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Home My WebLink About08/12/2021 CITY OF APPLE VALLEY � Dakota County, Minnesota August 12;2021 ' _ ; ,Minutes of the regular meeting of the City Couneil of Apple Valley, Dakota County, Minnesota, � held August 12, 2021, at 7:00 o'clock p.m., at Apple Va11ey Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: None. ' , ,. � City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City - Attorney Dougherty, City Erigineer Anderson, Parks and Recreation Dire¢tor Carlson, Police Captain Dahlstrom, Police Captain Francis, Finance Director Hedberg, City Planner Lovelace, Administration Department Specialist Marschall, Community Development Director Nordquist,' � Police Chief Rechtzigel, Fire Chief Russell, and Public Works Director Saam. � 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.Bergman, seconded by Grendahl, 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. 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 Melander, approving all items on the consent agenda , with no exceptions. Ayes - 5 -Nays - 0. � � -� CONSENT AGENDA ITEMS ` , _ ` - MOTION: of Goodwin, seconded by Melander, approving the minutes of the regular meeting of July 22;2021, as written. Ayes - 5 -Nays - 0. , - MOTION: of Goodwin, seconded by Melander, approving issuance of a Temporary On-Sale � 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post�1776, ` for use on August 28, 2021, at tlie American Legion, 14521 Granada Drive, as described in the City Clerk's memo. AyesL= 5 -Nays - 0. � �' . � r l - ' CITY OF APPLE VALLEY Dakota County;Minnesota , August 12, 2021 _ ' Page 2 , � , MOTION: of Goodwin, seconded by Melander, approving the 2021-2022 Goal Setting Focus� Session Summary, as attached to the City Administrator's memo. Ayes - 5 -Nays - 0. - � . MOTION: of Goodwin, seconded'by Melander,receiving the Police Department's 2020 annual report. Ayes - 5 -Nays - 0. � � MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2021-125 approving and levying 2021 Special'Assessment Roll No. 673, for Project 2020- � ; 136, Orchard Place Utility Improvements, in the total amount of$827,872.00. � Ayes - 5 -Nays - 0. � , . ,MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2021-126 approving issuance of Gross Revenue Refunding Bonds by the Minnesota Valley � Transit Authority(MVTA) Bond Board to refinance expansion of the Eagan Bus Garage, in an estimated amount of$2,420,000.00,.and authorizing execution of _ the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander,proclaiming an extension of the Community � Festival"Music in Kelley Park"to include September 17, 2021. Ayes;- 5 =Nays - 0. � MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2021-127 returning a 1941 Buick"quick eight"vehicle to Conny Malioney,the original donor. Ayes - S -Nays - 0. , � � , MOTION: of Goodwin, seconded by Melander, approving the release of Natural Resources 'Management Permit financial guarantees for Diamond Path Elementary and for Springs at Cobblestone, as listed in the Natural Resources Technician's memo. � � Ayes - S -Nays - 0. � MOTION: of Goodwin, seconded by Melander, waiving the procedure for a second reading � ' and passing Ordinance No. 1097 amending Chapter 115 of the City Code , regazding penalties for tobacco,tobacco products, tobacco'related devices, and nicotine/lobelia delivery devices. Ayes - 5 -Nays - 0. � - _ MOTION: of Goodwin, seconded by Melander, approving the Wetland Conservation Act � (WCA) Replacement Plan for Eagle Pointe Development(PIDs 011815000010, ' 010200077022, 015665000040, 011815000030, and 011815000020), as , summarized in the complete report dated July 12, 2021, and signed May 13, 2021, and with addendum and associated correspondence dated July 28, 2021, and July � 29, 202�1,respectively. Ayes - 5 =Nays - 0. - MOTION: of Good''win, seconded by Melander, adopting Resolution No. 2021-128 �S approving the Joint Powers Agreement with the State of Minnesota on behalf of 5 CITY OF APPLE VALLEY Dakota County, Minnesota � � August 12, 2021 - Page 3 ` its City Attorney and Police Department for access to statewide-and federal data bases. Ayes - 5 -Nays - 0. , , MOTION: of Goodwin, seconded by Melander, approving the Police Liaison Services Agreement with Independent School District 196, for the 2021-2022 school year, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. � MOTION: of Goodwin, seconded by Melander, approving the Tolling Agreement with refiner defendants for coal tar lawsuit, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Opiate Antagonists Subgrant Agreement for opiate antidote reimbursement with the Metropolitan Emergency Services Board, and authorizing the Mayor and City Clerk to sign the same. Ayes � - S -Nays - 0. � � MOTION: of Goodwin, seconded by Melander, approving the agreement for Municipal Center West Parking Lot Fence and Gates with Midwest Fence and Manufacturing;in the amount of$79,796.