The URL can be used to link to this page

Home My WebLink About02/25/2021 , CITY OF APPLE VALLEY � Dakota County, Minnesota � � February 25, 2021 Minutes of the regular meeting of the City Council of App�e Valley, Dakota County, Minnesota, held February 25, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: None. _ *Present via remote technology City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Planner Bodmer, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Assistant City Administrator Grawe*, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell,Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. Mayor Hooppaw called the meeting to order at 7t00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes -4 -Nays - 0. � AUDIENCE � Mayor Hooppaw 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 Hooppaw asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes-4 -Nays - 0. - ., CONSENT AGENDA ITEMS � MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting , of February 11, 2021, as written. Ayes - 3 -Nays - 0 -Abstain- 1 - (Grendahl). MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2021-24 accepting, with thanks,the donation of cash and prizes from various businesses toward sponsorship of the Mid-Winter Fest celebration. Ayes - 4 -Nays- 0. , � � CITY OF APPLE VALLEY � Dakota County, Minnesota ' � February 25, 2021 , ` � P,age 2 � , , � MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to BV United Soccer Club, for use on.June-26, 2021, at Johnny Cake Activity Center, T42�55 Johnny Cake Ridge Road, and waiving any waiting period for State approval. Ayes -4 -Nays- 0. . . � MOTION: of Goodwin, seconded by Grendahl,receiving the Independent Audit Report on the � Police Department's Body Worn Cameras, as attached to the Police Captains memo. Ayes -4 -Nays - 0. - � MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-25 supporting _ legislation to clarify City authority to collect infrastructure development fees to fund street improvements. Ayes -4 -Nays - 0. . , � , MOTION: of Goodwin; seconded by Grendahl, adopting Resolution No. 2021-26 reauthorizing approval of the site plan and building permit authorization for Apple � .` Valley Commerce Center. Ayes -4 -Nays - 0. ` MOTION: of Goodwin, seconded by Grendahl, approving the Fourth Amendment to Antenna Lease Agreement with New Cingular Wireless PCS, LLC, d/b/a/AT&T, for the � Valleywood Water Reservoir, and authorizing the Mayor and City Clerk to sign the � , same. Ayes -.4 -Nays- 0. ' MOTION: of Goodwin, seconded by Grendahl, adopting�Resolution No. 2021-27 approving � , plans and specifications for Project 2021-114, 146th Street Court Sanitary Sewer Improvements; and authorizing advertising for receipt of bids, at 12:00 p.m., on March 30, 2021, via a posting on the City's website and Quest Construction Data _ Network. Ayes - 4 -Nays - 0. � , , MOTION: of Goodwin, seconded by Grendahl, adopting'Resolution No.2021-28 approving � plans and specifications for Project 2021-116, Johnny Cake Ridge Park West 'PicklebalUEastview High School Tennis Courts; and,authorizing advertisirig for � receipt of bids, at 10:00 p.m., on March 23, 2021, via a posting on the City's � website and Quest Construction Data Network. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Lease-Purchase Agreement and Resolution and Certificate of Incumbency with PNC Equipment Finance, LLC, for the lease of 55 E-Z GO golf cars from Versatile Vehicles, Inc., in the amount of � $156,750.00, and authorizing the Mayor and City Clerk to sign the same, subject to final revisions and changes as approved by the City Administrator and City ' Attorney. Ayes - 4 -Nays - 0. _ � �"MOTION: of Goodwin, seconded by Grendahl, approving the agreement for five-year lease- to-own equipment from Versatile Vehicles, Inc., and the Resolution and Certificate . � � � , , _� CITY OF APPLE VALLEY " - Dakota County, Minnesota � February 25, 2021 ' , ' Page 3 . of Incumbency with PNC Equipment Finance, LLC, for the purchase of a 2021 � Hauler 1200 EFI gas utility vehicle with picker cage, in an amount of$9,600 at , , 3.95%interest, and authorizing the Mayor and City Clerk to sign the same, subject to final revisions and changes as approved by the City Administrator and City Attorney. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel.actions as listed in the � Personnel Report dated February, 25, 2021. Ayes-4 -Nays - 0. � MOTION: of Goodwin, seconded by Grendahl,to pay the claims and bills, check registers dated February 3,2021, in the amount of$734,565.96, and February 10, 2021, in the amount of$4,858,298.97. Ayes =4 -Nays- 0. - � MOTION: of Goodwin, seconded by Grendahl, setting a special informal City Council � meeting, at 4:30 p.m., on Thursday, March'4,2021, for the purpose of interviewing � City Council applicants. Ayes -,4 -Nays - 0. � � END OF CONSENT AGENDA ' BEYOND THE YELLOW RIBBON NETWORK � , Mr. Lawell introduced this item. Mr. Chellsen, President of the Apple Valley Beyond the Yellow Ribbon Network, recognized its _ . Board and Committee Members. Dick Geiger Kurt Martinson, Glenn Sonne, and Tom Lawell and - from the organization were present: This is the organization's 9th anniversary. He then presented his report,which included a brief history of the Beyond the Yellow Ribbon program and recapped l services provided to veterans in Apple Valley in 2020 as well as their plans for 2021. Mr. Chellsen encouraged community members to get involved. They want to grow and diversify their organization. He thanked the Council for'their support. THE�MISFITS COLLECTIVE ON-SALE LIQUOR LICENSE Ms. Gackstetter reviewed the application by Misfit AV, LLC, d/b/a The Misfits Collective for On- . Sale Intoxicating Liquor and Special License for Sunday Liquor Sa1es, effective April 1, 2021, as - - described in her;memo. The restaurant is located at 14889 Florence Trail. She noted receipt of the �davit of publication of the hearing notice. The Police Department completed the background - investigations and found no reason the licenses could not be authorized at this-time. - Mayor Hooppaw called the public hearing to order at 7:19 p.m. to consider the application by Misfit AV, LLC, d/b/a The Misfits Collective, for On-Sale Intoxicating Liquor and Special License for , Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:20 p.m. � . , . � � � % ' . � CITY OF APPLE VALLEY Dakota County, Minnesota ' February 25, 2021 � Page 4 _ . MOTION: of Grendahl, seconded by Bergman, adopting Resolution No.2021-29 approving - issuance of a 2021 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to Misfit AV, LLC, d/b/a The Misfits Collective, for premises located at 14889 Florence Trail, for the period of April,l, 2'021,through December , 31, 2021. Ayes- 4 -Nays- 0. -� Mr. Tony Donatell,representing The Misfits Collective, addressed the City Council. He said they are beyond excited to open a restaurant in Apple Valley. He commented on the restaurants they own and their plans for Apple Valley. � � �; , , They Mayor welcomed them to Apple Valley. ' � �- . ISSUANCE OF BONDS ON BEHALF OF WFCS HOLDINGS II, LLC � Mr. Hedberg reviewed the request for host approval to the issuance of bonds by the Public Finance � Authority on behalf of WFCS Holdings II, LLC. WFCS Holdings II, LLC, has requested that the City Council hold a public hearing on the issuance of tax exempt obligations to fmance the ,, purchase of several charter school facilities throughout the country, including one facility in Apple Valley. He noted Apple Valley will not be responsible or have any�liability for the borids and the issue will not affect the City's credit rating. Federal and state law requires facilities refinanced � with tax-exempt bonds to receive public approval following a public hearing in the jurisdiction the facility is located. � , Mayor Hooppaw called the public hearing to order at 7:24 p.m. to consider app"r,oving issuance by the Public Finance Authority of bonds on behalf of WFCS Holdings II,�LLC. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was , declared closed at 7:25 p.m. , MOTION: of Bergman, seconded by Grendahl,�adopting Resolution No.2021-30 approving ' issuance by the�Public Finance Authority of bonds on behalf of WFCS Holdings II, � � LLC. Ayes -4 -Nays - 0. APPLE VALL-EY SQUARE 6TH ADDITION �� Mr. Sharpe reviewed the request by CAR Apple Valley Square, LLC, for a parking stall variance, preliminary plat to subdivide a 4.15 acre lot into two lots, and a site plan/building permit authorizatiori to construct a 3,060 sq. ft. bank with drive-thru. The property is located at 15125 Cedar'Averiue. � , ' MOTION: of Grendahl, seconded�by Goodwin, adopting Resolution No.2021-31 approving a • 145-sta11 parking variance on Lot 1, Block 1,Apple Valley Square Sth Addition, with conditions as recommended by the Planning Commission. Ayes -4 -Nays - � ' 0. ' � , � -� CITY OF APPLE VALLEY � Dakota County,Minnesota � February 25,2021 