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HomeMy WebLinkAbout11/26/2019 Meeting M eeting L ocation: M unicipal Center 7100 147th Street West Apple Valley, M innesota 55124 The "34th Annual Holiday Tree Lighting C eremony" will be held prior to the Council Meeting, at 6:15 p.m. at the Municipal C enter. Everyone is invited to join in caroling and partake of cookies and cider bef ore the meeting. Nov ember 26, 2019 C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.Approve Minutes of November 14, 2019, Special Meeting B.Cemetery Donation 1. Adopt Resolution Accepting Donation from Paul Rosenau for Lebanon C emetery 2. Approve Agreement with Paul Rosenau for Donation toward Construction of C overed C eremony Shelter at Lebanon C emetery C .Approve State Lawful Gambling Permit to Conduct Excluded Bingo for Eastview High School Senior Party at Bogart's Entertainment C enter on March 1, 2020 D.Adopt Resolution Amending 2019 Operating Budget for Specific Items E.Approve Release of Natural Resources Management Permit Financial Guarantees F.Proclaim November 30, 2019, as "Small Business Saturday" G.Adopt Resolution Approving Extension of Site Plan/Building Permit for Self-Storage Facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley H.Project 2020-113, Longridge Reservoir Rehabilitation 1. Adopt Resolution Directing Preparation of Plans and Specifications 2. Authorize Solicitation of Quotes for Engineering Services I.Approve Acceptance and Final Payment on Agreement with Comlink Midwest, LLC, for Project 2018-117, Fiber Optic Extension to Water Towers J .Approve Personnel Report K.Approve Claims and Bills 5.Regular Agenda Items A.Presentation of Minnesota Section American Water Works Association Operator Meritorious Award to Roger Dingman B.Renewal of On-Sale Liquor and Wine Licenses for 2020 1. Hold Public Hearing on On-Sale Licenses 2. Adopt Resolutions Approving Renewals of Intoxicating Liquor and Wine Licenses, Subject to Completion of Submissions C .Adopt Resolution Approving Findings of Fact, C onclusions and Decision for Sign Variance for Aspen Dental, on Lot 1, Block 2, Apple Valley Commercial Addition (14750 C edar Avenue) D.Review Ordinance Amending C hapter 114 of the C ity Code, Regarding Peddler and Solicitor Regulations (First reading) 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.C losed Session A.Convene in Closed Session, Under the Labor Negotiations Exception to the Open Meeting Law, to Discuss A FSC ME and LELS Union Negotiations 9.Adjourn Reminder: City Off ices are closed Thursday and Friday, November 28 and 29, 2019, in observance of Thanksgiving Holiday Regular meetings are broadcast, live, on Charter Communications Cable Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 4.A. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A pprove Minutes of November 14, 2019, Special Meeting S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the special meeting of November 14, 2019. S UM M ARY: T he minutes from the last C ity Council meeting are attached for your review and approval. B AC K G RO UND: State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Minutes CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 14, 2019, 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 members 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, 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. Councilmember Bergman joined the meeting at 7:01 p.m. APPROVAL OF AGENDA MOTION: of Goodwin, seconded by Hooppaw, removing item 4.F - Approve Agreement with Ameresco for Asset Sustainability Planning and Software Services, 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 remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Bergman, seconded by Hooppaw, approving the minutes of the regular meeting of October 24, 2019, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Page 2 MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-130 consenting to appointment of Deputy City Clerk Jenae Marthey. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-131 establishing election precinct boundaries and polling places for 2020 elections. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the 2020 fees for Redwood Pool, Apple Valley Family Aquatic Center, Sports Arena and Hayes Park Arena, and granting Parks and Recreation Director or designee the latitude to adjust the fees for promotions, as described in the Parks and Recreation Director’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving release of subdivision financial guarantee for Cortland Sixth Addition, as listed in the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-132 amending Conditional Use Permit 2013-60 to allow storage of volleyball sand on site year round at 14917 Garrett Avenue, for Bogart’s Entertainment Center, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, appointing Malloy, Montague, Karnowski, Radosevich (MMKR) and Co., P.A., as auditors for 2019 fiscal year audit, at an estimated total cost of $45,000.00, as described in the Finance Director’s memo. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the agreement for Geographical Information System Software and Services with Environmental Systems Research Institute, Inc., (ESRI) in the amount of $85,000.00 over a 3-year term, 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 Hayes Campus Security Access System with Pro-Tec Design, Inc., in the amount of $42,268.57, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 2 to the agreement with Pember Companies, Inc., in the amount of an additional $3,899.30; and accepting Project 2019-121, Lebanon Cemetery Boundary Fence, as complete and authorizing final payment in the amount of $17,905.99. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc., with a deduction of $3,866.95; and CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Page 3 accepting Project 2019-130, 2019 Concrete Removal & Replacement Services, as complete and authorizing final payment in the amount of $1,459.40. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2019-103, 2019 Micro Surfacing, as complete and authorizing final payment on the agreement with Asphalt Surface Technologies Corporation, in the amount of $18,844.14. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, accepting Project 2018-134, Sunset Pond (AL-P8) Stormwater Improvements for Alimagnet Lake, as complete and authorizing final payment on the agreement with Sunram Construction, Inc., in the amount of $11,148.14. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the personnel actions as listed in the Personnel Report dated November 14, 2019. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, approving the claims and bills, check registers dated October 16, 2019, in the amount of $2,398,733.62, October 23, 2019, in the amount of $740,933.96, and October 31, 2019, in the amount of $2,139,575.20. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA PROCLAIM AVR, INC., A BUSINESS LEADER Mr. Nordquist provided background on this item and introduced Mr. Peter Fischer and Ms. Liza Robson, of AVR, Inc. Mr. Nordquist read the proclamation recognizing AVR as a business leader. He then presented proclamations to Mr. Fischer and Ms. Robson. MOTION: of Grendahl, seconded by Bergman, proclaiming AVR, Inc., a business leader in connection with Apple Valley’s 50th Golden Year celebration. Ayes - 5 - Nays - 0. Ms. Robson said they are humbled by this honor and recognition. Mr. Fischer thanked the Council and said they are very proud of the City and what their company has done in the City. Discussion followed. Mayor Hamann-Roland said the City values the strong partnership with AVR. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Page 4 LEAGUE OF MINNESOTA CITIES Mr. David Unmacht, League of Minnesota Cities (LMC) Executive Director, addressed the Council. He thanked the Mayor, Councilmembers, and City staff for their support and for being a leader in the state and at the national level. Mayor Hamann-Roland said the City appreciates the relationship and thanked Mr. Unmacht for his guidance and the great work he is doing across the state. PENNOCK CENTER, 7668 150TH STREET W. Mr. Sharpe reviewed the request by Java Capital Partners, LLC, for a Conditional Use Permit for a drive-through in association with a Class III restaurant, setback variances for parking and building structure, and a site plan/building permit authorization to allow for construction of a 6,100 sq. ft. retail building at 7668 150th Street W. The Planning Commission unanimously recommended approval on October 2, 2019. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-133 approving a Conditional Use Permit to allow a drive-through in association with a Class III restaurant in a “RB” (Retail Business) zoning district on Lot 1, Block 1, Apple Valley Square 2nd Addition (7668 150th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-134 approving a 22-foot building setback variance (from 50 ft. to 28 ft.) on the north property line of Lot 1, Block 1, Apple Valley Square 2nd Addition (7668 150th Street W.), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, adopting Resolution No. 2019-135 approving a 9-foot parking setback variance (from 15 ft. to 6 ft.) on the north and west property lines of Lot 1, Block 1, Apple Valley Square 2nd Addition (7668 150th Street W.), as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2019-136 approving the site plan and authorizing issuance of a building permit to allow for construction of a 6,100 sq. ft. building on Lot 1, Block 1, Apple Valley 2nd Addition (7668 150th Street W.), with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. Mr. Mark Krogh, Java Companies Chief Manager, said it is a challenging site. He mentioned demolition will probably take place in 2019 and construction will begin in 2020. CITY OF APPLE VALLEY Dakota County, Minnesota November 14, 2019 Page 5 PARKS AND RECREATION ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the resignation of Parks and Recreation Advisory Committee Member Boyd Montgomery, creating a vacancy on the Parks and Recreation Advisory Committee with a term expiring March 1, 2021. 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, 2019. An appointment could then be made in January. MOTION: of Hooppaw, seconded by Grendahl, accepting the resignation of Parks and Recreation Advisory Committee Member Boyd Montgomery 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 serving on the Committee to submit an application to the City Clerk by December 31, 2019. Ayes - 5 - Nays - 0. COMMUNICATIONS Mr. Lawell reminded everyone that the 34th annual holiday tree lighting ceremony will be at 6:15 p.m. on November 26, 2019. Ms. Gackstetter announced the City is currently accepting applications for election judges for the 2020 elections. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, 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 Bergman, seconded by Hooppaw, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 7:56 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: Cemetery Donation S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: 1. Adopt the attached resolution accepting a $250,000 donation from Paul Rosenau for Lebanon C emetery. 2. Approve agreement with Paul Rosenau for a monetary donation for a covered ceremonial structure at Lebanon Cemetery. S UM M ARY: Attached is an agreement with a private citizen, Paul Rosenau, for a funding donation toward the design and construction of a covered ceremonial structure at Lebanon C emetery. Mr. Rosenau, who has family interred at Lebanon C emetery, is aware of the Master Plan for the Cemetery which includes plans for a covered ceremonial structure near the center of the Cemetery (see attached drawing). Mr. Rosenau is interested in donating funds toward the design and construction of the ceremonial structure. T he C ity Attorney drafted the attached agreement. B AC K G RO UND: Following approval of the agreement, staff plans to utilize the C ity’s existing consultant pool to engage an architect in the design of the structure over this winter. T he project would then be bid in late winter/early spring for construction in summer of 2020. Staff would bring back plans to share with the C ouncil prior to bidding. T he Cemetery C ommittee will also review the design of the structure. B UD G E T I M PAC T: T he agreement is for a total donation of $250,000 to the C ity. AT TAC HM E NT S : Exhibit Resolution Agreement CITY OF APPLE VALLEY RESOLUTION NO. 2019- __ A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs and improve the quality of life in Apple Valley; and WHEREAS, Paul Rosenau has offered to donate $250,000 toward the design and construction of a covered ceremonial structure at Lebanon Cemetery; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Paul Rosenau for the gracious and generous donation toward Lebanon Cemetery. ADOPTED this 26th day of November 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela Gackstetter, City Clerk 1 GIFTING AGREEMENT BETWEEN CITY OF APPLE VALLEY AND PAUL ROSENAU THIS GIFTING AGREEMENT (the "Agreement") dated this _____ day of November 2019 is made by and between Paul Rosenau ("Donor") and the City of Apple Valley ("Donee") (jointly referred to as "Parties"). WHEREAS, the Donor desires to gift to the Donee and the Donee desires to accept from the Donor two hundred and fifty thousand dollars ($250,000.00) for the construction of a covered ceremony shelter at Lebanon Cemetery; and WHEREAS, the Parties desire at this time to set forth in writing their mutual understandings and agreements with respect to the gifting contemplated hereby; NOW, THEREFORE, in consideration of the foregoing recited facts, the Parties agree as follows: 1. Gifting. The Donor hereby agrees to transfer, convey, assign and gift to the Donee and the Donee agrees to accept and acquire from the Donor two hundred and fifty thousand dollars ($250,000.00) (“Gift”) for the construction of a ceremony shelter at Lebanon Cemetery in Apple Valley, Minnesota). Attached hereto as Exhibit “A” is the Master Plan for Lebanon Cemetery which shows the general location for the new cemetery structure (“Ceremony Shelter”). Donor shall deliver the Gift in two installments as follows: 1.1 The sum of $20,000.00 within 30 days of the date of approval of this Agreement by the Apple Valley City Council; and 1.2 The sum of $230,000.00 within 14 days of the date of the City’s deadline for submission of construction project bids for the construction of the Lebanon Cemetery Ceremony Shelter. 