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Home My WebLink About07/23/2020 CITY OF APPLE VALLEY � Dakota County, Minnesota July 23, 2020 ' ; - , Minutes of the regular meeting of the City Council of Apple Valley, Dakota_County,Minnesota, , held July 23, 2020, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. ' City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Police Captain Dahlstrom, Acting Parks and Recreation Director Endres, Police Cap.tain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director Saam, Planner/Econ. Dev. Specialist Sharpe, and Utilities Superintendent Skok. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. . APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight's meeting, , as presented. Ayes - 5 -Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyorie was present to address the Council, at this time, on any item not on this meeting's agenda. , Ms. Martha DeWitt, 13811 Haywood Ct., said she read the last two years of minutes and thanked the Council for doing an amazing job. '' � Loca171 Police Union President Dan Schyma commented on recent events and claims in the media criticizingpolice. He acknowledged there are bad apples in every field, including police, and police officers want such people to be out of the profession. He noted Apple Valley police officers adhere to standards of service, integrity, accountability, and professionalism. Unfair criticism does not help attract qualified candidates to be police officers. He thanked the City Council for their support. He noted there is little or no focus on the many positive things Police Officers do every day and appealed for supporters to also share the positive things. The Council thanked Officer Schyma for his thoughtful words and thanked the entire Police Department for their professionalism, acts of kindness, and all the important work they do. r CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2020 Page 2 � � CONSENT AGENDA � Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. � � MOTION:, of Grendahl, seconded by Hooppaw, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Hooppaw, approving the minutes of the regular meeting of July 9, 2020, as written. Ayes - 5 -Nays - 0. . , MOTION: of Grendahl, seconded by Hooppaw, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Apple Valley Ducks Unlimited, Chapter 185, for use on September 16, 2020, at Bogarts Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. - � Ayes - S -Nays - 0. ; MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2020-79 setting a public hearing, at 7:00 p.m., on August 27, 2020, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Tavern Apple Valley, LLC, 15435 Founders Lane. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving release of Natural Resources Management Permit financial guarantees for McCormick Computer and Zvago �Apartment Complex, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, approving release of subdivision financial guarantee for Village Pointe Plaza/Zvago Addition, as listed in the Community � Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2020-80 approving , plans and specifications for Project 2020-136, Orchard Place Utility Improvements; and authorizing advertising for receipt of bids, at 2:00 p.m., on August 2S, 2020, via a posting on the City's website and Quest Construction Data Network and a publishing in the City's official newspaper. Ayes - 5 -Nays - 0. � ' 1VIOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2020-81 approving � the Agreement for Project 2020-102, Redwood Pond Expansion, with Rachel Contracting, LLC, in the amount of$414,294.30, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2020 Page 3 MOTION: of Grendahl, seconded by Hooppaw, approving the personnel action as listed in the Personnel Report dated July 23, 2020. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Hooppaw,to pay the claims and bills, check register dated July 1, 2020, in the amount of$979,427.00, and July 8, 2020, in the amount of$545,367.03. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA WELLHEAD PROTECTION PLAN AMENDMENT PART ONE UPDATE . � Mr. Saam introduced Public Works Utilities Superintendent Brian Skok. Mr. Skok then introduced Ms.Nancy Zeigler, from Advanced Engineering and Environmental Services, Inc., � (AE2S). � � Ms. Zeigler presented the required Wellhead Protection(WHP)Plan update to the Council. She ' also reviewed the Wellhead Protection area, the drinking water supply management area, and next steps for the Plan update. Mr. John Freitag, from Minnesota Department of Health, said Apple Valley's water is safe and . delicious to drink. He encouraged the public to continue to be diligent in protecting Apple Valley's water source. ` Mayor Hamann-Roland gave a shout out to the smart way Apple Valley deals with water and noted the City is now installing smart water meters. 