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Home My WebLink About04/22/2021 CITY OF APPLE VALLEY Dakota County, Minnesota Apri122, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held Apri122, 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, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, City Planner Lovelace, Community Development Director Nordquist, Police - , Chief Rechtzigel,Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. � '1 " Mayor Hooppaw 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 Grendahl, seconded by Melander, adding item 4.LT-Adopt Resolution Amending 2021 Pay and Benefit Plan,to the consent agenda and approving the agenda for tonight's meeting, as amended. Ayes - 5 -Nays - 0. AUDIENCE Mayor Hooppaw asked if anyone was present to address the Council, at this time, on any item not on tlus 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 Bergman, approving all items on the consent agenda , with no exceptions. Ayes - 5,-Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of Apri18, 2021, as written. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving issuance of a lawful gambling exempt�permit,by the State Gambling Control Board,to Combat Veterans � Motorcycle Association 48.7, for use on July 24, 2021, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - S -Nays - 0. � . �, . CITY OF APPLE VALLEY ' Dakota County, Minnesota Apri122,2021 , � - ' - Page 2 � - � � MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-073 � approving 2020 interfund transfers. Ayes - 5 -Nays - 0. � MOTION: , of Goodwin, seconded by Bergman, adopting Resolution No.2021-074 amending 2020 Operating Budget for year=end items. Ayes - 5 -Nays - 0. ` _ , �MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2021-075 amending 2021 Operating Budget for specific items. Ayes - 5 -Nays - 0. , `" ' I � MOTION: of Goodwin, seconded by Bergman,proclaiming Apri130, 2021, as"Arbor Day" _ , and May 2021, as "Arbor Month", and urging citizens to become more aware of � the importance of trees and to participate in tree planting programs. Ayes- 5 - � > Nays - 0. ,� , , ' MOTION: of Goodwin, seconded by Bergman,proclaiming May 2 through May 8,2021, � "Drinking Water Week" and calling upon each citizen of Apple Va11ey to help protect our source waters from pollution,to practice water conservation, and to . � get involved in local water issues. Ayes - 5 -Nays - 0. ,MOTION: ': of Goodwin, seconded by Bergman, adopting Resolution No. 2021-76 approving the final plat and Development Agreement for Apple Valley East Commercial 2nd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - _ . � 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman; approving the Stormwater Maintenance Agreement with Summers Ridge of Apple Valley, LLC, as attached�to the City Planner's memo, and authorizing the Mayor and City Clerk to sign the same. � ,, Ayes - S -Nays - O. � , � MOTION: of Goodwin, seconded by Bergman, adopting Re'solution No. 2021-77 approving 145-stall parking variance on Lot 1, Block 1, Apple Valley Square 6th Addition, � � ` with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - � . - � . ,, - MOTION: of Goodwin, seconded by Bergman, adopting Resolution.No. 2021-78 approving ' the site plan and authorizing issuance of a building permit for construction of a , 3,060 square foot bank with drive-thru on Lot 2, Block 1, Apple Valley Square � , 6th Addition, with conditions as recommendecl by the Planning Commission. , Ayes - 5 -Nays - 0. l MOTION: of Goodwin, secdnded by Bergman, adopting Resolution No.2021-79 approving,_ ' the final plat and;Development Agreement for Apple Valley.Square 6th Addition, . - and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � . (� CITY OF APPLE VALLEY Dakota County, Minnesota , Apri122, 2021 ' Page 3 - �- • . l MOTION: . of Goodwin, seconded by Bergman, adopting Resolution No. 2021-80 acoepting easements for Project 2021-146,Pennock Retail Center Sanitary Lining, and approving the Utility Easement Agreement as attached to tlie City Engineer's memo,.and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - ' � Nays - 0. �: � � � � MOTION: of Goodwin, seconded by Bergman, approving the Cost Sharing Agreement with Delta V-AV; LLC, as attached to the City�Engineer's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-81 completing vacation of drainage and utility easements on Outlot B, Menards at � Hansori Concrete (preliminary platted as Lot 1, Block 1, Apple Valley Commerce Center), and authorizing the City Clerk to record the necessary documents. Ayes � - S -Nays - 0. ', NIOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-82 approving - the final plat, Development Agreement, and-associated agreements for Apple - Va11ey.Commerce Center, and authorizing the Mayor and City Clerk to sign the . same. Ayes - 5 -Nays - 0.: MOTION: of Goodwin, seconded by.Bergman, approving the Sub-Recipient Agreement witli Scannell Properties#281, LLC, for MN Department of Employment and " . Economic Development(DEED) Contaminated Site Clean Up Grant,requiring -local match, as attached to the Planner's memo, and authorizing the Mayor and City Clerk to sign the same Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, approving the Contamination Cleanup Grant - Contract Agreement with Minriesota Department of Employment and Economic Development(DEED), for the Apple Valley Commerce Center, at 6080 147th Street W., as attached to the Planner's memo, and,authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. , MOTION: of Goodwin, seconded by Bergman, approving and acknowledging that the contractor for Project 220-117, Lebanon Cemetery Covered Ceremony ShelYer, is Met-Con Construction, Inc., as described in the Public Works Director's memo. Ayes - S -Nays - 0." i , , � MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-83 awarding the agreement for Project 2021-104; Greenleaf Elementary Gal'aacie Pedestrian �� Crossing,to McNamara Contracting, Inc.,the lowest responsible bidder, in the amount of$365,463.95. Ayes - 5 -Nays- 0., - MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-84 awarding � the agreement for Project 2021-114, 146th Street Court Sanitary Sewer 1 CITY OF APPLE VALLEY Dakota County, Minnesota Apri122, 2021 Page 4 � Improvements,to Insituform Technologies USA, LLC, the lowest responsible � bidder, in the amount of$206,244.10. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2021-85 awarding , the agreement for Project 2021-116, Johnny Cake Ride Park West Pickleball Courts/Eastview High School Tennis Courts,to McNamara Contracting, Inc.,the lowest responsible bidder, in the amount of$696,309.30. Ayes - 5 -Nays - 0. - - - � , MOTION: of Goodwin, seconded by Bergman, approving the agreement with Dakota County . for use of Sentenced to Service-Program Work Crews for 2021, as attached to the - Parks and Recreation Director's memo, and authorizing the Mayor and Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement for Fireworks Display ori July 4, 2021, with RES Specialty Pyrotechnics, Inc., d/b/a RESPYRO, in the amount of$25,000.00, subject to receiving an acceptable certificate of insurance and permit approval by the Fire Department, and authorizing the Mayor � and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated Apri122, 2021. Ayes - 5 -Nays�- 0. MOTION: of Goodwin, seconded by Bergman,to pay the claims and bills, check registers ` , dated March 31, 2021, in the amount of$329,297.06, and Apri17, 2021, in the . ' amount of$1,262,920.30. Ayes - 5 -Nays - 0. MOTION: of Goodwin; seconded by Bergman, adopting Resolution No. 2021-86 amending the 2021 Employee Pay and Benefit Plan. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA , VOLUNTEER RECOGNITION WEEK ` Ms. Gackstetter introduced this item and read the proclamation proclaiming April 18 through Apri124, 2021, as "Volunteer Recognition Week". She noted Parks and Recreation Advisory Committee Members Noel Hammill and Brenton Schulz and Traffic Safety Advisory Committee Member Joe Shaw reached 10-yeax length of service milestones. � � MOTION: - of Grendahl, seconded by Goodwin,proclaiming April 18 through Apri124, 2021, as "Volunteer Recognition Week"and thanking all those who contribute their time,talent, and energy to the community. Ayes - 5 -Nays - 0. Mayor Hooppaw then presented Parks and Recreation Advisory Committee Member Brenton , Schultz with a marble apple. 1 CITY OF APPLE VALLEY ' Dakota County, Minnesota - Apri122,2021 Page 5 Mr. Shultz thanked the Council for the award. He said he really enjoys serving on the Committee. The Mayor thanked all of the Commissioners, Committee Members, and other City volunteers for all the work they do in and around the City. RED ROBIN TEMPORARY ON-SALE LIQUOR LICENSE PREMISES Ms. Gackstetter said Red Robin International, Inc., dJb/a Red Robin Gourmet Burgers &Brews, located at 15560 Cedar Avenue, submitted an application for temporary outdoor dining including , a temporary expansion of their liquor licensed premises. If approved,the temporary outdoor � - dining area and temporary amendments to licensed premises will expire on December 31, 2021. MOTION: of Grendahl, seconded by Melander, adopting Resolution No.2021-87 amending ! the On-Sa1e Intoxicating Liquor License and Special License for Sunday Liquor ' Sales issued to Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers &Brews, located at 15560 Cedar Avenue,by temporarily amending the licensed premises to include the temporary outside dining area identified in Exhibit A. Ayes - S -Nays - 0. PANERA BREAD RESTAURANT -, Mr. Lovelace reviewed the request by Panera Bread, LLC, and Brixmore Property Group for a , Conditional Use Permit and a site plan/building permit authorization to allow for construction of a 4,300 sq. ft. Class I restaurant with drive-thru window service, including a rapid pick-up lane on an existing 1.28 acre lot. The site is located at 15200 Cedar Avenue. The Planning Commission held a public hearing on this item at its meeting on March 17, 2021, and on Apri17, � 2021,voted unanimously to recommend approval. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-88 approving a Conditional Use Permit to allow for drive-thru window service, including a rapid pick-up land(RPU), in conjunction with a Class I restaurant on Lot 4, Block l, Southport Centre, with conditions as recommended by the Planning � Commission. Ayes - 5 -Nays- 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2021-89 approving the site plan and authorizing issuance of a building permit to allow construction of a 4,300 sq. ft. Class I restaurant with drive-thru window service on Lot 4,Block 1, Southport Center, with conditions as recommended by the Planning Commission. Ayes - S -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota Apri122, 2021 � Page 6 ORDINANCE AMENDING CHAPTER 155 Mr. Sharpe gave the second reading of an ordinance amending Chapter 155 of the City Code, to allow incidental sales in an Institutional Zoning District. On March 3, 2021,the Planning Commission voted unanimously to recommend approval. The first reading was held on April 8, 2021. MOTION: of Melander, seconded by Goodwin,passing Ordinance No. 1086 amending Chapter 155 of the City Code, regarding retail sales within an Institutional (P) District. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell congratulated Mayor Hooppaw on being elected to the Metro Cities Board of Directors on April 15, 2021. Mr. Carlson said Apple Valley is still in need of 30 to 401ifeguards for this season. He described the ways they are trying to advertise the openings. The City is even offering to pay the cost for the training to become certified as a lifeguard. Anyone interested in applying should contact the Parks and Recreation Department. Mayor Hooppaw commented on recent events and comments from public figures regarding policing. He wanted Apple Va11ey's police officers and staff to know the Council's support remains and then thanked them for what they do. 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 Goodwin, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:28 o'clock p.m. Respectfully Submitted, � aCr�2A�V � Pamela J. Ga te , City Clerk Approved by the Apple Valley City Council on 51�3/21 Clint Hooppaw, ayor