1.3 The Donee will not commence any work on the design portion of the project until receipt of Donor’s payment of $20,000.00. The Donee will not accept any bid or award any contract for the construction of the Ceremony Shelter until receipt of Donor’s payment of $230,000.00. 2 2. Donor’s Covenants, Representations and Warranties. The Donor covenants, represents and warrants as follows: 2.1. Good Title. The Donor shall, as of the date of closing, have good title to the funds gifted pursuant to this Agreement, free and clear of all liens and encumbrances; and the Donor shall, as of this date, have full legal right, power and authority to gift and transfer the funds to Donee. 2.2. Release. The Donor shall indemnify and hold the Donee harmless from any liability from any source regarding said Gift to the Donee. 3. Donee’s Covenants, Representations and Warranties. The Donee covenants, represents and warrants to the Donor, as follows: 3.1. Acceptance. Donee shall accept the Gift in accordance with the terms and conditions set forth hereunder. 3.2. Governmental Unit. Donee, as a municipal corporation under the laws of Minnesota, was founded as a statutory city pursuant to Minnesota Statute § 412.016. 3.3. Design. Donee shall hire an architect to design the Ceremony Shelter. Within ninety (90) days of Donee’s receipt of the Gift and at least one week prior to releasing the proposed design to the public, Donee shall give Donor the opportunity to review and comment on the design for the Ceremony Shelter. 3.4. Costs. The Gift is intended to fully cover all costs associated with the completion of the Ceremony Shelter project, including construction and design. In the event costs exceed the amount of the Gift, Donee will be responsible for paying the cost of any overrun. 3.5. Plaque. Donee shall post in the interior or exterior of Ceremony Shelter a modest plaque honoring Donor’s Gift. 3.6. Public Purpose. Donee shall use the Gift solely for public purpose and use. 4. Donor’s Indemnification. The Donor agrees to indemnify and hold harmless the Donee against and in respect of any and all loss, damage or deficiency resulting from any misrepresentation, breach of warranty or nonfulfillment of any agreement on the part of the Donor under this Agreement and any and all actions, suits, proceedings, demands, assessments, judgments, costs and expenses (including reasonable attorneys' fees paid) incident to any of the foregoing. 3 5. Donee’s Indemnification. The Donee shall indemnify and hold harmless the Donor against and in respect of any and all loss, damage or deficiency resulting from any misrepresentation, breach of warranty or nonfulfillment of any agreement on the part of the Donee under this Agreement and any and all actions, suits, proceedings, demands, assessments, judgments, costs and expenses (including reasonable attorneys' fees paid) incident to any of the foregoing. 6. Complete Agreement. This Agreement contains the complete agreement between the Parties hereto with respect to the gifting of the shares contemplated hereby and supersedes all prior agreements and understandings among the Parties hereto with respect thereto. This Agreement may be amended or modified only by a written instrument executed by both Parties hereto. 7. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 8. Counterparts. This Agreement may be executed in two counterparts, each of which shall be deemed an original, but both of which shall constitute but one instrument. 9. Assignment. All rights and obligations of either party under this Agreement shall inure to the benefit of, and be binding upon, either party and their respective heirs, successors, administrators and assigns. Unless otherwise specified herein, neither the Donor nor the Donee shall assign, transfer, encumber, or to otherwise dispose of any of their right, title or interest in, to or under this Agreement without the prior written consent of the other party, and any purported such assignment, transfer, encumbrance, hypothecation or disposition without such consent shall be prohibited. 10. Severability. The provisions of this Agreement are intended to be severable, and the invalidity or unenforceability of any of said provisions, or any portion thereof, shall not render the remaining provisions of this Agreement inapplicable or unenforceable. 11. Headings. All headings preceding the paragraphs herein are for the purpose of identification only and may not be used for the purpose of construing any provisions contained herein. [Signature Page to Follow] 4 IN WITNESS WHEREOF, the Donor and the Donee have set their hands to this Agreement to be effective as of the date of approval of this Agreement by the City, on ______________, 2019. DONOR: __________________________________ Paul J. Rosenau DONEE / CITY OF APPLE VALLEY: ________________________________ By: Mary Hamann-Roland Its: Mayor _________________________________ ATTEST By: Pamela J. Gackstetter Its: City Clerk 5 Exhibit A - Lebanon Hills Master Plan I T E M: 4.C. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A pprove S tate L awful Gambling Permit to Conduct E xcluded Bingo for E astview High School S enior Party at B ogart's E ntertainment Center on March 1, 2020 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a lawful gambling permit to conduct excluded bingo, by the State Gambling Control Board, to Eastview High School Senior Party, for an event to be held at Bogart's Entertainment C enter, 14917 Garrett Avenue, on March 1, 2020. S UM M ARY: Eastview High School Senior Party, submitted an application for a bingo event to be held at Bogart's Entertainment Center, 14917 Garrett Avenue, on March 1, 2020. T he application is on file should you wish to review it. B AC K G RO UND: Exempt permits to conduct excluded bingo, for four or fewer bingo events in a calendar year, for qualified nonprofit organizations, are issued by the State Gambling Control Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. T hese permits are issued for limited fund raisers. B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A mending 2019 Operating B udget for Specific I tems S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Adopt resolution amending 2019 Operating Budget for Specific Items. S UM M ARY: T he C ity C ouncil is requested to consider a resolution amending the 2019 operating budget for items that are proposed to be funded by anticipated savings within the 2019 budget or by realigning other sources. T he items were included as budget addition requests during the 2020 budget review process and were not included in the preliminary 2020 budget or are projects requiring realigning budgeted resources. By utilizing current year budget savings the pressure on the 2020/21 budget was reduced. It is expected that these items will be completed during 2019. B AC K G RO UND: Please see the attached exhibit for additional information on each of the proposed items. B UD G E T I M PAC T: T he General Fund expenditure and revenue budgets will each increase $2,900 with the use of budget savings in the Water and Sewer Enterprise Fund. T he Municipal Building Fund expenditure and revenue budgets will each increase $28,000 with the use of budget savings within the General Fund. AT TAC HM E NT S : Exhibit Resolution Exhibit - Amending 2019 Operating Budget (Council Meeting Date 11-26-19) BACKGROUND AV Community Center – Entrance Door Repairs (1900-6266) Amount The Parks and Recreation Department is requesting $10,000 of salary savings be redirected to fund repairs to the hardware on a number of doors at the Apple Valley Community Center. This work will be completed along with the electronic access security improvements to be completed this fall. The funding for this project would come from salary savings from a vacant position in the Community Center Budget. $ 10,000 AV Community Center – Masonry Restoration Project 2019-164 (4000-6715) Amount The Parks and Recreation Department is requesting redirecting budget savings to fund repairs to the exterior wall at the Apple Valley Community Center. This work will is expected to be completed. The funding for this project would come from savings in a variety of projects. The savings will come from the AVCC Locker-room Project ($46,000), Redwood Fencing Project ($15,000), and the JCRP Concessions Remodel Project ($13,000). $74,000 Fleet /CMF Maintenance - Purchase of 55 Ton Metal Press (1530-6211) Amount The Public Works Department is requesting $4,400 of budget savings be directed to the replacement of a 55-Ton metal press. This piece of equipment is used by multiple Divisions in PW for in-house metal fabrication. The funding for this would come from 2019 budget savings in multiple departments. $ 4,400 Fleet /CMF Maintenance - Horizontal/Vertical Gas Cylinder Storage (1530-6211) Amount The Public Works Department is requesting $1,400 of budget savings be directed to the purchase of a gas storage system. These storage containers will improve the safety of the current gas storage system in use at CMF and will be utilized by multiple departments. The funding for this would come from 2019 budget savings in multiple departments $1,400 Engineering – Mobile Computer (1510-6211) Amount The Engineering Department is requesting budget savings be directed to the purchase of a Surface Pro Tablet computer to be utilized when the Engineer is out of the office. The funding for this would come from savings related to software maintenance. $ 1,700 CITY OF APPLE VALLEY RESOLUTION NO. 2019-__ RESOLUTION AMENDING 2019 BUDGET FOR SPECIFIC ITEMS WHEREAS, certain 2019 activities were not included in the original 2019 adopted budget; and WHEREAS, funding exists to complete these projects from existing budget savings or additional resources, and WHEREAS, certain 2019 program budget savings are requested to be reassigned; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley that the following budget adjustments be made to the 2019 budget. Department Description 2019 Account Code 2019 Additional (reduced) Amount AV Community Center Entrance Door Repairs 1900.6266 $ 10,000 AV Community Center Salary Savings 1900.6110 (10,000) Redwood Savings on Fencing Project 1930.6740 (15,000) Park Maintenance Concession Stand Remodel 1710.6735 (13,000) General Fund Transfers Out Transfer to Municipal Bldg Fund 1960.7110 28,000 CMF & Fleet 55-Ton Metal Press 1530.6211 4,400 CMF & Fleet PT Wage Savings 1530.6112 (1,100) Street Maintenance Savings on Small Tools 1600.6211 (1,100) CMF & Fleet Gas Cylinder Storage System 1530.6211 1,400 CMF & Fleet PT Wage Savings 1530.6112 (350) Street Maintenance Savings on Small Tools 1600.6211 (350) Engineering Surface Pro Computer 1510.6211 1,700 Engineering Savings in Small Tools 1510.6211 (1,700) Subtotal General Fund Expenditures $ 2,900 General Fund Revenues Transfers In 1001.5499 $ 2,900 Subtotal General Fund Revenues $ 2,900 Municipal Building Fund Masonry Restoration 2019-164 4002.6715 74,000 Municipal Building Fund Savings AVCC Locker-room Project 4002.6715 (46,000) Subtotal Municipal Building Fund Expenditures $ 28,000 Municipal Building Fund Rev. Transfers In 4001.5499 $ 28,000 Subtotal Municipal Building Fund Revenues $28,000 Department Description 2019 Account Code 2019 Additional (reduced) Amount Enterprise Funds: Water Savings in Small Tools 5305.6211 $ (1,100) Sewer Savings In Small Tools 5365.6211 (1,100) Water Savings in Small Tools 5305.6211 (350) Sewer Savings In Small Tools 5365.6211 (350) Water Transfer Out 5305.7110 1,450 Sewer Transfer Out 5365.7100 1,450 Subtotal Enterprise Funds $ -0 ADOPTED this 26th day of November 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 4.E. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A pprove Release of Natural Resources Management Permit Financial Guarantees S taff Contact: K eenan Hayes, Natural Resources Technician Department / Division: Natural Resources Division AC T I O N RE Q UE S T E D: Approve the release of financial guarantees for D elegard Apple Villa Properties, LLC, and D.R. Horton, Inc. S UM M ARY: T he following projects have been inspected and are compliant according to City requirements: 1. Apple Villa Apartments Permit No. AV067980 Amount $10,500.00 Reduce now to $0.00 Guarantee Type: Check 2. C ortland 6th Addition Permit No. AV064224 Amount $8,000.00 Reduce now to $0.00 Guarantee Type: Letter of Credit B AC K G RO UND: T he C ity retains Natural Resources Management Permit (N RMP) financial securities to ensure the protection of natural resources during land disturbing activities. B UD G E T I M PAC T: N/A I T E M: 4.F. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: P roclaim November 30, 2019, as "S mall Business Saturday" S taff Contact: Charles Grawe, A ssistant City A dministrator Department / Division: Administration / I nformation Technologies AC T I O N RE Q UE S T E D: Proclaim November 30, 2019, as "Small Business Saturday". S UM M ARY: T he Saturday after T hanksgiving has been widely recognized as Small Business Saturday and a day to encourage communities to shop with local small businesses. B AC K G RO UND: Small businesses are an important part of both the national and Apple Valley economies. Small businesses employ many people, create new jobs, boost the economy, and preserve neighborhoods. Mayor Hamann-Roland is the sponsor of the proclamation. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Proclamation CITY OF APPLE VALLEY PROCLAMATION WHEREAS, the City of Apple Valley celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 30.7 million small businesses in the United States, they represent 99.7 percent of all businesses with employees in the United States, are responsible for 64.9 percent of net new jobs created from 2000 to 2018; and WHEREAS, small businesses employ 47.3 percent of the employees in the private sector in the United States; and WHEREAS, 94% of consumers in the United States say Small Business Saturday has had a positive impact on their community; and WHEREAS, 96% of consumers who plan to shop on Small Business Saturday said the day inspires them to go to small, independently-owned retailers or restaurants that they have not been to before, or would not have otherwise tried; and WHEREAS, 92% of companies planning promotions on Small Business Saturday said the day helps their business stand out during the busy holiday shopping season; and WHEREAS, 59% of small business owners said Small Business Saturday contributes significantly to their holiday sales each year; and WHEREAS, the City of Apple Valley supports our local businesses that create jobs, boost our local economy and preserve our communities; and WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW, THEREFORE, the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby proclaims November 30, 2019, as: “SMALL BUSINESS SATURDAY” in Apple Valley and urges the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. PROCLAIMED this 26th day of November, 2019. _________________________________ ATTEST: Mary Hamann-Roland, Mayor ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.G. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A dopt Resolution A pproving E xtension of Site P lan/Building P ermit for Self-S torage F acility on L ot 1, B lock 1, Reliable Mini Warehouses of A pple Valley S taff Contact: A lex Sharpe, Planner and Economic Development Spec. Department / Division: Community Development Department AC T I O N RE Q UE S T E D: Adopt the resolution approving an extension of the site plan/building permit for a self-storage facility on Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. S UM M ARY: On November 29, 2018 the C ity C ouncil approved a site plan/building permit authorization and final plat for Reliable Mini Warehouses of Apple Valley. A standard condition of these approvals states the following "if the building permit is not paid for, and issued within one (1) year of the date of approval, the approval shall lapse". T he applicants have requested that the City extend the approval for six months. However, to maintain consistency with standard extensions, and avoid the necessity for an early spring construction start, staff has extended the request to November 26, 2020; a year from the Council review date. A letter from the applicants requesting the extension, and a brief explanation as to why it is required is attached. T he applicants are in the final stages of completing their building permit, with only minor corrections required. T he C ity has extended approvals for plats, conditional use permits, and building permit authorizations in the past, but the practice is not common. If an extension is not granted, the applicants will be required to reapply for all of their prior approvals. B AC K G RO UND: N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Applicant L etter Site P lan CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION EXTENDING ISSUANCE OF A BUILDING PERMIT FOR RELIABLE MINI WAREHOUSES OF APPLE VALLEY WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Chapter 155 of the City Code of Ordinances, zoning regulations to control land uses throughout the City; and WHEREAS, said regulations provide that issuance of a building permit for commercial, industrial, and multiple residential uses require the specific review and approval of development plans by the Apple Valley Planning Commission and City Council; and WHEREAS, extension of such a building permit issuance has been requested for the above-referenced project; and WHEREAS, the Apple Valley Planning Commission has reviewed the development plans and made a recommendation as to their approval at a public meeting held on September 19, 2018; and WHEREAS, the Apple Valley City Council has reviewed the development plans and adopted Resolution 2018-204. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the extension of a building permit for a six building self- storage facility totaling 52,100 sq. ft. hereby authorized, subject to the following conditions: 1. If the Building Permit is not paid for and issued within one (1) year of the date of this approval, the approval shall lapse. 2. The Building Permit shall be applicable to property identified as Lot 1, Block 1, Reliable Mini Warehouses of Apple Valley. 3. Construction shall occur in conformance with the site plan C2 dated September 12, 2018, on file with at City offices and attached to this resolution. 4. The applicant shall follow all conditions included in the City Engineer's memo dated September 13, 2018. 5. A SAC determination from Metropolitan Council shall be obtained prior to issuance of a building permit and as part of the developer's agreement. 6. Trash area is required per MSBC 2015 1303.1500 Subpart 1 requires recycling space in accordance with Table 1-A on plans issued for permit. 7. Approval of a signage plan is not included with this site plan and building permit authorization. A separate application and signage plan in conformance with the sign 2 regulations must be submitted for review and approval to the City prior to the installation of any signs. 8. The City of Apple Valley has adopted the 2015 MSBC 1306, subpart 3 Special Fire Protection systems. This section would require the buildings to have an automatic sprinkler system installed based on occupancy type and square footage. 9. The 2015 MSFC 505.1 requires premises identification. A final address shall be assigned prior to the application for a building permit. 10. The access aisle shall be marked with a sign “no parking” at the head end of the access aisle see MSAC 502.4.4. 11. Park Dedication in the amount of $6,992.13 shall be paid prior to the release of the final plat. 12. The Site Plan and Building Permit Authorization is subject to the approval of the Reliable Mini Warehouses of Apple Valley final plat. 13. Construction shall occur in conformance with the architectural plans dated September 13, 2018, subject to minor revisions. 14. Installation landscaping shall occur in conformance with the landscape plan dated September 13, 2018, on file with the City, subject to minor revisions and subject to conformance with landscaping requirements. 15. A tree removal plan shall be submitted prior to issuance of the building permit. Trees required as part of the Lifeworks site development shall be required to be replaced in a 1:1 ratio. 16. The owner shall submit a detailed nursery bid list at the time of application for the building permit that confirms the value of the landscape plantings. 17. Construction and earthmoving activities shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Friday. Weekend construction hours shall be limited to the hours of 8:00 a.m. to 5:00 p.m. on Saturday. Construction shall not be performed on Sundays or federal holidays. 18. Any site lighting shall consist of downcast, shoebox lighting fixtures or wallpacks with deflector shields which confines the light to the property. 19. Final fire hydrant location shall be determined by the Apple Valley Fire Marshall at the time of building permit. 20. Earthmoving activities shall not occur when wind velocity exceeds thirty (30) miles per hour. Watering to control dust shall occur as needed and whenever directed by the Apple Valley Building Official or Zoning Administrator. 3 21. The ongoing use and occupancy of the premises is predicated on the ongoing maintenance of the structure and all required site improvements as listed in the preceding. No alteration, removal, or change to the preceding building plans or required site improvements shall occur without the express authorization of the City. Site improvements which have deteriorated due to age or wear shall be repaired or replaced in a timely fashion. BE IT FURTHER RESOLVED by the City Council of the City of Apple that such extension is subject to a finding of compliance of the construction plans with the Minnesota State Building Code, as determined by the Apple Valley Building Official, and with the Minnesota State Uniform Fire Code, as determined by the Apple Valley Fire Marshal. ADOPTED this 26th day of November, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: _______________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.H. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: P roject 2020-113, L ongridge Reservoir Rehabilitation S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: 1. Adopt resolution directing preparation of plans and specifications for Project 2020-113, Longridge Reservoir Rehabilitation. 2. Authorize solicitation of quotes for engineering services. S UM M ARY: T he Longridge Reservoir was constructed in 1978. T he reservoir's exterior coating is failing. Rehabilitation work is planned to include structural repairs, interior and exterior coating removal with containment and re-painting all reservoir surfaces. Staff will utilize the City's existing engineering consultant pool to obtain quotes for engineering services on the project. B AC K G RO UND: T he Longridge Reservoir is located at 8351 160th Street W. T he reservoir has a 4 million gallon storage capacity. In 2009, an intermediate repair project performed minor structural repairs and spot painting repairs. A Professional Service Agreement (PSA) is required for the engineering services for this project. B UD G E T I M PAC T: T he Longridge Reservoir is included in the 2020 C IP and Public Works Utility Division Water Budget. Estimated Project Costs:Project 2020-113 5320.6735/6235 C onstruction Cost $ 850,000 C onstruction Contingency 50,000 Sub-Total Estimate $ 900,000 Design & Inspection Services $80,000 Total C onstruction Estimate $ 980,000 Estimated Project Funding Water C apital Outlay & Consultant Budgets $ 980,000 Total Estimated Funding $ 980,000 AT TAC HM E NT S : Resolution CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION DIRECTING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROJECT 2020-113, LONGRIDGE RESERVOIR REHABILITATION WHEREAS, the City’s Capital Improvements Program identifies Longridge Reservoir Rehabilitation; and WHEREAS, the City Council has reviewed the scope of proposed improvements associated with the Longridge Reservoir Rehabilitation; and WHEREAS, the City Council considers it to be in the best interest of the City to begin the process of information gathering and have plans and specifications prepared for said improvements scheduled for construction in the year 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that: 1. Project No. 2020-113, Longridge Reservoir Rehabilitation is hereby established. 