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Home My WebLink About04/08/2021 CITY OF APPLE VALLEY Dakota County, Minnesota � April 8, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County,Minnesota, held April 8, 2021, at 7:00 o'clock p.m. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. 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,Police Captain Francis, Division Specialist Pagel, _ Community Development Director Nordquist, Police Chief Rechtzigel, Public Works Director � Saam, and Planner/Econ. Dev. Specialist Sharpe. � Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. OATH OF OFFICE The City Clerk administered the oath of office to Councilmember Melander. APPROVAL OF AGENDA � MOTION: of Grendahl, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 5 -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. ` - Dennis and Cheryl Kelly, on behalf of Lions Club International, commented on the organization and their interest in starting a Lions Club in Apple Valley. CONSENT AGENDA � J � - Mayor Hooppaw asked�if the Council or anyone in the audience wished to pull any item from the consent agenda. T'here were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. ; CONSENT AGENDA ITEMS � CITY OF APPLE VALLEY l � Dakota County, Minnesota Apri18, 2021 � Page 2 , ; MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting � � of March 25, 2021, as written. Ayes - 3 -Nays - 0 -Abstain-2 (Bergman and t . Melander). � - � � � , _ -� `MOTION: of Goodwin, second'ed by Grendahl, approving issuance of a lawful gambling exempt permit,by the State Gambling Control Board,to Apple Valley American _. Legion Auxiliary,_,Unit 1776,for use on the revised date of May 1, 2021, at Apple Valley American Legion, 14521 Granada Drive, and waivirig any waiting permit , for State approval. Ayes - 5 -Nays - 0. - . " . ,- � _ MOTION:� of Goodwin, seconded by Grendahl,receiving the Planning Commission's 2020 � - annual report. Ayes - 5 -Nays - 0. \ . MOTION: of Goodwin, seconded by Grendahl, approving continuation of the Commission/Committee Recognition Program, allowing each non-staff inember of the Cemetery Advisory Comm'ittee, Parks and Recreation Advisory , Committee, Planning Commission, Telecommunications Advisory Committee, S Traffic Safety Advisory Committee, and Urban Affairs Advisory Committee to � - receive up to $720.00 of parks and recreation services, for 2021, as described in the Park and Recreation Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2021-64 approving- 2021 Special Assessment Roll No. 674, for hearing purposes, in the total amount ` � of$2,697.00 for delinquent false alarm charges, and setting the public hearing, at , 7:00 p.m., on May 13, 2021. Ayes - 5 -Nays - 0. � , , MOTION; of Goodwin, seconded by Grendahl, ado5pting Resolution No.2021-65 approving 2021 Special Assessment Roll No. 675, for hearing purposes, in the total amount of$133,045.27 for delinquentutilities; and setting the public . hearing, at 7:00 p.m., on May 13, 2021. Ayes - 5 -Nays - 0. ` � MOTION:� of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-66 approving � 2021 Special Assessment Roll No. 676, for hearing purposes, in the total.amount of$2,341.80 for delinquent diseased tree removal and nuisance charges, and. - setting the public hearing, at 7:OO�p.m., on May 13, 2021. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-67 approving and levying 2021 Special Assessment Roll No. 672, for Project 2019-108, Johnny , � Cake Ridge Road and County Road 42 Intersection Improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving a one-year pilot progra.m for the ' assessment of City-contracted diseased tree removal costs on private property and establishing modified special assessment thresholds, as described in the Finance Director's memo. Ayes - 5 -Nays - 0. ' � � . � , -- � CITY OF APPLE VALLEY - Dakota County, Minnesota -Apri18, 2021 Page 3 MOTION: of Goodwin, seconded by Grendahl, declaring certain City property as surplus;' , authorizing disposal of unclaimed properly and surplus City property by a public sale; and approving the Agreement with Surplus Liquidation Auctions, LLC, an authorized vendor of K-BID.com,to conduct an online auction of unclaimed and � surplus property, as attached to the City Clerk's, and authorizing the Mayor and City Clerk to sign the same. Ayes; 5 -Nays_- 0., MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2021-68 receiving the feasibility report and calling for a public hearing at 7:00 p.m. on May 13, 2021, relating to Project 2021-119,Area A Mixed Use Campus. Ayes- 5 -Nays - 0. � MOTION: of Goodwin, seconded by Grendahl,approving the application for coverage under � � the Municipal Separate Storm Sewer System(M4) General Permit, as attached to ' � the Water Resource Specialist's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2021-69 consenting i to the Amended and Restated Declaration of Access Easement for Cobblestreet Marketplace. Ayes - 5 -Nays- 0. _ MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-70 awarding the agreement for Projects 2021-134, 155th and Pilot Knob Roadway Improvements, and 2021-135, Orchard Place Pilot Knob Turn Lane Improvements,to McNamara Contracting, Inc.,the lowest responsible bidder, in �_ the amount of$2,361,950.50. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No.2021-71 approving the sale of Police K-9 Duke to Zac Broughten, and authorizing the Mayor and ' City Council to sign the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Grant Agreements with ,Minnesota Board of Water and Soil Resources for Metro Watershed Based Funding, as attached to the Water Resource Specialist's memo, and authorizing . the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Grendalil, approving the Design Agreement for Project 2021-143, Orchard Place 3rd Addition Utility Improvements,with Pulte Homes of Minnesota, and authorizing the Mayor and City Clerk to sigri the same. Ayes- 5 -Nays - 0. ,� MOTION: of Goodwin, seconded by Grendahl, approving the Encroachment Agreement for Project 2020-134, 155th and Pilot Knob Roadway Improvements, with Magellan Pipeline Company, and authorizing the Mayor and Gity Clerk to sign the same. _ Ayes - 5 -Nays - 0. . � � ' l " CITY OF APPLE VALLEY Dakota County, Minnesota Apri18, 2021 � � �Page 4 MOTION: of Goodwin, seconded by Grendahl, approving the First Amendment to Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for Project 2020-106, Erickson Park Storm Water Improvements. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded,by Grendahl, approving the Agreement for Project 2021-1 121, Quarry Point Water Tower Intermediate Rehabilitation,with Elevation ' Coatings, LLC, in the amount of$98,750.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. - MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2021- c , 139, Johnny Cake Activity Center Roofing, with Redline Architectural Sheet Metal,-LLC, in the amount of$99,400.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl„accepting Project 2019-126,2019-2020, = _ ' Outdoor Pool Water Management,with Hawkins, Inc., as complete, as described � in the Parks and Recreation Director's memo. Ayes - 5 -Nays - 0. , MOTION: of Goodwin, seconded by Grendahl, approving the.personnel actions as listed in the Personnel Report dated Apri18, 2021. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl,to pay the claims and bills, check registers ` dated March 18, 2021, in the amount of$760,767.71; and.March 24, 2021, in the amount of$704,579.04. Ayes- 5 -Nays - 0. � END OF GONSENT AGENDA THE COVE REZONING , ` Ms. Bodmer reviewed the request by JMH Land Development, Custom One Homes, and Randy " and Carolyn Buller for rezoning, subdivision by preliminary plat, and a site plan review/building permit authorization. The property is located on the northwest corner of�Diamond Path and Evermoor Parkway(13009 Diamond Path). At its meeting on March 17, 2021,the Planning � Commission voted unanimously to recommend denial of the requested rezoning from"-R-1" (Single Fainily Residential, 40,000 sq. ft.)to "PD" (Planned Development) based upon findings listed in the draft resolution. She then reviewed the specific findings. , - Mr. Bill Sherry, 4855 Dominica Way, said he is�President of the Farquar' Lake Association and is speaking on behalf of all the residents that live bn the lake. They really hope the outcome is to deny the rezoning request. . Mr. Brent Hislop,with Synergy Land Company,the broker representing Randy and Carolyn Buller and JMH Land Development,presented information on behalf of the applicants. He , � - - , � CITY OF APPLE VALLEY � ' Da.kota County, Minnesota Apri18, 2021 Page 5 commented on the layout of the proposed development, existing conditions,building pad locations and tree removals,the open space easement,the future lakeside view, design standards overview, setbacks, and erosion control. He also commented on the findings of fact. He does not believe Diamond Path has a traffic issue in terms of capacity. He displayed a revised plan which eliminated a couple of the'units and increases the green space. Mayor Hooppaw said the Council is not here to discuss other concepts tonight,but must act on the item in from of them. MOTION: of Grendahl, seconded by Bergman, denying_the request to rezone the 8.1 acre Buller property located on the northwest corner of Diamond Path and Evermoor Parkway from"R-1" (Single Family Residential, 40,000 sq. ft.)to "PD" (Planned Development), as recommended by the Planning Commission, and for the following reasons: 1) The density of the proposed development consisting of 17 detached villa townhomes on the site would be too many units, and incompatible with the surrounding neighborhood. 