2040 COMPREHENSIVE PLAN MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2020-82 approving the 2040 Comprehensive Plan. Ayes - 5 -Nays - 0. The Council thanked Mr. Lovelace for spearheading this project which began in 2017. , Mr. Lovelace summarized the process and various elements of community engagement. He noted it was a team effort with contributions from multiple departments. ' THE SHORES Mr. Lovelace reviewed the request by Pulte Group, Inc., for a rezoning of 9.9 acres from"SG" , (Sand and Gravel)to "M-6C" (Medium Density Residential/6-12 units per acre), a subdivision of 9.9 acres into 101 residential townhome lots and 11 outlots, a Conditional Use Permit for townhome construction with exposed finish materials other than provided under Section 155.346 of the City Code, approval of the conveyance of land, and approval of an agreement with Pulte Homes of Minnesota, LLC, for private installation of public infrastructure. CITY OF APPLE VALLEY � Dakota County, Minnesota July 23, 2020 , Page 4 Mr. Paul Heuer, of Pulte Homes, said they started this project in 2017 so they are really excited to be here tonight. He said there are two conditions in the draft resolution approving the , � preliminary subdivision that cause them problems. As a result, he is asking the Council to � , reword those two conditions or to table the item. He presented his concerns with condition 14. Mr. Anderson explained that the regional storm water pond functions together with this pond. Mr. Dougherty explained what the City is trying to accomplish by including the conditions in the resolution. Discussion followed. . , � Ms. Liza Robson, of Rockport, LLC, and Fischer Sand and Aggregate, said they have every intention of building the whole pond at once and suggested using a ponding agreement. She said they have a concern regarding timing. Under normal circumstances, grading,utilities, and ponding are not started until final plat approval. They prefer to start after final plat, so they can close and have it financed properly. Mr. Matt Duffy, legal counsel for Fischer�Sand and Aggregate, pointed out that the project�was queued for a year and a half. In addition, Dakota County may have some interest in some park land. � Discussion continued. Mr. Heuer then relayed his concerns with condition 19. He said they expect to pay their fair share of the road construction, but is concerned the way the condition is written it could be interpreted that they are responsible for 100 percent of the costs. He thinks the language is worded a little too loosely. Ms. Robson responded. MOTION: of Grendahl, seconded by Goodwin,tabling consideration of item S.0 -The Shores, which includes the ordinance rezoning 9.9 acres from "SG" (Sand and Crravel)to "M-6C" (Multiple Family Residential/6-12 Units Per Acre); the resolution approving subdivision by preliminary plat;the resolution approving a Conditional Use Permit to allow townhome construction with exposed finish ' materials other than provided in Section 155.346 of the City Code;the resolution authorizing conveyance of land; and the agreement with Pulte Homes of Minnesota,LLC, for private installation of public infrastructure for Project 2018- . 170, The Shores. Ayes - 5 -Nays - 0. • CITY OF APPLE VALLEY Dakota County, Minnesota July 23, 2020 Page 5 COMMUNICATIONS Councilmember Grendahl commented on the discussion at the Economic Development Authority (EDA)meeting to increase the payment to the Chamber of Commerce for the Convention and Visitors Bureau. Councilmember Goodwin said he would like an update on the police reform legislation that was recently passed. Ms. Gackstetter provided an update on the August 11, 2020, Primary Election. She encouraged everyone to exercise their right to vote. Mayor Hamann-Roland reminded everyone about the Farmers Market at the Municipal Center from 8:00 a.m. to 1:00 p.m. on Saturdays, in recognition of National Farmers Market Week which is August 2-8. CALENDAR OF UPCOMING EVENTS MOTION: of Hooppaw, seconded by Goodwin, approving the calendar of upcoming events as included in the 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 Hooppaw, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:43 o'clock p.m. Respectfully Submitted, aC�O�, Pamela J. Gac ette , ity Clerk Approved by the Apple Valley City Council �� - on $- l 3-20 M ry Ha - ol d, Mayor