2. Staff is directed to conduct preliminary field work and solicit quotes to prepare plans and specifications. 3. Estimated project costs and proposed funding for the project are authorized as follows: Estimated Project Costs: Project 2020-113 5320.6735/6235 Construction Cost $ 850,000 Construction Contingency 50,000 Sub-Total Estimate $ 900,000 Design & Inspection Services $80,000 Total Construction Estimate $ 980,000 Estimated Project Funding Water Capital Outlay & Consultant Budgets $ 980,000 Total Estimated Funding $ 980,000 ADOPTED this 26th day of November 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: __________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.I . C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A pprove Acceptance and Final P ayment on Agreement with Comlink Midwest, L L C, for Project 2018-117, Fiber Optic Extension to Water Towers S taff Contact: Matt Saam, Public Works Director Department / Division: P ublic Works Department AC T I O N RE Q UE S T E D: Approve acceptance and final payment on the agreement with C omlink Midwest, LLC , for Project 2018-117, Fiber Optic Extension to Water Towers, in the amount of $12,348.20 for a contract total of $50,124.00. S UM M ARY: Attached please find the third and final payment for Project 2018-117, Fiber Optic Extension to Water Towers. All public improvements associated with the project are complete and in acceptable condition to become public infrastructure of the City. T his final payment of $12,348.20, will close the agreement with C omlink Midwest, LLC , and result in a total construction cost of $50,124.00, which matches the original contract amount. B AC K G RO UND: On February 22, 2018, the C ity C ouncil approved an agreement with C omlink Midwest, LLC for Project 2018-117, Fiber O ptic Extension to Water Towers, in the amount of $50,124.00. On September 28, 2017, the C ity C ouncil approved an agreement with Elert & Associates Networking Division, Inc., for fiber optic consulting services. B UD G E T I M PAC T: Funding for the project is from funds allocated for the water meter replacement project in the water utility fund. AT TAC HM E NT S : F inal Pay Documents I T E M: 4.J . C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A pprove P ersonnel Report S taff Contact: Melissa Haas, Human Resources Manager Department / Division: Human Resources Division AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City C ouncil Approval. B AC K G RO UND: T he City Council's approval of the Personnel Report includes the ratification of the City Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S : Personnel Report PERSONNEL REPORT November 26, 2019 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate Pay Type Pay Scale Date (on or about) Emma Dodge Rehire Facility Attendant - Ice Guard/Concessions Casual, Variable Hour 52052 $ 10.80 Hourly C-01 11/23/2019 Joshua Gaffke Fire Officer Assignment Fie Lieutenant Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 12/1/2019 Richard Glewwe Acting Assignment Working Foreman Full-Time, Regular 1710 $ 33.86 Hourly UMW 12/7/2019 Matthew Karnick Fire Officer Assignment Fire Captain Paid on Call Volunteer 1300 $ 16.50 Hourly FIRE 12/1/2019 Roberto Osorio-Cintron Hire Sales Clerk Casual, Variable Hour 5090 $ 12.00 Hourly L-1 11/22/2019 Kathelyn Rainwater Hire Elections Assistant Casual, Variable Hour 1015 $ 16.00 Hourly C-10 1/15/2020 Kai Thompson Hire Ice Resurfacer Casual, Variable Hour 5205 $ 14.10 Hourly C-06 11/23/2019 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the employment of the City personnel. Page 1 of 1 I T E M: 4.K. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Consent A genda Description: A pprove Claims and B ills S taff Contact: Ron Hedberg, Finance Director Department / Division: Finance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND: N/A B UD G E T I M PAC T: Check registers dated November 6, 2019, and November 13, 2019, in the amounts of $691,828.16, and $793,024.21, respectively. AT TAC HM E NT S : Claims and Bills Claims and Bills I T E M: 5.A. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Regular A genda Description: P resentation of Minnesota S ection American Water Works A ssociation Operator Meritorious Award to Roger Dingman S taff Contact: Carol Blommel J ohnson, Public Works Superintendent - Utilities Department / Division: Utilities Division AC T I O N RE Q UE S T E D: N/A S UM M ARY: Minnesota Section A merican Water Works Association (AWWA) representatives Bill Schluenz, C hair (C ity of Waite Park) Bert Tracy, Award Committee C o-C hair (Metropolitan Council), Eric Volk, Past C hair and Director Elect (C ity of New Brighton), and C arol Blommel J ohnson (C ity of Apple Valley) request that Roger Dingman be recognized as a recipient of the Section's Operator Meritorious Award with a formal presentation of the award at the C ity Council meeting. B AC K G RO UND: T he Operator Meritorious Award was presented to Roger Dingman at the Minnesota Section American Water Works Association (AWWA) annual conference in Duluth this September. Each year, the Operator Meritorious Award is presented to an operator to recognize outstanding performance of employees who provide continuous compliance with all public health standards in treated drinking water; maintenance and upkeep of plant equipment, distribution lines, pump station and reservoirs; training of treatment plant operators; and development of new equipment or processes for more efficient water treatment. Roger began his career with the City of Apple Valley in 1990 and has been the primary water plant operator for the past 15 years. He played a key role in the water treatment plant (WT P) expansion and upgrade project completed in 2015. His dedication to the C ity and its residents is outstanding. B UD G E T I M PAC T: N/A I T E M: 5.B. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Regular A genda Description: Renewal of On-Sale L iquor and W ine L icenses for 2020 S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: 1. Hold public hearing on all On-Sale licenses (including 3.2 Percent Malt Liquor). 2. Adopt resolutions renewing On-Sale Intoxicating Liquor, On-Sale Club Intoxicating Liquor, On-Sale C oncessionaire Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses for 2020. S UM M ARY: Section 111.24(B)(2) of the City C ode requires the C ity Council hold a public hearing on all On-Sale liquor renewal applications. O n-Sale licenses include On-Sale Intoxicating Liquor, On-Sale C lub Intoxicating Liquor, On-Sale Concessionaire Intoxicating Liquor, Special Licenses for Sunday Liquor Sales, On-Sale Wine, and On-Sale 3.2 Percent Malt Liquor. A list of the licensees that have submitted renewal applications for 2020 is attached. T he Council will hold a public hearing to consider the renewal applications for the licensees on this list at its meeting on November 26, 2019. Subject to any comments that might be received during the hearing, the C ouncil may conditionally authorize renewal of the On-Sale Intoxicating Liquor licenses, Special Licenses for Sunday Liquor Sales, and On-Sale Wine licenses. T he C ity C ode requires final payment of license fees and insurance documents to be submitted by D ecember 15. T he actual licenses will not be issued until all of the documents are received and fees are paid. Resolutions will be prepared for each of the On-Sale Intoxicating Liquor and Wine licenses documenting the conditions of approval (sample forms are attached). No action regarding On-Sale 3.2 Percent Malt Liquor will be requested on November 26, 2019. Authorization to renew both On-Sale and O ff-Sale 3.2 Percent Malt Liquor licenses will be requested at the December 12, 2019, C ity Council meeting. B AC K G RO UND: T he Police and Fire Departments have reviewed the list of licensees and find nothing that would preclude the licenses from being renewed. T he Finance Department checked the Dakota C ounty records system and confirms all property taxes are current on properties owned by the licensees. None of the licensees are on the delinquent taxpayers list provided by the Minnesota Department of Revenue as posted on the A lcohol and Gambling Enforcement Division’s website. In addition, requests have been made to the Minnesota Department of Health and the Minnesota Department of Agriculture to confirm the licensees are in compliance and in good standing. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Background Material Resolution Resolution Resolution Resolution CITY OF APPLE VALLEY 2020 ON-SALE LIQUOR, WINE, AND 3.2 % MALT LIQUOR LICENSE RENEWALS On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Minnesota, LLC, d/b/a Applebee’s Neighborhood Grill & Bar, 14678 Cedar Avenue 2. Apple Valley Grill, LLC, d/b/a Wild Bill’s Sports Saloon, 15020 Glazier Avenue 3. Blazin Wings, Inc., d/b/a Buffalo Wild Wings, 14658 Cedar Avenue, Suite D 4. CCH, LLC, d/b/a Celts Craft House, 7083 153rd Street W., Suite 1 5. DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House, 15668 Pilot Knob Road 6. El Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant, 6670 150th Street W., Suite 106 7. LoKo Bowling, Inc., d/b/a Bogart’s Entertainment Center, 14917 Garrett Avenue 8. LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar & Grill, 7721 147th Street W. 9. MJA Restaurants Apple Valley, LLC, d/b/a PR's Sports Bar, 14889 Florence Trail 10 M, S & R, III, LLC, d/b/a Masu Sushi and Noodle, 14638 Cedar Avenue, Suite C 11. Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse, 7537 148th Street W., Suite A 12. PBAV-Sanders, LLC, d/b/a Panino Brothers, 15322 Galaxie Avenue, Suite 108 13. Pear One, Inc., d/b/a The Pear at Valleywood, 4851 McAndrews Road 14. Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers & Brews, 15560 Cedar Avenue 15. Vivo Restaurants, LLC, d/b/a Vivo, 15435 Founders Lane 16. Wadsworth Old Chicago, Inc., d/b/a Old Chicago, 14998 Glazier Avenue Club On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Apple Valley American Legion, Post 1776, 14521 Granada Drive Concessionaire On-Sale Intoxicating Liquor & Special License for Sunday Liquor Sales: 1. Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard On-Sale Wine: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 4. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 On-Sale 3.2 Percent Malt Liquor: 1. Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill, 7638 150th Street W. 2. D & D of Minnesota, Inc., d/b/a Famous Dave’s BBQ Shack, 7593 147th Street W. 3. Ooka Bistro, Inc., d/b/a Ooka, 6520 150th Street W., Suite 400 4. Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger #1317, 7394 153rd Street W., Suite 100 5. Super World, Inc., d/b/a Super World Buffet, 15050 Cedar Avenue, Suite 111 SAMPLE LIQUOR CITY OF APPLE VALLEY RESOLUTION NO. 2019-____ A RESOLUTION RENEWING LIQUOR LICENSE FOR WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 26, 2019, with respect to renewal of the liquor licenses for the year 2020 for ____________________ d/b/a ________________ at __________________; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for “On-Sale Intoxicating Liquor” and for “Special License for Sunday Liquor Sales” to d/b/a , for the premises at ________________, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The effective date of this license shall be January 1, 2020. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o’clock p.m., December 31, 2020. A renewal application must be received on or before October 1, 2020, pursuant to City Code Section 111.23(B). ADOPTED this 26th day of November, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION RENEWING LIQUOR LICENSE FOR AMERICAN LEGION, POST 1776 WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 26, 2019, with respect to renewal of the liquor license for the year 2020 for Apple Valley American Legion, Post 1776, 14521 Granada Avenue; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for "On-Sale Club Intoxicating Liquor" and for "Special License for Sunday Liquor Sales" to Apple Valley American Legion, Post 1776, for the premises at 14521 Granada Avenue, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. Approval of the On-Sale Club Intoxicating Liquor License by the Minnesota Commissioner of Public Safety. D. The effective date of this license shall be January 1, 2020. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m. December 31, 2020. A renewal application must be received on or before October 1, 2020, pursuant to City Code Section 111.23(B). ADOPTED this 26th day of November, 2019. ________________________________ Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk CITY OF APPLE VALLEY RESOLUTION NO. 2019- A RESOLUTION RENEWING LIQUOR LICENSE FOR LANCER FOOD SERVICE WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 26, 2019, with respect to renewal of the liquor license for the year 2020 for Lancer Food Service, Inc., d/b/a Lancer Food Service, 13000 Zoo Boulevard; and WHEREAS, the City Council has reviewed the application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve issuance of a "Concessionaire On-Sale Intoxicating Liquor License" to Lancer Food Service, Inc., d/b/a Lancer Food Service, for premises at 13000 Zoo Boulevard, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. The effective date of this license shall be January 1, 2020. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o'clock p.m. December 31, 2020. A renewal application must be received on or before October 1, 2020, pursuant to City Code Section 111.23(B). ADOPTED this 26th day of November, 2019. Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk SAMPLE WINE CITY OF APPLE VALLEY RESOLUTION NO. 2019-____ A RESOLUTION RENEWING WINE LICENSE FOR WHEREAS, the City Council, pursuant to City Code Section 111.24(B)(2)(c) held a public hearing on November 26, 2019, with respect to renewal of the wine license for the year 2020 for _________________ d/b/a __________________ at __________________; and WHEREAS, the City Council has reviewed the renewal application as it is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. To grant and approve a license for “On-Sale Wine” to d/b/a ________________, for the premises at ________________, subject to: A. All terms and conditions of City Code Chapter 111, as amended. B. The right of the City Council to require, at its sole discretion, the presence of peace officers during any hours of operation at the sole cost and expense of the licensee. C. Approval of the On-Sale Wine license by the Minnesota Commissioner of Public Safety. D. The effective date of this license shall be January 1, 2020. 2. The Mayor and City Clerk are hereby authorized to execute said license. 3. This license shall expire at 11:59 o’clock p.m., December 31, 2020. A renewal application must be received on or before October 1, 2020, pursuant to City Code Section 111.23(B). ADOPTED this 26th day of November, 2019. Mary Hamann-Roland, Mayor ATTEST: Pamela J. Gackstetter, City Clerk I T E M: 5.C. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Regular A genda Description: A dopt Resolution A pproving Findings of Fact, Conclusions and Decision for S ign Variance for A spen Dental, on L ot 1, B lock 2, Apple Valley Commercial Addition (14750 Cedar Avenue) S taff Contact: K athy Bodmer, A I C P, Planner Department / Division: Community Development Department Applicant: Chandler S igns/S igncrafters Outdoor and 14750 Cedar, L L C P roject Number: P C19-19-V Applicant Date: 10/21/2019 60 Days: 12/20/2019 120 Days: 2/18/2020 AC T I O N RE Q UE S T E D: Adopt the resolution approving the Findings of Fact, Conclusions and Decision for sign variance for Aspen Dental, 14750 C edar Avenue (Lot 1, Block 2 Apple Valley C ommercial Addition). S UM M ARY: Chandler Signs, and their local contractor, Sign Crafters, the applicants on behalf of Aspen Dental, and the property owner, 14750 Cedar, LLC , request consideration of a sign variance for Aspen Dental in the new Apple Valley C rossroads building, 14750 Cedar Ave (former Ryan Real Estate). Under the current provisions C urrently, Aspen Dental would be allowed to construct a 40 sq. ft. sign on the east, north and west elevations of the building. T he petitioners request a variance to increase the size of the sign from 40 sq. ft. to 57 sq. ft. on the three building elevations. T he Aspen Dental space is 3,500 sq. ft. At 1 sq. ft. sign for 100 sq. ft. floor area, they would be allowed 35 sq. ft. sign, or up to the minimum of 40 sq. ft. on the east, north and west elevations. T he Aspen Dental sign contains an ascending "A" and a descending "p" that require a larger sign area "box". T he requested sign measures 39" tall by 17' 6" wide for a total sign area of 57 sq. ft. when a box is drawn around the letters. T he applicants show that reducing the box height from 39" to 31" results in a sign area of 38 sq. ft. which would comply with the sign code requirement. T he sign permitted on the primary face of the building may be repeated on the other two building faces. To evaluate the request, the petitioners submitted elevation drawings that show two signs on each elevation for the east (primary face), north and west elevations. T he top sign is the requested sign at 57 sq. ft. and the second sign is the 38 sq. ft. sign that meets the area requirements of the Sign Code. Variance Standard: In order to grant a variance, the C ity considers the following factors taken from State Statute to determine whether the applicant established that there are practical difficulties in complying with the provisions of the City C ode: 1. Special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; 2. T he special conditions and circumstances do not result from the actions of the applicant; 3. A literal interpretation of the provisions of these regulations would depriv e the applicant of rights commonly enjoyed by other properties in the same district and the terms of these sign regulations; 4. T hat granting the variance requested would not confer on the applicant any special priv ile ge for a use not common to other lands, structures or buildings in the same district; and 5. T he proposed use of the property shall have an appearance that will not hav e an adv erse effect upon adjacent properties and there will be no deterrence to development of vacant land. Petitioner's Narrative: T he petitioner's narrative explains that with the main entry of the building off of Glazier Ave, the taller letters allow 200 additional feet of reaction time. Taller letters allow faster recognition and therefore promote traffic safety. T he property shape and larger than typical setbacks warrant a larger sign. Last, taller letters are also more legible for elderly patients and are more visible within a motorist's "cone of vision." Staff Review and Response: T he new C rossroads building will be constructed closer to the Cedar Ave right-of-way line than the former Ryan building was. As a result, Staff does not find the shape of the property or the setbacks to be a factor in the size of the signs requested. T he former building had the same sign requirements as the new building. To some extent, the applicant and the building owner have the opportunity, with new construction, to modify the size of the suite space, or the elevation, or both. T he applicant has the ability to make modifications to address issues under new construction to meet the tenant's needs. Staff does not believe that the petitioner would be deprived of any rights enjoyed by others in the district as nearby dental offices must following the same sign requirements. Staff is concerned that granting the variance would confer a special privilege on this user since other sign variances have not been requested in this district. While the larger letters look more proportional within the elevation area, the 31" tall sign does not look out of scale with the building or the façade. In other words, the sign that is permitted under the Sign C ode is clearly visible and may be installed on three building elevations. Extra reaction time is beneficial, but a dental visit is not a drive-by impulse purchase. Staff does not believe that the petitioner has a unique circumstance that would warrant the granting of the variance. B AC K G RO UND: P lanning Commission Action: At its meeting of November 6, 2019, the Planning Commission voted 0 to 4 to approve a variance to increase the size of the A spen Dental building signs from 40 sq. ft. to 57 sq. ft. (effectively recommending denial). T he Planning Commission found that the petitioner had not met the test for a practical difficulty. T he Planning C ommission stated that the applicant chose its own font and that the City Sign C ode clearly explains how the sign area is calculated. While the larger sign may be more aesthetic within the building elevation, they did not find that a practical difficulty had been established which would justify the granting of the variance. Last, while the variance was only requested to allow for two small areas of encroachment, it may set precedent for the next business who would want to max out the sign provisions. Attached are two resolutions for consideration. The first is a resolution of denial of the v ariance consistent with the P lanning Commission recommendation. I f the City Council wishes to approv e the v ariance, the second resolution approv es the v ariance request. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Resolution Resolution L ocation Map Applicant L etter Plan S et Ordinance Presentation TO DENY SIGN VARIANCE 1 CITY OF APPLE VALLEY RESOLUTION NO. 2019 - ___ FINDINGS OF FACT, CONCLUSIONS, & DECISION FOR DENIAL ASPEN DENTAL SIGN VARIANCE WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, sign regulations to control the installation of signs in the City to permit businesses a reasonable and equitable opportunity to identify themselves, to ensure that signs in the City shall not create a safety hazard and to preserve and protect the value of land and buildings; and WHEREAS, pursuant to the City’s sign regulations, no variance may be granted unless the Council shall find that special conditions exist which are peculiar to the land, structure, building involved and which are not applicable to other lands, structures or buildings in the same district; the special conditions and circumstances do not result from the actions of the applicant; a literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district; that the granting of the variance would not confer any special privilege for a use not common to other lands, structures or buildings in the same district; the proposed use of the property shall have an appearance that will not have an adverse effect upon adjacent properties; and any proposed signage beyond the maximum square footage permitted would have the primary function of providing a public service; and WHEREAS, pursuant to the City’s regulations, variances may be denied by the City Council and the denial shall constitute a finding and determination that the conditions required for approval did not exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following FINDINGS OF FACT are hereby adopted: 1. That an application for a variance (hereinafter referred to as the Project) was submitted to the City by Chandler Signs/Signcrafters Outdoor and 14750 Cedar, LLC, (hereinafter referred to as Applicants), for the property, the Apple Valley Crossroads building, addressed as 14750 Cedar Avenue and legally described as Lot 1, Block 2, Apple Valley Commercial Addition (hereinafter referred to as the Premises.) 2. That the Premises is zoned Planned Development No. 290, Zone 5, which is a limited business use; and 3. That the Project is in connection with the use of a permitted dental office on the premises. 4. The suite upon the Premises for which the Project is requested is 3,500 sq. ft. and under the City Code the Applicants may install a 40 sq. ft. building sign on the east, north and west building elevations. 5. That the Project requests a variance to increase the allowable building sign area from 40 sq. ft. to 57 sq. ft. on the east, north and west building elevations. 6. That the Apple Valley Planning Commission reviewed the Project at its public meeting held on November 6, 2019, at which City Staff, and representatives of the Applicants were TO DENY SIGN VARIANCE 2 present to give testimony and answer questions concerning the Project, as documented in the official minutes of the proceedings. 7. That a motion to recommend approval of the Applicants’ Project failed on a vote of 0 to 4 (effectively recommending denial) on November 6, 2019, as documented in the minutes of the Planning Commission meeting. 8. That the Apple Valley City Council received the recommendation of the Planning Commission and reviewed the Project, including staff reports and other background material contained within the record, at its meeting of November 26, 2019, and considered the draft FINDING OF FACT, CONCLUSION AND DECISION for adoption, as documented in the official minutes of said proceedings. 