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Home My WebLink About02/28/2019 CITY OF APPLE VALLEY . Dakota County, Minnesota February 28, 2019 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,Minnesota, held February 28, 2019, at 7:00 o'clock p.m., at Apple Valley Municipal Center. i 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 Hills, City Engineer Anderson, Parks and Recreation Director Bernstein, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, 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 led by Boy Scouts Isaac Van Arnem, Stuart Milne, and Andrew Seppelt from Troop 293. COBBLESTONE LAKE SIGN VARIANCES � MOTION: of Grendahl, seconded by Hooppaw,tabling consideration of the request for two ' sign variances regarding height and setback from a residential building on property at 15899 Elmhurst Lane to March 14, 2019. Ayes - 5 -Nays - 0. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight's meeting, as amended. Ayes - 5 -Nays - 0. Councilmember Bergman commented on the brightness and visibility of the monument sign at Fire Station 1. Acting Fire Chief Russell,said the Fire Department is new to electronic message boards and they will continue to fine tune how the messages look. Mayor Hamann-Roland asked that the messages on the sign not be distracting to drivers and to � keep it simple. AUDIENCE Mr. Tyler Williams, Galaxie Library Branch Manager, gave an update on library services and on the recent improvements at the library. CITY OF APPLE VALLEY � Dakota County, Minnesota _ � February 28, 2019 � Page 2 � , Mayor Hamann-Roland asked if anyone else was present to ad'dress the Council, at this time, on any item not on this meeting's agenda. There were no requests. 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 Grendahl, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0.' CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting �� of Februaxy 14, 2019, as written. Ayes -4 -Nays - 0 -Abstain- 1 (Hamann- Roland). - MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No.2019-19 designating Dakota County Tribune as the official newspaper of the City of Apple Valley for � the remainder of 2019. Ayes - 5 -Nays - 0. � MOTION: of Grendahl, seconded by Hooppaw, receiving the Cemetery Advisory Committee's 2018 annual report. Ayes - 5 -Nays - 0. MOTION: �of Grendahl, seconded by Hooppaw, continuing consideration of the appeal of the Zoning Administrator's ruling that Residential Use is not a permitted use on property zoned"BP" (Business Park) for property located at 5751 150th Street � West(CSAH 42)until Apri125, 2019. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw,waiving the procedure for a second reading � and passing Ordinance No. 1055 amending Chapter 51 of the City Code adding - Section 51.66—Septic Tank Maintenance: Inspection and Pumping Requirements. Ayes - 5 -Nays - 0. . MOTION: of Grendahl, seconded by Hooppaw, approving the Design Agreement with Pulte Homes of Minnesota, LLC, for design services of public infrastructure relating to proposed Projeet 2018-170, The Shores, and authorizing the Mayor and City Clerk . to sign the same. Ayes - 5 -Nays - 0., MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement with Pro-Tec Design, Inc., for Central Maintenance Facility Security Camera System in the amount of$26,418.22, and authorizing the Mayor and City Clerk to sign the same. _ Ayes - 5 -Nays - 0. -- MOTION: of Grendahl, seconded by Hooppaw, approving the Agreement with Pro-Tec � Design, Inc., for Valleywood SecuriTy Camera System in the amount of CITY OF APPLE VALLEY . Dakota County, Minnesota February 28, 2019 � Page 3 $21,234.96, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - , Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, authorizing submittal of Minnesota Investment Fund (MIF) Amendment No. 1 for Grant Agreement for Uponor NA, � Inc.,to allow for a 60-day extension, and authorizing the Mayor and City Clerk to ; sign the same. Ayes - 5 -Nays- 0. � � MOTION: of Grendahl, seconded by Hooppaw, approving final payment of Minnesota I Investment Fund(MIF) 1 upon receipt and acceptance of final reporting � documents, as described in the Planner/Economic Development Specialist's memo. , � Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, accepting Project 2019-112, 2019 Ash Tree i Removals, as complete and authorizing final payment on the agreement with Birch � Tree Care, in the amount of$59,024.00. Ayes - 5 -Nays - 0. ; . MOTION: of Grendahl, seconded by Hooppaw, accepting Fire Station 1 Digital LED � Monument Sign, as complete and authorizing final payment on the agreement with � Schad Tracy Signs, Inc., in the amount of$19,040.00. Ayes - 5 -Nays - 0. . � , . MOTION: of Grendahl, seconded by Hooppaw, approving the personnel actions as listed in ; the Personnel Report dated February 28, 2019. Ayes - 5 -Nays - 0. i ' , MOTION: of Grendahl, seconded by Hooppaw,to pay the claims and bills, check registers � dated February 6, 2019, in the amount of$485,113.76, and February 14, 2019, in � � the amount of$2,129,155.26. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA BEYOND THE YELLOW RIBBON COMMUNITY PROGRAM Mr. Chellsen, President of the Apple Valley Beyond the Yellow Ribbon Network,recognized all its Board and Committee Members. Jay Peterson, Glenn Sonne, Curt Martinson, Bill Tschohl, Tom Lawell, and Dick Geiger from the organization were present. He also recognized the work of Boy Scouts Isaac Van Arnem, Stuart Milne, and Andrew Seppelt who assist the veterans in a • variety of ways. He then provided a brief history of the Beyond the Yellow Ribbon program and , services provided to veterans in Apple Valley in 2018 as well as their plans for 2019. Mr. Chellsen encouraged community members to get involved. ' . The Mayor thanked their organization for making a difference in people's lives. TIME SQUARE SHOPPING CENTER—PORTILLO'S Mr. Sharpe reviewed the request by Interstate Development Corp for approval of a design agreement, final plat and development agreement, Conditional Use Permit,variances, and a site CITY OF APPLE VALLEY � Dakota County, Minnesota , � February 28, 2019 Page 4 � plan review/building permit authorization to construct an 8,300 sq. ft. restaurant with a drive- through window in an"RB" (Retail Business) zoning district. The property is located on the northwest corner of Cedar Avenue and CSAH 42. The Planning Commission voted unanimously to recommend approval of this project. . Discussion followed. . MOTION: of Goodwin, seconded by Grendahl, approving the Design Agreement for Cedar Retail Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5�-Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No.2019-20 approving � the final plat and Development Agreement for Cedar Retail Addition, subject to final revisions and changes as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2019-21 approving a Conditional Use Permit to a11ow a drive-through lane in conjunction with a Class-II Restaurant on Lot 3, Block 1, Cedar Retail Addition(7530 149th Street W.), for Portillds,with conditions as recommended by the Planning Commission. Ayes - 5 : -Nays - 0. � MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No.2019-22 approving a 2 ft. parking stall depth variance(from 20 ft. to 18 ft.) on Lot 2, Block 1, Cedar Retail Addition, as recommended by the Planning Commission. Councilmember Goodwin said he appreciated seeing the slide showing the comparison of parking stall depths in various cities. He is more oomfortable with the reduction in stall depth after seeing what other cities have. Vote was taken on the motion: Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2019-23 approving a 2 ft. parking stall depth variance (from 20 ft. to 18 ft.) on Lot 3, Block 1, Cedar Retail Addition, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-24 approving an 11.5 ft. side setback variance (from 15 ft.to 3.5 ft.) on Lot 2, Block 1, Cedar Retail Addition, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No.2019-25 approving the site plan and authorizing issuance of a building permit to a11ow construction of — a 7,700 sq. ft. restaurant with a drive-through lane on Lot 3, Block 1, Cedar Retail CITY OF APPLE VALLEY Dakota County, Minnesota February 28, 2019 Page 5 Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting ltesolution No. 2019-26 approving the site plan and authorizing issuance of a building permit for an existing structure on Lot 2, Block 1, Cedar Retail Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. Mr. Lonnie Provencher, Interstate Development Corp., said he is wildly excited about this project. It is an extraordinary property, a great location, and a great City. Mr. Mark Matijasevich, 13688 Dunbar Way, said he was present to endorse the project. He thanked the City Council for approving the project and said he is very happy Portillo's is coming to town. Ms. Peggy Hart, Portillo's, stated the Portillo's building was designed specifically for Apple Valley and they are excited to be part of this community. 1VIr. Provencher said they are hopeful the project will commence in April, adding that all components of the project will start at approximately the same time. Mayor Hamann-Roland welcomed them to Apple Valley. REAPPOINT EDA MEMBER. COMMISSIONERS. & COMMITTEE MEMBERS T'he Mayor extended thanks to all Commissioners and Committee Members for their valuable services, adding the Council could not do the work it does without these committees. Ms. Gackstetter reviewed her memo regarding the reappointment of an Economic Development Authority Member, Commissioners, and Committee Members with terms expiring March 1, 2018. She noted all members have indicated their interest in serving an additional term. IVIOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2019-27 reappointing Thomas Melander to the Economic Development Authority for a term expiring March 1, 2025; No. 2019-28 reappointing Tanya Grawe and Jay Hoekstra to the Cemetery Advisory Committee for a term expiring March 1, 2022; No. 2019- 29 reappointing Josh Gafflce and Noel Hammill to the Parks and Recreation Advisory Committee for a term expiring March 1, 2022; No. 2019-30 reappointing Tim Burke and Paul Scanlan to the Planning Commission for a term expiring March 1, 2022; No. 2019-31 reappointing Jerry Brown and Carson Turnquist to the Telecommunications Advisory Committee for a term expiring March 1, 2022; No. 2019-32 reappointing Linda Dolan, Matt Saam, and Joe Shaw to the Traffic Safety Advisory Committee for a term expiring March 1, 2022; and No. 2019-33 reappointing Linda Blake, Sandy Breuer, and Walton Mahlum to the Urban Affairs Advisory Committee for a term expiring March 1, 2022. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 28,2019 Page 6 , �, � COMMUNICATIONS Mayor Hamann-Roland thanked all those involved in keeping the roads and sidewalks safe for residents. Councilmember Bergman reminded residents to clear the snow away from fire hydrants and not to park on the streets during snowplow operations. Mayor Hamann-Roland announced the City's official newspaper is now the Dakota County Tribune. Mr. Lawell reminded residents of the vacancies on the Urban Affairs Advisory Committee and Parks and Recreation Advisory Committee and encouraged those interested to apply. He then _ announced the City's tree/shrub sale is currently underway, adding that Apple Valley has been a Tree City USA member for 35 years. 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 Bergman, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:12 o'clock p.m. Respectfully Submitted, P - -l�v .. Pamela J. Gac ette ity Clerk , Approved by the Apple Valley City Council — on 3-r�.!�I- 4°I M H - ol d, Mayo