Page 5 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No.2021-32 approving the preliminary plat of Apple Valley Square 6th Addition, with conditions as recommended by the Planning Commission: Ayes - 4 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2021-33 approving • the site plan and authorizing issuance of a building permit for construction of a � 3,060 sq. ft. bank with drive-thru on Lot 1, Block l, Apple Va11ey Square 6th Addition, with conditions as recommended by the Planning Commission. Ayes-4- Nays - 0. ` ROERS SENIOR APARTMENTS � Ms. Bodmer introduced this item. The request for the senior apartments is by Roers Companies and Dakota County Community Development Agency(CDA). The property is located on the southwest corner of Galaxie Avenue and Founders Lane. Mr.Nordquist presented the economic development pieces of the project. He reviewed the City Council's role, past agreements at this location, and summarized the CDA resources available. , Discussion followed. � Ms. Bodmer then reviewed the project which includes a request for approval of the CDA housing project location and financing and a site plan/building permit authorization to construct Roers � Active Senior Housing Development consisting of 160-unit apartment building and 12 units of rental townhomes. The Planning Commission reviewed this item at its meeting on February 3, 2021, and voted unanimously to recommend approval. Discussion continued. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2021-34 approving the location and financing of a housing project undertaken by the Dakota County , Community Development Agency. Ayes -4 -Nays - 0. , MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-35 approying the site plan and authorizing issuance of a building permit for construction of a Roers Active Senior Housing Development consisting of 160-unit apartment building and 12 units of rental_townhomes on Lot 1,Block 1,Villageiat Founders Circle 2nd Addition, with conditions as recommended by the Planning Commission. Ayes -4 -Nays- 0. 50%REFUND OF ON-SALE LIQUOR LICENSE FEES Ms. Gackstetter introduced this item. She asked the Council to consider a refund of a portion of the 2021 On-Sale Liquor License fees. She then presented background information and comparison data on the refunds/credits in ten neighboring communities. CITY OF APPLE VALLEY Dakota CounTy, Minnesota February 25,'2021 � ' Page 6 Discussion followed. MOTION: of Crrendahl, seconded by Bergman, adopting Resolution No.2021-36 authorizing a 50 percent refund of 2021 On-Sale Liquor License fees. Ayes -4 -Nays - 0. REAPPOINT COMMISSIONERS & COMMITTEE MEMBERS Ms. Gackstetter reviewed her memo regarding the reappointment of.Commissioners and Committee Members with terms expiring March 1, 2021. She noted a11 members have indicated their interest in serving an additional term. The Mayor thanked all the Commissioners and Committee Members for their valuable service. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-37 reappointing Timothy Anderson and David Kemp to the Cemetery Advisory Committee for a term expiring March 1, 2024; No. 2021-38 reappointing David , Freed and Brenton Schulz to the Parks and Recreation Advisory Committee for a term expiring March 1, 2024; No. 2021-39 reappointing Philip Mahowald and Thomas Melander to the Planning Commission for a term expiring March 1,2024; No.2021-40 reappointing Barry Berg to the Telecommunications Advisory � Committee for a term expiring March 1, 2024; No. 2021-41 reappointing Charles Grawe to the Traffic Safety Advisory Committee for a term expiring March 1, 2024; and No.2021-42 reappointing Ann Arens and Sharon Schwartz to the Urban Affairs Adv'isory Committee for a term expiring March 1, 2024. Ayes -4 -Nays - 0. COMMUNICATIONS Mr. Lawell thanked the businesses that donated cash and prizes for Mid-Winter Fest activities. He then reminded the public that applications are still being accepted for the Tr�c Safety Advisory Committee vacancy unti14:30 p.m. tomorrow, February 26, 2020. , ` CALENDAR OF UPCOMING EVENTS � MOTION: of Bergman, 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- 4 -Nays- 0. ' MOTION: of Goodwin, seconded by Bergman,to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 8:09 o'clock p.m. , CITY OF APPLE VALLEY Dakota County, Minnesota February 25, 2021 Page 7 Respectfully Submitted, P Pamela J. Gac tter, ity Clerk Approved by the Apple Valley City Council on 3 /I 1/21 Clint Hooppaw, Mayor