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Home My WebLink About11/12/2020 i ' CITY OF APPLE VALLEY _ - Dakota County, Minnesota November 12, 2020 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 12, 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,Planner Bodmer, Acting Parks and Recreation Director Endres, Assistant City Administrator Grawe, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, Police Chief Rechtzigel, and Public � Works Director Saam. ' Mayor Harnann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance led by Cub Scout I,uke Johnson from Pack 293. APPROVAL OF AGENDA _ IvIOTION: of Bergman, seconded by Grendahl, approving the agenda for tonight's meeting, as presented. Ayes - 5 -Nays- 0. AUDIENCE . Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any iterri not on this meeting's agenda. Ms. Lirida Garrett-Johnson, 15681 Finch Avenue, congratulated Councilmembers Grendahl and ' Goodwin on their reelection. She will reach out to them in the future to�re-introduce herself. , CONSENT AGENDA Mayor Hamafui-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 Hooppaw, seconded by Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. � � CONSENT AGENDA ITEMS - MOTION: of Hooppaw, seconded by Goodwin, approving the minutes of the regular meeting of October 22, 2020, as written. Ayes - 5 -Nays- 0. , CITY OF APPLE VALLEY ;Dakota County, Minnesota - November 12, 2020 � Page 2 � MOTION: of Hooppaw, seconded by Goodwin, approving a change in manager for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack, in connection with the On- Sale Wine and 3.2 Percent Malt Liquor Licenses at 7593 147th Street W.,naming Matthew Delane Anderson as General Manager; as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving a change in officer for Lancer Food Service, Inc., d/b/a Lancer Food Service, in connection with the Concessionaire On-Sale Intoxicating Liquor I,icense and Special License for Sunday Liquor Sales at 13000 Zoo Boulevard, naming Jeffrey William Hunt as CFO/Treasurer and Brittany Joelle Mayer-Schuler as General Counsel/Secretary, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-127 setting a public hearing, at 7:00 p.m., on December 10,�2020, on the application for On- Sale Intoxicating Liquor and Special License for Sunday Liquor Sales by AVC, LLC, dlb/a Cowboy Jacks, 14998 Glazier Avenue. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin,proclaiming November 28, 2020, as "Small Business Saturday" and urging the residents of our community, and communities across the country,to support small businesses and merchants on Small Business , , Saturday and throughout the year. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, appointing Malloy, Montague, Karnowski, Radosevich(1VIMKR) and Company, P.A., as auditors for fiscal years 2020, 2021, and 2022, at an estimated total cost of$144,500.00, as described in the Finance Director's memo. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-128 , appointing Greg Helms as commissioner and Rolland Greeno as alternate Commis'sioner to the Board of the Black Dog Watershed Management � - Organization. Ayes - 5 -Nays - 0. � ' MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-129 approving allocation of the City of Apple Valley's Coronavirus Aid, Relief, and Economic Security(CARES)Act Funds. Ayes - 5 -Nays - 0. � MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No.2020-130 � - designating Coronavirus Aid, Relief, and Economic Security (CARES)Act funds and directing the implementation of grants by the Apple Valley Economic Development Authority. Ayes - 5 -Nays- 0. MOTION: of Hooppaw, seconded by Goodwin, approving the release of financial guarantees for Springs at Cobblestone Lake, as listed in the City Planner's memo. Ayes - 5 - , Nays - 0. f CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2020 Page 3 MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-131 approving a one-year extension of the Conditional Use Permit, site plan/building permit authorization, and setback variance for Pennock Center. Ayes - 5 -Nays - 0. ' MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No.2020-132 approving continued participation in the Livable Communities Act(LCA) Affordable and Life-cycle Goals for 2021-2030. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, adopting Resolution No. 2020-133 approving the final plat and Development Agreement for Orchard Place, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the Joint Powers Agreement with the City of Rosemount and Dakota County for Law Enforcement and Community Services Coordinated Response Pilot, as attached to the Police Captain's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � MOTION: of Hooppaw, seconded by Goodwin, approving the Agreement for Project 2021- 111, 2021 Ash Tree Removals, with Rainbow Tree Care, in the amount of $57,163.60, and authorizing the Mayor and City Glerk to sign the same. Ayes - 5 -Nays - 0. , MOTION: of Hooppaw, seconded by Goodwin, approving Change Order No. 1 to the agreement with McNamara Contracting, Inc., for Project 2020-136, Orchard Place Utility Improvements, in the amount of an additional $48,358.00. Ayes - 5 -Nays - 0. , MOTION: of Hooppaw, seconded by Goodwin, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc.,with a deduction of$2,514.30; and , accepting Project 2020-121, 2020 Concrete Removal &Replacement Services, as complete and authorizing final payment in the amount of$4,121.78. Ayes - 5 - Nays - 0. ' � MOTION: of Hooppaw, seconded by Goodwin, approving Change Order No. 1 to the agreement with B&B Commercial Coatings, LLC, with a deduction of$760.00; and accepting Project 2020-152, 2020 Hydrant Reconditioning and Painting, as complete and authorizing final payment in the amount of$30,780.00. Ayes - 5 - Nays - 0. � MOTION: of Hooppaw, seconded by Goodwin, approving Personnel Policy: Temporary Limited Waiver of Annual Leave Maximum, as attached to the Human Resources Manager's memo. Ayes - 5 -Nays - 0. , . CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2020 , � - Page 4 ' MOTION: of Hooppaw, seconded by Goodwin, approving the personnel actions as listed in - the Personnel Report dated November 12, 2020. Ayes - 5 -Nays - 0. MOTION: of Hooppaw, seconded by Goodwin, approving the claims and bills, check registers dated October 14, 2020, in the amount of$2,279.476.21, October 20, 2020, in the amount of$1,194,782.91, and October 28, 2020, in the amount of ` $736,486.77. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA CANVASS OF ELECTION RETURNS Ms. Gackstetter reviewed the results of the General Election held on November 3, 2020. A total of 33,904 ballots were cast, which represents an 87 percent voter turnout. Approximately 66 percent voted absentee and 2,531 people registered on Election Day. She thanked the judges and City staff for all their help. MOTION: of Goodwin, seconded by Hooppaw, adopting Resolution No. 2020-134 , canvassing the returns of the November 3, 2020, City General Election and declaring that Tom Goodwin and Ruth Grendahl were elected Councilmembers for four-year terms, each, commencing January 4, 2021. 'Ayes - 5 �Nays - 0. SUMMERS RIDGE OF APPLE VALLEY Mr. Lovelace reviewed the request by Rachel Development, Inc., for an ordinance amendment to the, approval of Apple Valley East Commercial2nd Addition preliminary plat, and a site plan/building pernut authorization to allow for oonstruction.of a 64-unit single story, high-acuity senior care facility on a 3.9 acre lot located on the northeast corner of 155th Street W. and Pilot . Knob Road. � MOTION: of Bergman, seconded by Grendahl,waiving the procedure for a second reading and passing Ordinance No. 1081 amending permitted uses, area requirements, and perfortnance standards in Zone 3 of Planned Development No. 856. Ayes - 5 -Nays - 0. MOTION: of Goodwin seconded by Hooppaw, adopting Resolution No. 2020-135 _ � approving the preliminary plat of Apple Valley East Commercial2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. ` �, MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2020-136 � approving the site plan and authorizing issuance to allow for construction of a 64- unit single story,high-acuity senior care facility on Lot 1, Block 1, Apple Valley = East Commercial2nd Addition,with conditions as recommended by the Planning Commission. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota � November 12, 2020 �� - . Page 5 TEMPO HOMES PRELIMINARY PLAT Ms. Bodmer reviewed the request by Tina and Calvin Tran, owners of Tempo Homes, for a subdivision by preliminary plat at 12936 Galaxie Avenue. The Planning Commission held the public hearing for this item on August 19, 2020. Ms. Bodmer recapped the questions and comments received from the public. On October 21, 2020, the Planning Commission voted unanimously to recommend approval of the subdivision by preliminary plat subject to conditions. Discussion followed. MOTION: of Hooppaw, seconded by Grendahl, adopting Resolution No. 2020-137 approving the subdivision by preliminary plat of Lot 3; Block 1, Broner Woods (12936 Galaxie Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. PETITION TO AMEND ANIMAL ORDINANCE Mr.Nordquist introduced this item and provided a brief background on the request by the Apple Valley MN Backyard Chickens group for an amendment to the animal ordinance in 2021. He ,_ noted that Chapter 91 of the City Code, regulating animals, was last updated in 2014. Ms. Rebekah Weum, 14145 Dresden Court, introduced Maura Hewitt. Ms. Maura Hewitt, 4570 142nd Street W., described her experience caring for backyard chickens and said she would like to be able to raise chickens in Apple Valley. Ms. Weum said she has over 360 signatures from Apple Valley residents on a petition requesting amendments to the animal ordinance to allow backyard chickens. When Apple Valley last reviewed this matter, not many cities allowed backyard chickens. However, Apple Valley is now with a minority of cities that do not allow chickens. She asked the Council to reconsider its position on backyard.chickens. Discussion followed. MOTION: of Goodwin, seconde�d by Hooppaw, directing the Urban Affairs Advisory Committee to review Chapter 91 of the Code of Ordinance, regulating animals, as it pertains to residential chickens, and provide recommendations. Mr. Brenton Schulz, 453 Reflection Road, stated information previously.provided to the Council regarding home values in communities that allow backyard chickens was inaccurate. He shared the•information he gathered regarding the same. Vote was taken on the motion. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2020 Page 6 COMMUNICATIONS Mayor Hamann-Roland thanked the voters for their civic engagement and high voter turnout at the General Election. She noted the Council proclaimed November 28, 2020, "Small Business Saturday", and encouraged residents to support local small businesses. . Police Chief Rechtzigel provided a brief update on the Joint Powers Agreement with the City of , Rosemount and Dakota County for law enforcement and community services coordinated response pilot. Mr. Lawell invited residents interested in serving on the Planning Commission to submit an application to the City Clerk by 4:30 p.m. on November 30,2020. CALENDAR OF UPCOMING EVENTS � MOTION: of Grendahl, seconded by Goodwin, 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 Goodwin, seconded by Bergman,to adjourn. Ayes - 5 -Nays - 0. ,_ The meeting was adjourned at 8:07 o'clock p.m. - - Respectfully Submitted, � P G�� Pamela J. Ga te , City Clerk Approved by the Apple Valley City Council � on l�l-24-20 M H - oland, Mayor