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0.. MOTION: of Goodwin, seconded by Melander, approving the agreement for Residential Fall Clean-up Day (Appliance, Scrap Metal, and Mattress Collection)with Certified Recycling, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays -.0. MOTION: of Goodwin, seconded by Melander, approving the agreement for Residential Fall Clean-up Day (Furniture and Remodeling Debris Collection) with Lightning Disposal, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving Change Order No. 1 to the _ agreement with Met-Con Construction, Inc., for Project 2020-117, Lebanon , Cemetery Covered Ceremony Shelter, in the amount of an additional $5,869.86. Ayes - S -Nays - 0. MOTION: of Goodwin, seconded by�Vlelander, accepting Apple Valley Fire Station 3 Roof Replacement as complete and authorizing final payment on the agreement with A- Plus Roofing Company, in the amount of$37,275.00. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the�personnel actions as listed in � the Personnel Report dated August 12, 2021. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, to pay the claims and bills, check registers dated July 14, 2021, in the amount of$3,311,987.02, July 21, 2021, in the amount CITY OF APPLE VALLEY _ � - � ', � Dakota,County, Minnesota , August 12, 2021 - Page 4 , \_ � of$1,313,860.02, and July 28, 2021, in the amount�of$684,899.69. Ayes - 5 - _ � Nays - 0. l � � � , � - END OF CONSENT AGENDA ' _ FARMER AND THE FISHMONGER �Ms. Gackstetter reviewed,the application by Farmer AV, LLC, d/b/a Farmer and the Fishmonger for � On-Sa1e Intoxicating I,iquor and Special License for Sunday Liquor Sales as described in her memo. The restaurant is located at 14883 Florence Trail. She noted receipt of the affi,davit of publication of the hearing notice. The Police Department completed the background investigation and found no � reason the licenses could not be authorized at this time. � � � . � Mayor Hooppaw called the public hearing to order at 7:04 p.m. to consider the application by Farmer AV, LLC, d/b/a Farmer and the Fishmonger, 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 7:05 p.m. ; . • � MOTION: of Bergman, seconded by Grendahl, adopting Resolution�No.2021-129 , � - approving issuance of a 2021 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to Farmer AV, LLC, d/b/a Farmer and the Fishmonger, for premises located at 14883 Florence Trail, for the period of ' . October 1, 2021, through December 31, 2021. Ayes - 5 -Nays - 0. � ( l ' EAGLE POINTE � � � � � Mr.Lovelace reviewed the request by J. David Management, LLC, which is part of Brandl Anderson Homes, Inc., and Joel Watrud to allow for the subdivision of 22.2 acres for the purpose of creating 781ots and a site plan/building permit authorization to allow for the construction of � 27 single-family villa homes, 49 townhomes, 1 single-family dwelling, and 1 lot to be used for ' � ' �common open space,private streets, guest parking, and storm water ponds. Also for consideration is an agreement with Brandl Anderson Homes, Inc., for engineering design of , public infrastructure to serve the proposed Eagle Pointe Development. The Planning • Commission held a public hearing on this development request on June 16, 2021, and voted unanimously to recommend approval of the preliminary plat and site plan/building permit . authorization on July 21, 2021. � - Discussion followed. , - , i The Council thanked staff,the Plannirig Commission, and the developer for working together to - find such a wonderful solution for this site. � MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2021-130 approving subdivision by preliminary plat of Eagle Pointe Addition,with , conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 12, 2021 Page 5 MOTION: of Bergman, seconded by Melander, adopting Resolution No.2021-131 approving the site plan and authorizing issuance of a building permit to allow for construction of 27 villa dwellings and 49 townhome dwellings (one 3-unit,nine 4-unit, and two 5-unit buildings) on Lots 1-76, Block 1, Eagle Pointe Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. . MOTION: of Goodwin, seconded by Melander, approving the Agreement with Brandl , Anderson Homes, Inc., for the design of Project 2021-155, Eagle Pointe Street and Utility Improvements, and authorizing the Mayor and City Clerk to sign the same. Councilmember Grendahl pointed out that no one was here to speak to these items. Vote was taken on the motion: Ayes - 5 -Nays - 0. , COMMUNICATIONS Mr. Lawell said the City is in need of liquor store clerks and invited those interested to apply. The Council congratulated Gable Steveson on his Olympic gold medal and said the City is working with the School District on a future celebration. They also thanked the Police and Fire Departments, City staff, and residents who participated in Night to Unite. CALENDAR OF UPCOMING EVENTS � MOTION: of Grendahl, seconded by Melander, approving the calendar of upcoming events as included in the 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 Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:38 o'clock p.m. Respectfully Submitted, (� o�C� Pamela J. Ga s ett ity Clerk Approved by the Apple Valley City Council , on 8�26/21 Clint Hooppaw, Mayor