9. The Apple Valley City Council makes the following findings of facts: a. § 154.02 Definitions states that the area of a sign is calculated by measuring “that area which is included in the smallest rectangle which can be made to circumscribe any message, figure or symbol displayed thereon.” b. When the “smallest rectangle” is drawn around the proposed sign, the sign measures 39” tall by 17’6” or 57 sq. ft. which exceeds the allowable sign area by 17 sq. ft. c. When the height of the “smallest rectangle” is reduced from 39” tall to 31” tall, the total sign area measures 31” tall by 14’4” or 38.1 sq. ft. which would comply with the requirements of the sign code. d. Elevation drawings were submitted which show both the 39” tall and 31” tall signs. The drawings show that the 31” tall sign remains legible and does not look out of scale or proportion with the building elevation. Thus, the Applicants have a reasonable alternative to the variance. e. The Applicants are the first tenants in the newly constructed building which allows additional flexibility to meet the tenant’s needs. f. The building on the Premises is located closer to Cedar Avenue than the previous building, making the signs more visible than were signs on the the previous building. The size of the Premises and the required setbacks are not a factor in the sign variance request. g. Visits to a dental office are most often a scheduled appointment rather than “impulse” purchase or spontaneous visit. Therefore, clients are more likely to plan their route before their appointment. h. Granting the sign variance may confer a special privilege for the Applicants because other dental clinics within this zoning district have not obtained sign variances. i. Applicants have not met the requirements listed in § 155.07(F)(1)(a through e) which would justify the granting of the variance. TO DENY SIGN VARIANCE 3 BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following CONCLUSIONS are hereby adopted: 1. That the matter concerning this PROJECT is properly before the Apple Valley City Council. 2. That the City Council finds that the special conditions required for approval of a sign variance have not been met.. BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following DECISION is hereby adopted: 1. That the request for a sign variance is hereby denied. ADOPTED this 26th day of November, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ___th day of ____, 2019. ________________________________ Pamela J. Gackstetter, City Clerk TO APPROVE SIGN VARIANCE 1 CITY OF APPLE VALLEY RESOLUTION NO. 2019 - ___ FINDINGS OF FACT, CONCLUSIONS, & DECISION FOR APPROVAL ASPEN DENTAL SIGN VARIANCE WHEREAS, pursuant to Minnesota Statutes 462.357 the City of Apple Valley has adopted, as Title XV of the City Code of Ordinances, sign regulations to control the installation of signs in the City to permit businesses a reasonable and equitable opportunity to identify themselves, to ensure that signs in the City shall not create a safety hazard and to preserve and protect the value of land and buildings; and WHEREAS, pursuant to the City’s sign regulations, no variance may be granted unless the Council shall find that special conditions known as practical difficulties exist that are mentioned in State Statute; and WHEREAS, pursuant to the City’s regulations, variances may be approved by the City Council where an exception would not be inconsistent with the intent of the sign regulations and when the conditions of § 154.07(F)(1)(a through e) exist. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following FINDINGS OF FACT are hereby adopted: 1. That an application for a variance (hereinafter referred to as the Project) was submitted to the City by Chandler Signs/Signcrafters Outdoor and 14750 Cedar, LLC, (hereinafter referred to as Applicants), for the property, the Apple Valley Crossroads building, addressed as 14750 Cedar Avenue and legally described as Lot 1, Block 2, Apple Valley Commercial Addition (hereinafter referred to as the Premises.) 2. That the Premises is zoned Planned Development No. 290, Zone 5, which is a limited business use; and 3. That the Project is in connection with the use of a permitted dental office on the Premises. 4. That the suite upon the Premises for which the Project is requested is 3,500 sq. ft., and under the City Code, the Applicants may install a 40 sq. ft. building sign on the east, north and west building elevations. 5. That the Project requests a variance to increase the allowable building sign area from 40 sq. ft. to 57 sq. ft. on the east, north and west building elevations. 6. That the Apple Valley Planning Commission reviewed the Project at its public meeting held on November 6, 2019, at which City Staff, and representatives of the Applicants were present to give testimony and answer questions concerning the Project, as documented in the official minutes of the proceedings. 7. That a motion to recommend approval of the Applicants’ Project failed on a vote of 0 to 4 (effectively recommending denial) on November 6, 2019, as documented in the minutes of the Planning Commission meeting. TO APPROVE SIGN VARIANCE 2 8. That the Apple Valley City Council received the recommendation of the Planning Commission and reviewed the Project, including staff reports and other background material contained within the record, at its meeting of November 26, 2019, and considered the draft FINDING OF FACT, CONCLUSION AND DECISION for adoption, as documented in the official minutes of said proceedings. 9. The Apple Valley City Council makes the following findings of facts: a. § 154.02 Definitions states that the area of a sign is calculated by measuring “that area which is included in the smallest rectangle which can be made to circumscribe any message, figure or symbol displayed thereon.” b. When the “smallest rectangle” is drawn around the proposed sign, the sign measures 39” tall by 17’6” or 57 sq. ft. which exceeds the allowable sign area by 17 sq. ft. c. When the height of the “smallest rectangle” is reduced from 39” tall to 31” tall, the total sign area measures 31” tall by 14’4” or 38.1 sq. ft. which would comply with the requirements of the sign code. d. Elevation drawings were submitted which show both the 39” tall and 31” tall signs. The drawings show that the 31” tall sign remains legible and does not look out of scale or proportion with the building elevation. e. The construction of the Premises is the redevelopment of the former Ryan Real Estate building. The approved redevelopment plans required removing an access point from 147th Street West and relocating it to the east side of the parcel from Glazier Ave. f. The building on the Premises is located 43’ closer to Cedar Avenue than the previous building, making the signs more visible. g. Applicants are the first tenants in the newly constructed building which allows additional flexibility to meet the tenant’s needs. h. A larger sign would provide vehicles with improved visibility and additional reaction time which would help to improve traffic flow on Cedar Avenue and 147th Street West. i. Applicants have met the conditions for approval of a variance in accordance with State Statutes. BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following CONCLUSIONS are hereby adopted: 1. That the matter concerning this Project is properly before the Apple Valley City Council. 2. That the City Council finds that the conditions required for approval of a sign variance have been met. TO APPROVE SIGN VARIANCE 3 BE IT FURTHER RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that the following DECISION is hereby adopted: 1. That the request for a sign variance is hereby approved. ADOPTED this 26th day of November, 2019. __________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk CERTIFICATE I, Pamela Gackstetter, City Clerk, hereby certify that the above resolution is a true and correct copy of a resolution adopted by the City Council of the City of Apple Valley, Dakota County, Minnesota, on the ___th day of ____, 2019. ________________________________ Pamela J. Gackstetter, City Clerk "W"W SITE 147TH ST W 150TH ST WCEDAR AVEGLENDA DR1 4 9 T H S T W GLAZIER AVEGRANADA AVE148TH ST W 146TH ST W FRONTAGE RDGRANADA DRUPPER 146TH ST W GLEASON PATHCEDAR AVE150TH ST W GLAZIER AVEASPEN DENTALSIGN VARIANCE µ LOCATION MAP ^ October 1, 2019 City of Apple Valley Planning and Development Department City of Apple Valley, MN RE: Aspen Dental – Special Variation Request (7524 State Ave.) Aspen Dental is one of the largest and fastest-growing dental care providers in the United States. With more than 500 locations in 22 states, their practices offer patients a full range of denture and dental services. Aspen Dental practices are committed to providing patients with affordable, high-quality care, and they are anxious to become an active and responsible participant in the local business community within the City of Apple Valley. We have reviewed the zoning regulations and Sign Ordinance, and have had conversations with members of the permitting staff to ensure that we fully understand the zoning restrictions and potential of these restrictions upon this location. Based on our review, we are respectfully submitting this request for the approval of the following Variation: • DM-33 wall sign (57 sf) on the West Elevation • DM-33 wall sign (57 sf) on the East Elevation • DM-33 wall sign (57 sf) on the North Elevation This equates to 17 sf of additional signage on each elevation over the allowed 40 sf per elevation. NARRITIVE OF OUR VARIANCE REQUEST Aspen Dental will occupy approximately 3,500 square feet of this multi-tenant building. Allowing the additional square footage increases awareness as customer approach and allow them to safety turn into the property. Quicker recognition allows for greater reaction times which translates into a safer intersection. Since the main entry into the property is actually off of Glazier Ave, the 6” taller signs would allow an additional 200 feet of reaction time to turn there instead of passing that intersection and approach Cedar Ave in confusion. The larger letters would also help to offset the property shape and larger than normal setbacks from property lines and thus right of ways. The additional sign area is necessary or desirable for public information or safety As many of Aspen Dental’s patients are elderly, we strive to avoid any potential safety hazards. Based on national letter legibility charts, our request for additional square footage will allow for better recognition of the office. The United States Sign Council has completed extensive research into the legibility of on- premise signs, motorist reaction times and determination of legibility. “Detecting and reading a roadside on-premise sign by a motorist involves a complex series of sequentially occurring events, both mental and physical. They include message detection and processing, intervals of eye and/or head movement alternating between the sign and the road environment, and finally, active maneuvering of the vehicle (such as lane changes, deceleration, and turning into a destination) as required in response to the stimulus provided by the sign. Complicating this process is the dynamic of the viewing task, itself, involving the detection of a sign through the relatively constricted view provided by the windshield of a rapidly moving vehicle, with the distance between the motorist and the sign quickly diminishing. Perpendicular signs… are generally placed close to property lines and fall into the motorist’s so-called “cone of vision”, which is a view down the road encompassing ten degrees to the right or left of the eye, or twenty degrees total view angle. Signs falling within this cone can usually be viewed comfortably without excessive eye or head movement, and generally can be kept in the motorist’s line-of-sight from the time they are first detected until they are passed. In the case of signs parallel to the motorist’s view, detecting and reading a sign is generally restricted to quick sideways glances as the sign is approached and the angle of view becomes more constricted. Because of this, the Viewer Reaction Time (VRT) involving these signs is, at best, necessarily compromised. Compensation for this reduction in the time frame involved in detecting and reading parallel signs is made through increases in letter height and size designed to facilitate rapid glance legibility. Viewer Reaction Time for vehicles traveling under 35 miles per hour in simple two to three lane environments is estimated at 8-9 seconds to safely detect and process signage and maneuver to exit. A vehicle traveling at 30 miles per hour covers 44 feet per second; therefore, a minimum of 352 feet is needed from the time the sign is detected to exiting when only the minimum letter height is utilized. Adding the 150’ building setback at this location, plus the 250’ distance to the driveway entrance=400’. Per the standard Distance & Visibility Chart below, the sign height recommended for best impact at 360 feet is 36” and for 420’ is 42” WILL GRANTING THE VARIANCE CHANGE THE ESSENTIAL CHARACTER OF THE AREA? No, it will not. With the increased awareness, it will make ingress into the property safer. For the above reasons, we feel that our request is reasonable, does not negatively impact the surrounding retail business and restaurants, and improves the safety of patients traveling to this business. We respectfully request your approval of Aspen Dental‘s proposed signage and thank you for your consideration. Thank you, Fred Finch Chandler Signs 14201 Sovereign Rd. #101 Fort Worth, TX 76155 Office: 214-902-2000 x 6537 / Mobil: 972-740-1751 