded by Hooppaw, accepting Project 2017-137, Central Maintenance Facility(CMF) and Police Department Air Handling Unit Upgrades„ as complete and authorizing final payment on the agreement with Grendahl Mechanical, LLC, in the amount of$8,274.25. Ayes - 4 -Nays - 0 - Abstain- 1 (Grendahl). MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated June 28, 2018. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, to pay the claims and bills, check registers dated June 6, 2018, in the amount of$1,772,886.48; and June 14, 2018, in the amount of$1,538,917.73. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION AND OATH OF OFFICE OF FIREFIGHTER HOMME Acting Fire Chief Russell introduced probationary Firefighter Joseph Homme to the Council. The City Clerk administered the oath of office. Firefighter Homme selected his wife to pin his badge. The Council congratulated Firefighter Homme and welcomed him to his new position on the Fire Department. APPLIANCE SMART BUILDING ADDITION Mr. Lovelace reviewed the request by Seventy Three Seventy, LLC, for a conditional permit to allow for a 2,983-square foot Class II restaurant with drive-through window service and a site plan/building permit authorization to allow for construction of a 7,087-square foot addition to an existing 48,960-square foot retail building located at 7370 153rd Street W. The Planning Commission held a public hearing and recommended approval of the Conditional Use Permit and site plan/building authorization subject to conditions. Discussion followed. Mr. Robert Grootwassink,property owner, addressed the Council. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No.2018-95 approving a Conditional Use Permit to a11ow for a 2,983-square foot Class II restaurant with drive-through window service on Lot 2, Block 1, Apple Valley Retail2nd Addition(7370 153rd Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolutions No. 2018-96 approving the site plan and authorizing issuance of a building permit to allow construction of a 7,087-square foot addition to an existing 48,960-square foot retail building located on Lot 2, Block 1,Apple Valley Retail2nd Addition(7370 CITY OF APPLE VALLEY Dakota County, Minnesota June 28, 2018 . Page 5 153rd Street W.), subject to conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. COMMUNICATIONS Ms. Muelken invited everyone to the Freedom Days celebration activities. She noted the"Music in Kelley Park" concert scheduled for tomorrow night has been canceled due to the anticipated heat index. Councilmember Goodwin announced Mary Hamann-Roland received the League of Minnesota Cities' prestigious C.C. Ludwig Award. Mayor Hamann-Roland said she is deeply honored to be given this award. The award will be on display in the Municipal Center lobby for the next several months. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Grendahl, 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 - 5 -Nays - 0. • MOTION: of Grendahl, seconded by Bergman,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:29 o'clock p.m. Respectfully Submitted, P Pamela J. Ga ste , City Clerk Approved by the Apple Valley City Council on 7- 12�-1 S Mary am - and, ayor •