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Home My WebLink About11/15/2018 CITY OF APPLE VALLEY Dakota County, Minnesota November 15,2018 Minutes of the regular meeting of the City Council of Apple Valley,Dakota County, Minnesota, held November 15, 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 Admiiiistrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Bernstein, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist,Police Chief Rechtzigel, Acting Fire Chief Russell, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Liquor Operations Manager Swanson. 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 Hooppaw,moving consideration of item 4.L -Reliable Mini Warehouses of Apple Valley,to the regular 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 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 October 25, 2018, as written. Ayes - 5 -Nays - 0. �� CITY OF APPLE VALLEY Dakota County,Minnesota November 15,2018 Page 2 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No.2018-163 accepting,with thanks,the donation of$500.00 from Target Corporation for use by the Police Department. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving issuance of lawful gambling exempt permits,by the State Gambling Control Board,to Apple Va11ey American Legion Auxiliary,Unit 1776, for use on December 1, 2018, January 12, 2019, Mazch 9, 2019, and May 4, 2019, at the Apple Valley American Legion; 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, authorizing submittal of the Source Water Protection Competitive Grant Application to Minnesota Department of Health, and authorizing Public Works Superintendent Blommel Johnson to sign the same. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-164 approving submission of the 2019 Joint Landfill Abatement Funding Application to Dakota County, in the amount of$247,416.00, to operate a joint Recycling Program, and authorizing the execution of the necessary documents, and further authorizing the Mayor to sign a letter supporting funding. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving a permit for use of an animal not meeting the definition of a household pet(reindeer) for a Special Outdoor Promotion event on December 6,2018,by Lifeworks, 14655 Evendale Way. Ayes - S -Nays - 0. MOTION: of Bergman, seconded by Hooppaw,proclaiming November 24,2018, as "Small Business Saturday" in Apple Valley and urging the residents of our community, and communities across the country,to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes - 5 -Nays- 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No.2018-165, setting a public hearing at 7:00 p.m. on November 29, 2018, for the purchase and policy of a body-worn camera system; authorizing the City Clerk to post the draft policy on the City's website; and inviting the public to submit comments concerning the policy electronically, by mail, or by attendance at the public hearing. Ayes - 5 - Nays- 0. MOTION: of Bergman, seconded by Hooppaw, approving the 2019 fees for Redwood Pool, Apple Valley Family Aquatic Center, Sports Arena and Hayes Arena, and Valleywood Golf Course, as presented, and grant the Parks and Recreation ' Director or designee the latitude to adjust fees for promotions, as described in the Parks and Recreation Director's memo. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY . Dakota County, Minnesota November 15,201 S ��, Page 3 MOTION: of Bergman, seconded by Hooppaw, approving release of various Natural Resources Management Permit financial guarantees for Embry Place 2nd Addition, Embry Place 3rd Addition, Cortland 4th Addition, Cortland Sth Addition, as listed in the Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the Lease Extension for Time Square Shopping Center II, LLP, for Apple Valley Liquor Store#1, as attached to the City Administrator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. , MOTION: of Bergman, seconded by Hooppaw, approving the License Agreement for the encroachment of a shed and retaining wall on Lot 26, Block 8, Longridge Second Addition(8150 159th Street Ct.), as attached to the Public Works Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving State of Minnesota Grant Agreement with Minnesota Department of Natural Resources for managing emerald ash borer, in an amount of$28,000.00, as attached to the Natural Resources Coordinator's memo, and authorizing the Mayor and City Clerk to sign � � the same. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the First Amendment to the Joint Powers Agreement with Dakota County for Project 2017-112, Dakota County 38- 52 CSAH 31 to TH 3, 2-Lane to 3-Lane, as attached to the Public Works Director's memo,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 Nupur Argarwal and Sourav Kundu for native garden at 14191 Ensley Court, 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 with Rinkside Advertising Network, LLC,for one-year lease of advertising space within Hayes Park Arena, in the amount of$400.00, 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- 146, Observation Well Installation, with Keys Well Drilling Company, in the amount of$44,564.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 15,2018 Page 4 MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 2 to the agreement with Ameresco, Inc., for Energy Savings Performance Contact, in the amount of an additional $12,568.61. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2018-166 amending the 2018 Employee Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated November 15, 2018. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the claims and bills, check registers dated October 17, 2018, in the amount of$921,725.06, and October 24, 2018, in the amount of$2,234,738.26. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA CANVASS OF ELECTION RETURNS Ms. Gackstetter reviewed_the results of the General Election held on November 6, 2018. A total of 27,170 ballots were cast, which represents a 76.4 percent voter turnout. Approximately 28.6 percent voted absentee and 1,942 people registered on Election Day. She thanked the judges and -- City staff for all their help. , Mayor Hamann-Roland asked Ms. Gackstetter about the Post-Election Review. Ms. Gackstetter stated Dakota County selected Apple Valley Precinct 11 for the Post-Election Review which will be held on Monday. Discussion followed. The Council suggested the City Administrator contact the County regarding how the selections are made. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2018-167 canvassing the returns of the November 6, 2018, City General Election and declaring that Mary Hamann-Roland was elected Mayor for a four-year term commencing January 7, 2019; and John Bergman and Clint Hooppaw were elected Councilmembers for four-year terms, each, commencing January 7, 2019. Ayes - S -Nays - 0. APPEAL OF ZONING ADMINISTRATOR'S RULING Mayor Hamann-Roland provided background on this item stating that a hearing on the Miller Farms' appeal was held before the Planning Commission, acting as the Board of Appeals & Adjustment, on September 19, 2018. Following the hearing,the Board of Appeals &Adjustment CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 �, Page 5 issued its decision in which it denied Miller Farms' appeal and upheld the Zoning Administrator's determination. The Board of Appeals&Adjustments approved its written Recommended Findings and Decision, dated October 3, 2018. To ensure a complete and final record, she asked if the , petitioner has anything further it would like to add. Mr. Jacob Steen, of Larkin Hoffman, addressed the Council. He said he represents Miller Farms and briefly summarized some main points. In closing, he requested the City Council approve the appeal. Mayor Hamann-Roland closed the appeal record. MOTION: of Goodwin, seconded by Bergman,tabling consideration of the appeal of the Zoning Administrator's ruling that Residential Use is not a permitted use on property zoned"BP"(Business Pazk) for property located at 5751 150th Street West(CSAH 42) until November 29, 2018. Ayes - 5 -Nays - 0. MENARD'S AT HANSON CONCRETE Mr. Lovelace reviewed the request by Menard, Inc., for an amendment to the 2030 Comprehensive Plan Land Use.Map, rezoning of property, subdivision and site plan/building permit authorization to allow for construction of a 206,209 sq. ft. Menards store and 48,970 sq. ft. warehouse on 18.4 acres of a 46.4-acre unplatted parcel. The property is located at the northwest corner of 150th Street W. and Johnny Cake Ridge Road. Councilmember Bergman left the meeting at 7:29 p.m. Councilmember Bergman rejoined the meeting at 7:32 p.m. Discussion followed. MOTION: of Goodwin, seconded by Hooppaw, approving a Preliminary Planned Development Agreement with Menard, Inc. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving a Design Agreement with Menard, Inc., for the Menards at Hanson Concrete public improvements. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2018-168 approving an amendment to the Land Use Map of the 2030 Comprehensive Guide Plan re-designating of Lot 1,Block 1, of the proposed Menards at Hanson Concrete preliminary plat, from"IND" (Industrial)to"C" (Commercial), as recommended by the Planning Commission. Ayes- 5 -Nays - 0. . MOTION: of Bergman, seconded by Goodwin,passing Ordinance No. 1052 rezoning Lots 1 and 2,Block 1, of the proposed Menards at Hanson Concrete preliminary plat, CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 Page 6 from"I-2"(General Institutional)to "PD" (Planned Development). Ayes- 5 - Nays - 0. � MOTION: of Goodwin, seconded by Hooppaw, waiving the procedure for a second reading . and passing Ordinance No. 1053 amending Appendix F of the City Code by adding Article A37, establishing Planned Development Designation No. 1053. Ayes - 5 -Nays - 0. MOTION: of Hoo�paw, seconded by Goodwin, adopting Resolution No.2018-169 approving the preliminary plat of Menards at Hanson Concrete,with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No.2018-170 approving the site plan and authorizing issuance of a building permit to allow for construction of a 206,209 sq. ft. Menards store and 48,970 sq. ft. warehouse on Lot 1,Block 1,Menards at Hanson Concrete (as preliminary platted), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays -0. Mayor Hamann-Roland inquired about the plans for the existing facility. Mr. Theron Berg, of Menards, sta.ted he believes the existing building is sold to a local resident. - , RELIABLE MINI WAREHOUSES OF APPLE VALLEY Mr. Sharpe reviewed the request by Don Hawkins, on behalf of Reliable Mini_Warehouses of . Apple Valley, for a final plat and development agreement and site plan/building permit authorization for a self-storage facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. Mr. Scott Wyckoff, of Wasatch Storage Partners, commented on the project and expressed various concerns. Mr. Sharpe and Mr. Dougherty responded to questions and concerns. Discussion followed. . Councilmember Hooppaw said this has answered his questions and he is ready to move forward. � Mr.Nino Pedrelli, of Patina Apple Valley Land,LLC,provided background on previous development requests for this property and requested the City Council approve this project. Discussion continued. Mr.Vince Schroeder, of Reliable Mini Warehouses,responded to comments and said they are excited to be here. CITY OF APPLE VALLEY Dakota County, Minnesota November 15, 2018 -� Page 7 � MOTION: of Hooppaw, seconded by Goodwin, adopting a resolution approving the final plat and Development Agreement for Reliable Mini Warehouses of Apple Valley, with conditions as recommended by the Planning Commission. The Council discussed the statutory timeline for this project as well as the need to continue this item so the remaining questions could be answered. No vote was taken on the previous motion. MOTION: of Grendahl, seconded by Goodwin,tabling consideration of the request by Reliable Mini Warehouses of Apple Valley to November 29, 2018. Ayes - 4 - Nays - 1 (Hooppaw). COMMUNICATIONS Mayor Hamann-Roland reminded everyone that the 33rd annual holiday tree lighting ceremony will be at 6:15 p.m. on November 29, 2018. Mr. Lawell invited everyone to the Apple Valley Arts Foundation 2019 Frozen Apple concerts at __ a new location, Bogart's Entertainment Center. Concerts are scheduled from 6:00 p.m. to 9:00 p.m. on January 19, February 16, and March 16, 2019. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, 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 - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:41 o'clock p.m. Respectfully Submitted, � � Pamela J. kste er, City Clerk Approved by the Apple Valley City Council �- on I 1-2q- I$ M Ha - and, Mayor