71 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA SIGN C SIGN C Type: Illumination: Sq Ft: Type: Illumination: Sq Ft: DM-33 YES 57.0 DM-27 YES 38.1 DM-33 DM-33 SIGN B SIGN B Type: Illumination: Sq Ft: Type: Illumination: Sq Ft: DM-33 YES 57.0 DM-27 YES 38.1 DM-33 DM-33 SIGN A SIGN A OPTION 1: OPTION 2: Type: Illumination: Sq Ft: Type: Illumination: Sq Ft: DM-33 YES 57.0 DM-27 YES 38.1 DM-33 DM-33 SITE PLAN A B C 72 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA Allowable Sq Ft this elevation: Actual Sq Ft proposed: 40 57.0 SIGN A Type: Illumination: Sq Ft: DM-33 YES 57.0 DM-33 183'-0" PROPOSED WEST ELEVATION -OPTION 1: DM-33 SCALE: 3/32" = 1'-0" 40'-0" DEMISING WALL CL MANUFACTURE & INSTALL ONE [1] DM-33 CHANNEL LETTER SET KEEP LANDLORD PROVIDED HYPER BLUE AWNINGS 17'-6⅜" A SIGN A Type: Illumination: Sq Ft: DM-27 38.1 DM-27 183'-0" PROPOSED WEST ELEVATION -OPTION 2: DM-27 SCALE: 3/32" = 1'-0" 40'-0" DEMISING WALL CL MANUFACTURE & INSTALL ONE [1] DM-33 CHANNEL LETTER SET KEEP LANDLORD PROVIDED HYPER BLUE AWNINGS A 14'-4⅛" Allowable Sq Ft this elevation: Actual Sq Ft proposed: 40 38.1 CHANNEL LETTERS WILL REQUIRED 5/8" PLYWOOD BLOCKING UNLESS INSTALLED ON CONCRETE BLOCK OR BRICK WITH A MIN. 1/2" PLYWOOD BEHIND THE BRICK CHANNEL LETTERS WILL REQUIRED 5/8" PLYWOOD BLOCKING UNLESS INSTALLED ON CONCRETE BLOCK OR BRICK WITH A MIN. 1/2" PLYWOOD BEHIND THE BRICK 73 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA Allowable Sq Ft this elevation: Actual Sq Ft proposed: 40 57.0 183'-0" SCALE: 3/32" = 1'-0" 35'-6" CLSIGN B Type: Illumination: Sq Ft: DM-33 YES 57.0 DM-33 PROPOSED EAST ELEVATION -OPTION 1: DM-33 MANUFACTURE & INSTALL ONE [1] DM-33 CHANNEL LETTER SET KEEP LANDLORD PROVIDED HYPER BLUE AWNINGS 17'-6⅜" B Allowable Sq Ft this elevation: Actual Sq Ft proposed: 40 38.1 183'-0" SCALE: 3/32" = 1'-0" 35'-6" CL SIGN B Type: Illumination: Sq Ft: DM-27 YES 38.1 DM-27 PROPOSED EAST ELEVATION -OPTION 2: DM-27 MANUFACTURE & INSTALL ONE [1] DM-33 CHANNEL LETTER SET KEEP LANDLORD PROVIDED HYPER BLUE AWNINGS B 14'-4⅛" CHANNEL LETTERS WILL REQUIRED 5/8" PLYWOOD BLOCKING UNLESS INSTALLED ON CONCRETE BLOCK OR BRICK WITH A MIN. 1/2" PLYWOOD BEHIND THE BRICK CHANNEL LETTERS WILL REQUIRED 5/8" PLYWOOD BLOCKING UNLESS INSTALLED ON CONCRETE BLOCK OR BRICK WITH A MIN. 1/2" PLYWOOD BEHIND THE BRICK 74 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA Allowable Sq Ft this elevation: Actual Sq Ft proposed: 40 57.0 SCALE: 3/32" = 1'-0" SIGN C Type: Illumination: Sq Ft: DM-33 YES 57.0 DM-33 CL 62'-0" PROPOSED NORTH ELEVATION -OPTION 1: DM-33 MANUFACTURE & INSTALL ONE [1] DM-33 CHANNEL LETTER SET KEEP LANDLORD PROVIDED HYPER BLUE AWNINGS 36'-6" C 17'-6⅜" C Allowable Sq Ft this elevation: Actual Sq Ft proposed: 40 38.1 SCALE: 3/32" = 1'-0" SIGN C Type: Illumination: Sq Ft: DM-27 38.1 DM-27 CL 62'-0" PROPOSED NORTH ELEVATION -OPTION 2: DM-27 MANUFACTURE & INSTALL ONE [1] DM-33 CHANNEL LETTER SET KEEP LANDLORD PROVIDED HYPER BLUE AWNINGS 36'-6" C 14'-4⅛" CHANNEL LETTERS WILL REQUIRED 5/8" PLYWOOD BLOCKING UNLESS INSTALLED ON CONCRETE BLOCK OR BRICK WITH A MIN. 1/2" PLYWOOD BEHIND THE BRICK CHANNEL LETTERS WILL REQUIRED 5/8" PLYWOOD BLOCKING UNLESS INSTALLED ON CONCRETE BLOCK OR BRICK WITH A MIN. 1/2" PLYWOOD BEHIND THE BRICK 75 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA CBA 17'-6⅜" SCALE: 1/2" = 1'-0"OPTION 1:FACE-LIT CHANNEL LETTER ID# DM-33 THREE [3] SETS REQUIRED - MANUFACTURE & INSTALL 57.0 Sq.Ft. EACH SET ALUMINUM BRIDGE TO SEPARATE UPPER & LOWER SECTIONS OF “A” CHANNEL LETTERS WILL REQUIRE 5/8" PLYWOOD BLOCKING UNLESS TO BE INSTALLED ON CONCRETE BLOCK OR BRICK - TO BE PROVIDED BY LANDLORD 3/16" = 1" 5" FACE-LIT CHANNEL LETTER SECTION DIRECT-MOUNT - REMOTE POWER SUPPLIES .040" PREFORMED ALUMINUM CHANNEL LETTERS PREFINISHED BLACK - INSIDE PREFINISHED LIGHT-ENHANCING WHITE 1" WHITE JEWELITE RETAINER #7328 WHITE PLEXIGLAS FACES - “Aspen” TO HAVE 1st SURFACE 3M 3630-167 “BRIGHT BLUE” VINYL OVERLAYS LEAVING WHITE OUTLINE BORDER SEE NOTE FOR ALUM. BRIDGE @ LETTER “A” PRINCIPAL STREET FIGHTER 7000k WHITE LED ILLUMINATION PAIGE “RIP STRIP” 18AWG 2NDARY WIRE THRU PAIGE “WALL BUSTER” PLASTIC PASS-THRU TO WEATHERPROOF SPLICE BOX & GE LED POWER SUPPLY IN PAIGE BOX BEHIND WALL - : PRIMARY ELECTRICALNOTE CONNECTION BY OTHERS MOUNT FLUSH TO FASCIA w/ NON-CORROSIVE FASTENERS AS REQ’D PER SITE CONDITIONS 120 - 277 VAC 20A 2-POLE SWITCH w/ BELL MX1050 COVER - J-BOX & PRIMARY ELECTRICAL CONNECTION BY OTHERS 1/4" DIA. WEEP HOLES IN LOW POINTS OF LETTERS w/ ALUMINUM LIGHT SCREENS @ EACH WEEP HOLE TO PREVENT LIGHT LEAKS CBA 76 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA CBA 14'-4⅛" SCALE: 3/4" = 1'-0"OPTION 2:FACE-LIT CHANNEL LETTER ID# DM-27 THREE [3] SETS REQUIRED - MANUFACTURE & INSTALL 38.1 Sq.Ft. EACH SET ALUMINUM BRIDGE TO SEPARATE UPPER & LOWER SECTIONS OF “A” CHANNEL LETTERS WILL REQUIRE 5/8" PLYWOOD BLOCKING UNLESS TO BE INSTALLED ON CONCRETE BLOCK OR BRICK - TO BE PROVIDED BY LANDLORD 3/16" = 1" 5" FACE-LIT CHANNEL LETTER SECTION DIRECT-MOUNT - REMOTE POWER SUPPLIES .040" PREFORMED ALUMINUM CHANNEL LETTERS PREFINISHED BLACK - INSIDE PREFINISHED LIGHT-ENHANCING WHITE 1" WHITE JEWELITE RETAINER #7328 WHITE PLEXIGLAS FACES - “Aspen” TO HAVE 1st SURFACE 3M 3630-167 “BRIGHT BLUE” VINYL OVERLAYS LEAVING WHITE OUTLINE BORDER SEE NOTE FOR ALUM. BRIDGE @ LETTER “A” PRINCIPAL STREET FIGHTER 7000k WHITE LED ILLUMINATION PAIGE “RIP STRIP” 18AWG 2NDARY WIRE THRU PAIGE “WALL BUSTER” PLASTIC PASS-THRU TO WEATHERPROOF SPLICE BOX & GE LED POWER SUPPLY IN PAIGE BOX BEHIND WALL - : PRIMARY ELECTRICALNOTE CONNECTION BY OTHERS MOUNT FLUSH TO FASCIA w/ NON-CORROSIVE FASTENERS AS REQ’D PER SITE CONDITIONS 120 - 277 VAC 20A 2-POLE SWITCH w/ BELL MX1050 COVER - J-BOX & PRIMARY ELECTRICAL CONNECTION BY OTHERS 1/4" DIA. WEEP HOLES IN LOW POINTS OF LETTERS w/ ALUMINUM LIGHT SCREENS @ EACH WEEP HOLE TO PREVENT LIGHT LEAKS CBA 77 040221Ar5P FF/VB ES 2/11/19 r1-KMc-2/25/19: Rev. to DM-40s r2-ES-4/4/19 DM33's, alt sq.ft. r3-JP-5/1/19: Site plan update r4-BR-7/12/19: Add monument r5-MAB-9/16/19: Add Size opt.to Signs “A-C” R5P-SDM-10/21/19-put elev.opts. on same pages ASPEN DENTAL 14750 CEDAR AVENUE APPLE VALLEY, MINNESOTA 1' - 0"4' - 8"1' - 0" PROPOSED D/F MONUMENT SCALE: 1/2" = 1'-0" 3M 3630-167 BRIGHT BLUE VINYL BACKGROUND w/ 1" BLEED TO BE TRIMMED IN FIELD - REVERSE WEEDED OUT COPY TO SHOW THRU WHITE - INSTALL ONTO EXISTING D/F MONUMENT SIGN NOTE: VERIFY DIMENSIONS PRIOR TO MANUFACTURE TENANT VINYL GRAPHICS TWO [2] SETS REQUIRED - MANUFACTURE & INSTALL SCALE: 1" = 1'-0" 4'-8"± V.O. 4'-8"± V.O. D D Sign Ordinance Excerpt § 154.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ADVERTISING SIGN. A sign or billboard which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises. ALLIED BUSINESS. Same or similar business with common name such as new and used auto sales. AREA IDENTIFICATION SIGN. A ground sign that identifies the name of a commercial, industrial, or business park development complex consisting of two or more businesses. AREA OF SIGN. That area within the marginal lines or extreme outside edge of the surface which bears the advertisement, or in the case of messages, figures or symbols attached directly to any part of a building, that area which is included in the smallest rectangle which can be made to circumscribe any message, figure or symbol displayed thereon. For a sign with not more than two back-to-back faces, only the area of one side is computed in determining the sign area. AWNING. An attached canopy or similar structure designed to provide cover for entrances, walkways and windows. BALLOON SIGN. An inflatable balloon or device used to draw attention to a business or product. BANDED AREAS. That portion of a building generally located along the front which is constructed for purposes of attaching building signs in a consistent and coordinated manner. BANNER. A temporary display of information on material such as canvas or plastic. BENCH SIGN. A sign attached to or a part of a sitting bench. BILLBOARD SIGN. See ADVERTISING SIGN. BUILDING SIGN. A sign attached to and not projecting more than two feet from the exterior wall or roof of a building. BUSINESS SIGN. A sign which directs attention to the business or profession conducted on the premises. A “For Sale,” “For Lease” or “Information” sign shall also be deemed a BUSINESS SIGN. In order to be considered a BUSINESS SIGN rather than an advertising sign, all of the gross surface area of the sign must pertain to the major functions or name of the business, the trade names of primary products or goods manufactured or sold on the premises. CHANGEABLE SIGN. A sign or portion of a sign that has copy which recurrently changes or is intended to be recurrently changed for different message text or graphics. Changeable signs include readerboard signs, electronic message signs, and electronic graphic display signs as defined herein. Sign Ordinance Excerpt APPENDIX C: SIGNS REQUIRING PERMITS The following signs may be erected or maintained, as shown for each zoning district or land use, only after obtaining a permit from the city and payment of permit fees, providing the standards of § 154.03 are met. Zoning District Pylon Sign Ground Sign Building Sign Maximum Area (sq. ft.) Residential — 1 — 40 Multiple Residential — One of either, but not both 40 Agriculture — One of either, but not both 40 Agriculture: parcel is 10 acres or more with commercial greenhouse or nursery in operation 1 of each sign. Area of building sign shall not exceed 200 sq. ft. 80 Institutional — 1 1 Building: See Note 4 Ground: 60 Neighborhood Convenience Center — 1 1/business 40 each Gasoline sales 1 or 1 1 Building: See Note 1 Ground: 40 Pylon: 80 Limited business Single occupant — 1 See Note 3 1 Building: See Note 2 Ground: 40 Multi-occupant — 1 See Note 3 1 Building: See Note 2 Ground: 60 General business Single occupant 1 or 1 1 Building: See Note 1 Ground: 110 Pylon: 110 Sign Ordinance Excerpt Zoning District Pylon Sign Ground Sign Building Sign Maximum Area (sq. ft.) Multi-occupant 1 or 1 1/business Building: See Note 1 Ground: 110 Pylon: 110 Retail business Single occupant 1 or 1 1 Building: See Note 1 Ground: 110 Pylon: 110 Multi-occupant; under 50,000 sq. ft. 1 or 1 1/business Building: See Note 1 Ground: 110 Pylon: 110 Multi-occupant; over 50,000 sq. ft. 2 or 2 1/business Building: See Note 1 Ground: 180 Pylon: 180 Shopping center; regional Same as retail business Visitors business Same as retail business Industrial and sand and gravel Same as retail business Planned development The ordinance establishing each planned development district shall be used to determine the most applicable zoning district designated for each lot and signs shall be permitted by the most applicable zoning district as determined by the city’s building official. NOTES TO TABLE 1 - Area of sign for building sign(s) may be equal to: 1 sq. ft. of area of sign per 25 sq. ft. of the sign permit-holder's occupied floor area of the building if occupied area is 5000 sq. ft. or less; plus an additional 1 sq. ft. of area of sign per 100 sq. ft. of the sign permit-holder's occupied floor area of the building over 5000 sq. ft. Maximum allowed: 500 sq. ft. area of sign per building Minimum allowed: 40 sq. ft. 2 - Area of sign for building sign(s) in limited business district may be equal to: 1 sq. ft. of sign per 100 sq. ft. of total building floor area. Maximum allowed: 200 sq. ft. of area of sign per building Minimum allowed: 40 sq. ft. Sign Ordinance Excerpt Zoning District Pylon Sign Ground Sign Building Sign Maximum Area (sq. ft.) 3 - See § 154.04(H) regarding a second permissible ground sign as a substitution for all building signs. 4 - Sign area for buildings in institutional districts: 1 sq. ft. of area of sign per 100 sq. ft. of the total building floor area Maximum allowed: An aggregate of 500 sq. ft. for all building signs on lot. Minimum allowed: 40 sq. ft. (‘81 Code, § 6-105) (Ord. 495, passed 9-20-90; Am. Ord. 504, passed 2-28-91; Am. Ord. 536, passed 2-27-92; Am. Ord. 555, passed 5-13-93; Am. Ord. 971, passed 6-26- 14; Am. Ord. 1058, passed 3-28-19) Penalty, see § 10.99 11/26/2019 1 Aspen Dental Sign Variance City Council Meeting  November 26, 2019 Requested Action •Consider variance to allow petitioners to increase in the  size of building signs from 40 sq. ft. to 57 sq. ft. on three  elevations for Aspen Dental at 14750 Cedar Ave. 11/26/2019 2 Location –14750 Cedar Ave Sign Regulations –Chapter 154 § 154.01 OBJECTIVES.  It shall be the intent of the provisions of this chapter to achieve the following  objectives: (A) To establish standards which would permit businesses in the city a  reasonable and equitable opportunity to identify themselves; (B) To preserve and promote civic beauty and not allow signs which would  detract from this objective because of unusual size, shape, height,  location, condition, cluttering or illumination; (C) To ensure that signs in the city shall not create a safety hazard; and (D) To preserve and protect the value of land and buildings, and to preserve  and protect landscapes. 