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Home My WebLink About06/10/2021 � CITY OF APPLE VALLEY � . � Dakota County, Minnesota _ June 10, 2021 , , - Minutes of the regular meeting of,the City Couricil of Apple Valley, Dakota County,Minnesota, held June 10, 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, Planner Bodmer, Parks and Recreation�Director Carlson, Police Captain � Francis, Finance Director Hedberg, City Planner Lovelace, Community Development Director � �Nordquist,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. APPROVAL OF AGENDA , J � ) � MOTION:- of Grendahl, seconded by Goodwin, 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. , , Mr. James Littrell, 12199 Galaxie Avenue, said a home is being constructed at 121'21 Gal�ie , � Avenue. He is concerned the water that drains from his property onto the property at 12121 Galaxie Avenue will cause problems if it is not considered and mitigated. Ms. Mary'Hamann-Roland and Ms. Karen Kirkman, from the Apple Valley Arts Foundation, � invited everyone to the 2021 Music in Kelley Park concert series. Concerts will run from 6:00 � , p.m.to 9`.00 p.m. June 18, 2021, through August 20, 2021�.� � , � Mr. Randy Bailey announced Rick Anderson's annual bike sale will be held'at Superior Service � J Center in Apple Valley on July 10, 2021, from 9:00 a.m. to 2:00 p.m. All proceeds will benefit � Kids `n Kinship and DARTS. ' ` 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 Melander, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. � _ ' j ,,CITY OF APPLE VALLEY 1 . Dakota County, Minnesota ' ' June 10,2021 ' Page 2 , - , � , CONSENT AGENDA ITEMS . MOTION: of Melander, seconded by Bergman, approving the minutes of the regular meeting , ' of May 27, 2021,�as written. Ayes - 5 -Nays - 0. , ; 1VIOTION: of Melander, seconded by Bergman, adopting Resolution No.2021-102 setting a , public hearing, at 7:00 p.m., on July 8, 2021, on the application for new � Concessionaire On-Sale Intoxicating Liquor License and Special License for � � Sunday Liquor Sales by Lancer Food and Beverage,LLC, located at 13000 Zoo � � , Boulevard. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving issuance of a Temporaiy Event � � License in connection with a community festival to Apple Valley American - , Legion, Post 1776, for use on July 2, 2021, outdoors at 14521 Granada Avenue. � � Ayes - S -Nays - 0. � � - , MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2021-103 calling _ for public hearing at 7:00 p.m. on July 8;2021, on the intention to issue General � Obligation Capital Improvement Plan Bonds and the proposal to adopt a Capital Improvement Plan therefor. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,receiving the 2020 Comprehensive Annual Financial Report. Ayes - 5 -Nays - 0. � MOTION: of Melander, seconded by Bergman, adopting Resolution No.2021-104 adopting 2021 performance measures and approving participation in the Performance � Measurement Program. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the ALF Ambulance 2022 Budget, as recomrriended by the ALF Ambulance Board. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,proclaiming June 19, 2021; as "Juneteenth � Day", and urging all citizens to become more aware of the historical significance � of this day and the ever-present need to ensure true equality for all. Ayes - 5 - , Nays - 0. ' _ MOTION: of Melander, seconded by Bergman, declaring Fire Depaitment apparatus 4997 as. surplus; and authorizing disposal of the surplus equipment by an online public sale with Lust Auction Services, LLC,to be held July 9, 2021, through ' July 20, 2021, as described in the Fire Chief's-memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, aclopting Resolution No. 2021-105 restricting parking on Foliage Avenue from 150 feet north and soutli of 157th , ; � CITY OF APPLE VALLEY Dakota County, Minnesota " June 10, 2021 Page 3 � � ' '� Street intersection, and ordering installation of the necessary signage. Ayes - 5 - Nays- 0. -� MOTION: of Melander,.seconded by Bergman,'adopting