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Home My WebLink About11/23/2021 CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 2021 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 23, 2021, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Melander. ABSENT: Councilmember Grendahl. City staff inembers present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson, Police Captain Francis, Assistant City Administrator Grawe, Finance Director Hedberg, 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 Melander, 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 Melander, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. , CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Melander, approving the minutes of the regular meeting of November 9, 2021, as written. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving issuance of a lawful gambling exempt permits, by the State Gambling Control,Board, to Apple Valley American Legion Auxiliary,Unit 1776, for use on January 22, 2022, March 26, 2022, and May 7, 2022, at the Apple Valley American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County,Minnesota . November,23,2021 � - Page 2 MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2021-179 establishing precinct boundaries and polling places for 2022 elections. Ayes -4 - Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the 2022 rates for City Attorney services, as attached to the Assistant City Administrator's memo. Ayes - 4 -Nays - 0. ' MOTION: of Goodwin, seconded by Melander, adopting Resolution No.2021-180 � approving a 30-ft. variance,reducing the setback on 153rd Street W. from 40 ft. to �� 10 ft.,to construct a 1,280 sq. ft. canopy at 7480 153rd Street W., as recommended by the Planning Commission. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2021-181 _ _ approving a 29-ft. variance,reducing the setback on Cedar Avenue from 50 ft. to 21 ft.,to construct a 768 sq. ft. canopy at 7480 153rd Street W., as recommended by the Planning Commission. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the purchase of Motorola APX- 6000 Encrypted 800 MHz radios for the Fire Department, in the amount of $303,615.28, as attached in the Fire Chief's memo. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Purchase Order with Keys Well Drilling Company for Valleywood Irrigation Well Maintenance Inspection, , in the amount of$23,102.00. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Master Services Agreement for a 12-month City of Apple Valley vCISO program with Cyber Advisors, Inc., in the amount of$40,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. � MOTION: of Goodwin, seconded by Melander, approving the Agreement for Apple Valley 2021 Education Partnership Building HVAC, with All Systems Mechanical, LLC, - in the amount of$80,800.00, and authorizing the Mayor and City Clerk to sign _ the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Melander, approving the Community Waste Abatement 2022 Grant Agreement with Dakota County and the Cities of Burnsville, Eagan, " and Lakeville, d/b/a Dakota Valley Recycling, and authorizing the Mayor and CiTy Clerk to sign the same. Ayes - 4 -Nays - 0. _� , �MOTION: of Goodwin, seconded by Melander, approving the Agreement for AV Liquor . Store 1 -Breakroom Remodel with Fendler Patterson Construction, Inc.;in the amount of$17,189.00, and authorizing the Mayor and City Clerk to sign the . � same. Ayes -4 -Nays - 0. J CITY OF APPLE VALLEY Dakota County, Minnesota November 23, 2021 Page 3 MOTION: of Goodwin, seconded by Melander, approving the Agreement for Project 2021- 164, Well Pumps 7, 9, and High Zone Pump 2 Maintenance, with Keys Well Drilling Company, in the amount of$112,250.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. , MOTION: of Goodwin seconded by Melander, approving Change Order No. 1 to the Agreement with Midwest Fence and Manufacturing, for Municipal Center West Parking Lot Fence and Gates, in the amount of an additional $8,120.00. Ayes - 4 -Nays - 0. , MOTION: of Goodwin seconded by Melander, approving the personnel actions as listed in � the Personnel Report dated November 23, 2021. Ayes -4 -Nays - 0. MOTION: of Goodwin seconded by Melander, approving the claims and bills check registers dated,November 3, 2021, in the amount of$676,481.99, and November 10, 2021, in the amount of$1,293,179.47. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA 2022 ON-SALE LIQUOR AND W1NE LICENSE RENEWALS Ms. Gackstetter reviewed her memo regarding renewal applications for On-Sale Intoxicating Liquor, Club, Concessionaire, Wine, and 3.2 Percent Malt Liquor licenses for 2022. She noted receipt of the affidavit of publication of the hearing notice and stated no comments have been received. Ms. Gackstetter stated that although the On-Sale 3.2 Percent Malt Liquor renewal licenses are included in the public hearing this evening, action on all 3.2 Percent Malt Liquor licenses will take place at a later date. Discussion followed. Mayor Hooppaw called the public hearing to order at 7:06 p.m. to consider renewal applications for On-Sale Intoxicating Liquor, Club, Concessionaire, Wine, and 3.2 Percent Malt Liquor licenses for the year 2022. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:07 p.m. MOTION: of Bergman, seconded by Goodwin, approving renewal, for 2022, of On-Sale Intoxicating Liquor, Club On-Sale Intoxicating Liquor, Concessionaire On-Sale Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses, subject to receipt of the necessary fees and documents, by adopting - Resolutions No. 2021-182 for Apple Minnesota, LLC, d/b/a Applebee's Neighborhood Grill &Bar; No. 2021-183 for Apple Valley Grill, LLC, d/b/a Wild Bill's Sports Saloon; No. 2021-184 for AVC, LLC, d/b/a Cowboy Jacks; No.2021-185 for Blazin Wings, Inc., d/b/a Buffalo Wild Wings; No. 2021-186 for CCH, LLC, d/b/a Celts Craft House; No. 2021-187 for DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House; No. 2021-188 for E1 Azteca Apple, Inc., dfb/a El Azteca Mexican Restaurant; No. 2021-189 for Farmer AV, CITY OF APPLE VALLEY � _ Dakota County, Minnesota November 23, 2021 Page 4 � 1 LLC, d/b/a Farmer and the Fishmonger; No.2021-190 for LoKo Bowling, Inc., � d/b/a Bogart's Entertainment Center; No. 2021-191 for LSP Ventures, Inc., d/b/a - Rascals Apple Valley Bar& Grill; No.2021-192 for M, S &R, III, LLC, d/b/a Masu Sushi and Noodle; No.2021-193 for Misfit AV, LLC, d/b/a Mezcalito , Butcher; No.2021-194 for Osaka AV, Inc., dJb/a Osaka Seafood Steakhouse; No. ' 2021-195 for PBAV-Sanders, LLC, d/b/a Panino Brothers; No. 2021-196 for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers,&Brews; No. 2021- �197 for Tavern Apple Valley, LLC, d/b/a The Tavern�Grill Restaurant+Bar; No. , 2021-198 for Apple Valley American Legion, Post 1776; No.2021-199 for Lancer Food and Beverage, LLC;No.2021-200 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No.2021-201 for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; No.2021-202 for Ooka Bistro, � Inc., d/b/a Ooka; and No.2021-203 for Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger#1317. Ayes -4 -Nays - 0. , , SHORELAND OVERLAY ZONING DISTRICT Ms. Bodmer reviewed the request for three ordinance amendments to the"SH" (Shoreland Overlay) zoning district. The City is the petitioner for this item and is required by State law to ensure its�"SH"regulations match those updated by the Department of Natural Resources. An open house was held October 13, 2021, and the Planning Commission reviewed this item on November 3, 2021, and voted unanimously to recommend approval. Discussion followed. t MOTION: of Goodwin, seconded by Melander,waiving the procedure for a second reading and passing Ordinance No. 1101 amending Chapter 155 (Zoning) of the City , Code,by updating the "SH(Shoreland Overlay zoning district, as recommended � by the Planning Commission and in compliance with the State Shoreland Model Ordinance. Ayes -4 -Nays - 0. , MOTION: of Bergman, seconded by Melander,passing Ordinance No. 1102 amending the �, Zoning Map by placing 11 properties abutting Keller Lake in the"SH" (Shoreland Overlay) zone, as recommended by the Planning Commission and in compliance , with the State Shoreland Model Ordinance. Ayes -4 -Nays - 0. � MOTION: of Bergman, seconded by Melander,waiving the procedure for a second reading and passing Ordinance No. 1103 amending Chapter 152 (Natural Resources) of ' the City Code by enacting the "SH" (Shoreland Overlay) zoning district � requirements, as recommended by the Planning Commission and in compliance with the State Shoreland Model Ordinance. Ayes -4 -Nays - 0. . � COMMUNICATIONS � Councilmember Bergman complimented staff on the open houses they recently held in connection with the 2022 road reconstruction projects. � CITY OF APPLE VALLEY , Dakota County, Minnesota November 23, 2021 Page 5 Mr. Lawell said residents can learn more about the good work that is happening in the City by watching the State of the City video which is posted on the City's website. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Bergman, 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. Mr. Lawell said the Council lit the holiday tree prior to the meeting and thanked the RAVE Brass band for playing music and entertaining everyone. MOTION: of Goodwin, seconded by Melander, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:31 o'clock p.m. Respectfully Submitted, P �� Pamela J. G c st , City Clerk Approved by the Apple Valley City Council � on 12/al /21 Clint Hooppaw, Mayor