2) The physical features of the site, including the fact that the site abuts Farquar Lake contains a wetland, is heavily wooded and contains severe slopes,makes the proposed development detrimental to the lake, � which is already at risk. 3) The grading plan shows that the project requires � extensive grading of the site. The proposed development would result in a severe disruption to the natural area and habitat. 4) The tree plan shows that 7,064 total ` caliper inches of significant trees currently existing on the site. Of that, 5,292 caliper inches must be removed, or 75% of the site's significant tree inventory. The proposed development would result in a severe disruption to the natural area and habitat._ 5) There was limited snow storage available on-site, limited surface visitor parking other than on-street parking, and that the Fire department had not approved the design of the private cul-de-sac and private "hammerhead"turn- around designs. Councilmember Melander said he has given careful consideration and evaluation to this - proposal and is knowledgeable in lake ecology. On a number of levels,this proposal does not fit. It is too much and is out of character for the neighborhood abutting the lake. � He believes this proposal is wrestling with the land, such as needing extensive,retaining � walls. He is worried the lake ecology will be destroyed. Councilmember Goodwin commented on the ridiculous notion that individual driveway access cannot be made to Diamond Path in this area. He noted that access to Diamond Path is a decision made by Dakota County, not the City. Vote was taken on the motion. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2021-72 containing fmdings of fact, conclusions, and the denial of rezoning from "R-1" (Single _ Family Residential, 40,000 sq. ft.)to "PD" (Planned Development); denial of a � subdivision by preliminary plat; and denial of site plan/building permit ` � � CITY OF APPLE VALLEY - Dakota County, Minnesota �' � �Apri18,2021 - Page 6 _ � , authorization for the 8.1 acre property located on the northwest corner of Diamond Path and Eyermoor Parkway. Ayes = 5 -Nays - 0. Mayor Hooppaw thanked the Planning Commission and staff for their work on this item. ORDINANCE AMENDING CHAPTER 155 � _ Mr. Sharpe,gave the first reading of an ordinance amending Chapter 155 of the City Code,to allow incidental sales in an Institutional Zoning District. The Planning Commission held a public hearing on this item on February 3, 2021, and voted unanimously to recommend approval at its meeting on March 3, 2021. . . Discussion followed. MOTION: , of Grendahl, seconded by Goodwin, accepting the first reading of the ordinance amending Chapter 155 of the City Code,regarding retail sales within an Institutional (P)District. Ayes - 5 -Nays - 0. , , COMMUNICATIONS Councilmember Goodwin commented on a bill that has been introduced by the Legislature that - would negatively impact police officers if it is passed. It prohibits qualified immunity for peace . officers. The League of Minnesota Cities testified against the bill and has an excellent explanation as to�why it does not recommend it. � MOTION: of Goodwin, seconded by Melander, declaring the City of Apple Valley i strenuously opposes House File 1104 and Senate File 580,prohibiting qualified immunity for peace officers. � � Councilmember Goodwin then commented on a bill that would take away a city's ability to buy liability insurance for its police officers. He believes that is a terrible idea. It � would require poliae officers to buy their own liability insurance. He wants Apple � Valley's police officers to know this Gouncil supports them. Vote was taken on the motion. Ayes - 5 -Nays - 0. Mayor Hooppaw suggested staff also have a conversation with our local legislators. Councilmember Grendahl wanted the public to know the Department of Natural Resources , (DNR)has imposed_restrictions and hefty fines on feeding deer in Dakota County. Police Captain Greg Dahlstrom gave a brief presentation on Severe Weather Awareness Week which is April 12-16. The sirens will go off at 1:45 p.m. and 6:45 p.m. on April 15,which is Tornado Drill Day. � _ CITY OF APPLE VALLEY Dakota County, Minnesota Apri18, 2021 Page 7 Police Chief Rechtzigel thanked the City Council for their support of the Police Department and for officially opposing the proposed legislation which would negatively impact police officers. 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 Bergman, seconded by Cioodwin,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:09 o'clock p.m. Respectfully Submitted, c�.c�A`� Pamela J. Ga te r, City Clerk l I Approved by the Apple Valley City Council on `�'/22/21 Clint Hooppaw, Mayor