Resolution No. 2021-106 " establishing parking restrictions and road closures for Freedom Days celebration � events. Ayes - 5 -Nays - 0. , MOTION: of Melander, seconded by Bergman, approving the Agreement for Private Installation of Improvements with Pulte Homes of Minnesota, LLC, for Project 2021-143, Orchard Place 3rd Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. ' - , . ' MOTION: of Melander, seconded by Bergman, approving the Access Agreement with � Minnesota Pollution Control Agency(MPCA) for groundwater sampling at Central�Maintenance Facility, located at 6442 140th Street W., and authorizing the Mayor and City Clerk to sign the same. Ayes�- 5 -Nays - 0. - � � � MOTION: of Melander, seconded by Bergman, approving the Access Agreement with � � Minnesota Pollution Control Agency(MPCA) for groundwater sampling at Johnny Cake Ridge Park East,'located at the intersection of Flagstaff Avenue and � 145th Street W., and authorizing the Mayor and City Clerk to sign the sarrie. ' - Ayes - S -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Access Agreement with - � Minriesota Pollution Control Agency(MPCA) for groundwater sampling at the ' soccer/ponding site east of Flagstaff and south of Eastview High School, located � � at the southeast quadrant of the intersection of Johnny Cake Ridge Road with ��. 140th Street W., and authorizing the Mayor and City Clerk to sign the same. � ; Ayes - S -Nays - 0. 'MOTION: of Melander,�seconded by Bergman, approving the Agreement for Apple Valley , �Fire Station 1 Roof Replacement with A-Plus Roofing Company, in the amount of $84,000.00, and authorizing the Mayor and.City Clerk to sign the same. Ayes - 5 -Nays- 0. � � � � � � MOTION: of Melander, seconded by Bergman, approving the Agreement for Apple Valley , Fire Station 3 Roof Replacement with A-Plus Roofing Company, in the amount of ' $49,700.00, and authorizing.the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. 1VIOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in ` the Personnel Report dated June.10, 2021. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY � Dakota County, Minnesota , June 10,2021' ' r � , Page 4 � MOTION: of Melander, seconded by Bergmati,to pay the claims and bills, check registers � � dated May 19,2021, in the amount of$720,044.81; and May 26, 2021, in the , amount of$1,093,496.10. Ayes - 5 -Nays -�0. � . END OF CONSENT AGENDA � � �2021 APPLE VALLEY FREEDOM DAYS _ Ms. Johnson reviewed the various activities planned for the SSth Anrival Apple Valley 4th of , July Freedom Days Celebration,which begins on June 28 and concludes on July 4. The parade � ' begins at 1:00 p.m. on July 4 and the fireworks will begin at 10:00 p.m.that evening. Everyone is invited to-enjoy the fun and participate in the various events. She then.read the resolution proclaiming the Apple Valley Freedom Days Celebration: MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-107 � proclaiming June 28, 2021 through July 4, 2019, as"The SSth Annual Apple - Valley Freedom Days Celebration" and declaring it a community festival and , encouraging citizens to support and participate in the community-wide ; celebration. Ayes - 5 -Nays - 0. �, , - � , � TEMPORARY ON-SALE LIQUOR LICENSE PREMISES . Ms. Gackstetter reviewed the application:by LSP Ventures, Inc., dlb/a Rascals Apple Valley Bar & Grill, 7721 147th Street W., for temporary outdoor dining including a temporary expansion of their liquor licensed premises for July 4, 2021. '' � MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2021-108 amending � the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor - � Sales issued to LSP Ventures; Inc., d/b/a Rascals Apple Valley Bar& Grill, 7721 '147th Street W., by temporarily amending the licensed premises on July 4, 2021, � to include the temporary outside dining area identified in Exhibit A. Ayes - 5 - Nays - 0. , � � Mr. Phillip Mahowald, co-oumer of Rascals, described the plans for their July 4, 2021, event. . MY SALON SUITE � � . , , Ms. Bodmer reviewed the request by Northland MSS AV, LLC, and Galaxie