11/26/2019 3 Sign Requirements –Limited Business 1. Building Sign Limited Business: One sq. ft. sign per 100 sq. ft. floor area, minimum 40 sq. ft. allowed At 3,500 sq. ft. floor area = 35 sq. ft. or minimum 40 sq. ft. Permitted Sign Area = 40 sq. ft. Requested Sign Area = 57 sq. ft.  2. Sign on primary face may be repeated on other building elevations. Permitted Sign = 40 sq. ft. on east, north and west elevations Requested Sign = 57 sq. ft. on east, north and west elevations 3.Sign Area calculated by drawing single rectangle around any message, figure or display Variance Requested 39” x 17’ 6.5” = 57 ft2 31.25” x 14’ 4.25” = 38.1 ft2 11/26/2019 4 Requested Variance (East) 57 Sq. Ft. Building Sign 38 Sq. Ft. Building Sign Requested Variance (North) 57 Sq. Ft. Building Sign 38 Sq. Ft. Building Sign 11/26/2019 5 Requested Variance (West) 57 Sq. Ft. Building Sign 38 Sq. Ft. Building Sign Petitioner’s Letter: 1. Main entry of the site and building now off of Glazier Ave. 2. Six inch taller letters allow 200 additional feet of reaction time.  3. Taller letters allow faster recognition and therefore promote  traffic safety.   4. The property shape and larger than typical setbacks warrant a  larger sign.   5. Only small portions of the sign require a variance. 6. Taller letters are more legible for elderly patients and are more  visible within a motorist's "cone of vision." 11/26/2019 6 Conditions for Granting a Sign Variance: 1.Special conditions exist which are peculiar to the land, structure,  building involved and which are not applicable to other lands, struc‐ tures or buildings in the same district;  2.The special conditions and circumstances do not result from the actions  of the applicant; 3.A literal interpretation of the provisions of these regulations would  deprive the applicant of rights commonly enjoyed by other properties  in the same district and the terms of these sign regulations;  Conditions for Granting a Sign Variance (Cont’d): 4.That granting the variance requested would not confer on the applicant any  special privilege for a use not common to other lands, structures or  buildings in the same district; and 5.The proposed use of the property shall have an appearance that will not  have an adverse effect upon adjacent properties and there will be no  deterrence to development of vacant land. 11/26/2019 7 Planning Commission Action At its meeting of November 6, 2019, on a vote of 0 to 4, the Planning Commission  failed to recommend approval of the variance (effectively recommending denial). 1.Applicant chose its own font and City Sign Code clearly explains how sign area  calculated. 2.Smaller sign is proportional within the elevation. 3.Variance requested for two small areas of encroachment, but concerned about  setting precedence; next business likely to maximize sign area. 4.A dental visit is not an “impulse purchase.” 5.New AV Crossroads will be constructed closer to Cedar Ave, so signs will be  easier to read. 6.Dental clinics in area with same sign requirements have not required sign  variances. Recommended Action Two Options to Consider: 1.Adopt the resolution approving the Findings of Fact, Conclusions  and Decision to deny the sign variance for Aspen Dental, 14750  Cedar Avenue (Lot 1, Block 2 Apple Valley Commercial Addition). 2.Adopt the resolution approving the Findings of Fact, Conclusions  and Decision to approve the sign variance for Aspen Dental,  14750 Cedar Avenue (Lot 1, Block 2 Apple Valley Commercial  Addition). 11/26/2019 8 Questions? I T E M: 5.D. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Regular A genda Description: Review Ordinance A mending Chapter 114 of the City Code, Regarding Peddler and S olicitor Regulations (First reading) S taff Contact: P amela J . Gackstetter, City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Review the ordinance amending C hapter 114 of the City C ode, regarding peddler and solicitor regulations. (First reading) S UM M ARY: Attached for your consideration and first reading is an ordinance amending Chapter 114 of the City C ode entitled “Business Regulations”, regarding peddler and solicitor regulations. T he proposed ordinance was prepared by the City Attorney’s office. T he ordinance a me ndme nt eliminates registration requirements for charitable organizations and includes updates about hearings and the method the Council uses for establishing fees. T he tentative date for the second reading of the ordinance amendment is December 12, 2019. B AC K G RO UND: Charitable Organizations Federal and state laws limit the requirements cities can impose on charitable organizations. Following discussions with the Police D epartment and C ity Attorney's Office, it was determined the current charitable organization requirements did not serve a meaningful purpose, so the section is being deleted. Fees T he City C ouncil can establish fees by ordinance or resolution. In 2016, the C ity switched from setting fees by ordinance to resolution because it is more efficient. Use of a resolution eliminates the need for publication in the C ity's official newspaper and provides for a shorter enactment window. T he proposed ordinance indicates the use of a resolution to establish fees. Hearing Earlier this year, the City Council adopted Resolution 2019-52 which approves the delegation and appointment of a hearing officer in connection with the suspension or revocation of licenses and permits. T he proposed ordinance reflects language consistent with the use of a hearing officer. B UD G E T I M PAC T: N/A AT TAC HM E NT S : Ordinance CITY OF APPLE VALLEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF APPLE VALLEY, MINNESOTA, AMENDING TITLE XI OF THE CITY CODE ENTITLED, "BUSINESS REGULATIONS” BY AMENDING CHAPTER 114 REGARDING PEDDLERS AND SOLICITORS REGULATIONS The City Council of Apple Valley ordains: Section 1. Title XI of the Apple Valley City Code is amended by revising Section 114.03(D) to read as follows: (D) Fee. All applications for a license under this chapter shall be accompanied by the fee established in the city’s fee schedule as adopted from time to time by an ordinance passed by Resolution of the City Council. Solicitors engaged in interstate commerce are exempt from payment of the fee, but are not exempt from other licensing requirements. Section 2. Title XI of the Apple Valley City Code is amended by revising Section 114.03(G)(4) to read as follows: (G) License exemptions. * * * * (4) Any canvassing, soliciting, or fund raising for the purpose of charitable organizations if such organization is registered with the attorney general pursuant to the provisions of M.S. § 309.52 as a charitable organization or exempted pursuant to the provisions of M.S. § 309.515 provided the organization registers as required by § 114.07. * * * * Section 3. Title XI of the Apple Valley City Code is amended by revising Section 114.05(D) to read as follows: (D) Public hHearing. Upon receiving the notice provided in division (C) of this section, the licensee/registrant shall have the right to request a public hearing. If no request for a hearing is received by the City Clerk within ten regular business days following the service of the notice, the city may proceed with the suspension or revocation. For the purpose of mailed notices, service shall be considered complete as of the date the notice is placed in the U.S. mail. If a public hearing is requested within the stated time frame, a hearing shall be scheduled before a hearing officer within 20 days a reasonable time from the date of the request. Within three regular business 30 days of the hearing, the hearing officer shall submit his/her written findings and recommended decision to the City Council shall notify and the licensee/registrant of its decision. The City Council shall then take action to affirm or overrule the hearing officer’s findings and recommended decision. Section 4. Title XI of the Apple Valley City Code is amended by deleting Section 114.07 in its entirety. (A) Charitable organizations exempt from the licensing requirements of this chapter under § 114.03, shall be required to register with the city, but no fee shall be required. Registration shall be made on a form provided by the city and shall include the following information: (1) Name and address of the organization; (2) Name and address of the person seeking to register on behalf of the organization; (3) Names and addresses of all of the officers and no more than four directors of the organization; (4) Period during which canvassing, solicitation, or fund raising is to be carried on, not to exceed five years; (5) Purpose of the cause for which registration is sought; and (6) Evidence of registration with the Minnesota Attorney General or exemption from registration pursuant to M.S. §§ 309.515 or 309.52. (B) Upon completion of the registration form, the City Clerk shall issue to the registrant a Certificate of Registration as proof of the registration. Certificates of Registration shall be non- transferable and state the date of issuance and length of time, not to exceed five years from the date of issuance, that the same shall be operative. (C) Each time during said five-year period that a solicitation is conducted, such organization shall furnish all of its members, agents, or representatives who are conducting solicitations on behalf of the organization, solicitation credentials, in writing, stating the name of the organization, name and address of the person issuing credentials on behalf of the organization, name of agent to whom the credentials are issued, purpose of solicitation and period during which solicitation is to be carried on, not to exceed the period of time during which the registration certificate issued to the organization is operative. The organization shall also notify the Police Department of the period during which the solicitation is to be carried on in the city. Section 5. Effective Date. This ordinance shall take effect upon its passage and publication. PASSED by the City Council this 12th day of December, 2019. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 7. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Calendar of Upcoming Events Description: A pprove Calendar of Upcoming E vents S taff Contact: S tephanie Marschall, Deputy City Clerk Department / Division: City Clerk’s Office AC T I O N RE Q UE S T E D: Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location Ev ent Nov. 20-23 San Antonio, T X National League of Cities City Summit Tue./Nov. 26 6:15 p.m.Municipal Center Holiday Tree Lighting Ceremony Tue./Nov. 26 7:00 p.m.Municipal Center Regular C ity Council Meeting T hur./Nov. 28 City Offices C losed T hanksgiving Day Fri./Nov. 29 City Offices C losed Day After T hanksgiving Day Mon./Dec. 2 7:00 p.m.Municipal Center Telecommunications Advisory Committee Meeting Wed./Dec. 4 7:00 p.m.Municipal Center Planning C ommission Meeting T hur./Dec. 5 4:30-6:30 p.m. Bogart’s Entertainment Center Chamber Business After Hours Fri./Dec. 6 11:30 a.m.-1:00 p.m. Ames Center, Burnsville Dakota-Scott Workforce Development Board Legislative and Employer Awards Tue./Dec. 10 11:00 a.m.-1:15 p.m.Senior C enter Apple Valley Seniors Holiday Party Wed./Dec. 11 11:30 a.m.-1:00 p.m.GrandStay Hotel Chamber Annual C hristmas Luncheon T hur./Dec. 12 5:30 p.m.Municipal Center Informal City C ouncil Meeting T hur./Dec. 12 7:00 p.m.Municipal Center Regular C ity Council Meeting Wed./Dec. 18 9:00 a.m.Municipal Center Firefighters Relief Association Meeting Wed./Dec. 18 7:00 p.m.Municipal Center Planning C ommission Meeting Tue./Dec. 24 City Offices C losed Christmas Holiday Floater Wed./Dec. 25 City Offices C losed Christmas Holiday T hur./Dec. 26 6:00 p.m.Municipal Center ED A Meeting T hur./Dec. 26 7:00 p.m.Municipal Center Regular C ity Council Meeting B AC K G RO UND: Each event is hereby deemed a Special Meeting of the C ity Council, the purpose being informational or social gathering. Only events marked with an asterisk (*) will any action of the Council take place. B UD G E T I M PAC T: N/A I T E M: 8.A. C O UNC I L ME E T I NG D AT E :November 26, 2019 S E C T I O N:Closed S ession Description: Convene in Closed S ession, Under the L abor Negotiations E xception to the Open Meeting L aw, to Discuss A F S C ME and L E L S Union Negotiations S taff Contact: Melissa Haas, Human Resources Manager Department / Division: Human Resources Division AC T I O N RE Q UE S T E D: Motion to enter into a closed meeting and convene in closed session to discuss A FSC ME and LELS union labor negotiations. S UM M ARY: Update on current status of negotiations with A FSC ME and LELS for 2020. B AC K G RO UND: Staff and labor union representatives continue to meet and negotiate for a 2020 labor agreement. Staff will provide an update on the status of the negotiations. B UD G E T I M PAC T: N/A