Partners Outlot B, � LLC, for a site plan review/building perniit authorization for a 2-story My Salon Suite building - on the southeast corner of 153rd Street W. and Galante Lane. On May 19, 2021,the Planning Commission reviewed this item,and voted unanimously to recommend approval. � MOTION; of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-109 � approving the final plat of Northland Apple Va11ey, and waiving the requirement' � � � for a subdivision agreement. Ayes - 5 -Nays - 0. r , ` ' CITY OF APPLE VALLEY Dakota County, Minnesota ' June 10, 2021 � , Page 5 � � MOTION: � of Bergman, seconded by Grendahl, adopting Resolution No.2021-110 � approving the site plan and authorizing issuance of a building permit to allow � construction of a 9,600 sq. ft. My Salon Suite on Outlot B, The Legacy of Apple Valley Third Addition,with conditions as recommended by the Planning �Commission. Ayes - 5 -Nays - 0. � . , , CIDER RIDGE MARKETPLACE ' , � � Ms. Bodmer reviewed the request by Hempel Companies and Hope Church of C &M Alliance for an ordinance establishing a Planned Development(PD), a Conditional Use Permit,(CUP) for drive=thru window service in connection with a Class III restaurant, and a site plan � review/building permit authorization for 7,420 sq. ft. multi-tenant office building with drive-thru , window service. On May 19, 2021,the Planning Commission reviewed this item and voted to - � recommend approval. ` � - ; Discussion followed. � ' MOTION: - of Goodwin, seconded by Melander,passing Ordinance No. 1087 amending Appendix F of the City Code by adding Article A38 establishing new Planned Development Designation No. 1087 prescribing uses arid performance standards ' regulating building and development on Lot 2, Block 1, Hope Alliance 2nd Addition, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. ' , J MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2021-111 approving a Conditional Use Permit to allow drive-thru window service in ' �- 'conjunction with a Class III restaurant, on Lot 2, Block 1, Hope Alliance 2nd Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. � MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2021-112 + approving the site plan and authorizing issuance of a building permit to allow ` ' J �. ' construction of a 7,420 sq. ft. multi-tenant office building on Lot 2, Block 1, , Hope Alliance 2nd Addition,with conditions as recommended by the Planning Commission. Ayes - Sf-Nays - 0. � CHIPOTLE RESTAURANT _ ; , - , Mr. Lovelace reviewed the request by HJ Development, LLP, and Rockport, LLC, for a' � Conditional Use Permit(CUP) for drive-thru window service in connection with a Class II restaurant and a site plan review/building permit authorization for 2,325 sq. ft. restaurant on a . 3.21 acre lot. On May 5, 2021,the Planning Commission reviewed this item and voted unanimously to recommend approval. ' - l , CITY OF APPLE VALLEY -� Dakota County, Minnesota June 10, 2021 ' ! , Page 6 �. MOTION: of Goodwin, seconded by Grendalil, adopting Resolution No. 2021-113 - �- � approving a Conditional Use Permit to allow drive-thru window service in , conjunction with a Class II restaurant, on Lot 4, Block l, Orchard Place 2nd Addition, with conditions as recominended by the Planning Commission. Ayes - � - 5 -Nays - 0. � MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2021-114� approving the site plan and authorizing issuance of a building permit to a11ow construction of a 2,325 sq. ft. restaurant with drive-thru window service on Lot 4, Block 1, Orchard Place 2nd Addition, with conditions as recommended by the _ Planning Commission. Ayes - 5 -Nays - 0. � PICKLEBALL AMENITIES PACKAGE � Mr. Carlson introduced this item. He then reviewed the additional amenities included in the , pickleball court project at Johnny Cake Ridge Park West. � Discussion followed. . MOTION: of Bergman, seconded by Melander, approving the pickleball amenities package for Project 2021-116, Johnny Cake Ridge Park West Pickleball Courts/Eastview High School Tennis Courts, in the amount of$84,605.48. Ayes - 5 -Nays - 0. � . � TERMINATING LOCAL PEACE TIME EMERGENCY, Mr. Lawell introduced this item and provided a brief history. The proposed resolution terminates ' the Local Peace Time Emergency and provides for the continuation of temporary outdoor customer service areas for businesses unless repealed by subsequent City Council action or until '� � December 31, 2021, whichever occurs first. , � � MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2021-115 - ' terminating the Local Peace Time Emergency enacted by Resolu'tion No. 2035 anii amending Resolution No. 2020-60 which provided for temporary outdoor customer_service areas for businesses. Ayes - 5 -Nays - 0. � ORDINANCE REGULATING SOLID WASTE ' Ms. Gackstetter gave the first reading of an ordinance amending Chapter 50 of the City Code regulating solid waste. The amendment deletes provisions requiring licensed haulers to submit certain reports to the City and provides for a prorated license fee. The ordinance was prepared by the City Attorney. The Council accepted the first reading. The second reading will be July 8, 2021. ` CITY OF APPLE VALLEY Dakota County, Minnesota June 10, 2021 Page 7 ORDINANCE REGULATING TOBACCO Ms. Gackstetter gave the first reading of an ordinance amending Chapter 115 of the City Code regulating tobacco,tobacco products,tobacco related devices, and nicotine/lobelia delivery devices. The amendment deletes provisions prohibiting persons under the age of 21 from purchasing,using, or possessing any tobacco,nicotine, or lobelia products or related devices; thereby eliminating the criminal charges for the same. The ordinance was prepared by the City Attorney. Because the ordinance is adopting State regulations, is consistent with the Federal Tobacco 21 law, is recommended by the League of Minnesota Cities, and supported by the Police Department, staff is recommending waiving the procedure for a second reading. Discussion followed. MOTION: of Goodwin, seconded by Grendahl,waiving the procedure for a second reading and passing Ordinance No. 1088 amending Chapter 115 of the City Code regulating tobacco,tobacco products,tobacco related devices, and nicotine/lobelia delivery devices. Ayes - 5 -Nays- 0. ORDINANCE REGULATING SPECIAL EVENTS. TEMP SIGNAGE AND FOOD TRUCKS Mr. Sharpe gave the first reading of ordinance amendments relating to special events, temporary , signage, and mobile food units. The ordinance amendments were prepared by the City Attorney. Staff is recommending waiving the procedure for a second reading. MOTION: of Melander, seconded by Bergman,waiving the procedure for a second reading and passing Ordinances No. 1089 amending Chapter 155 of the City Code, regulating outdoor promotions and special events and vending carts and mobile food units; No. 1090 amending Chapter 155, regulating food trucks in conjunction with small brewery and microdistillery uses in industrial districts; No. 1091 amending Chapter 154, regulating temporary special event and promotional signs; No. 1092 amending Chapter 118, regulating vending carts; No. 1093 amending Chapter 114, regulating peddlers, solicitors, and transient merchants; No. 1094 amending Chapter 96,regulating obstructions and excavations within public property or public rights-of-way; and No. 1095 amending Chapter 94, regulating public nuisances. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell announced the City's aquatic facilities are opening up this weekend. Mr. Hooppaw announced that the Council passed a proclamation on the consent agenda proclaiming June 19, 2021, as"Juneteenth Day" in Apple Valley. Organizers are planning a celebration at the Apple Valley High School on June 19, 2021, from 4:00 p.m. to 8:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota June 10,2021 Page 8 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 Grendahl, seconded by Goodwin,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:04 o'clock p.m. Respectfully Submitted, o�.C.le,o� Pamela J. Ga te er City Clerk Approved by the Apple Valley City Council ,o� on ?/S/2! Clint Hooppaw, Mayor �