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Home My WebLink About01/27/2022 CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 27, 2022, at 7:00 o'clock p.m., at Apple Valley Municipal Center. 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, Parks and Recreation Director Carlson, Police Captain Francis, Finance Director Hedberg, Community Development Director Nordquist, Police Chief Rechtzigel, Fire Chief Russell, 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 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. 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 Grendahl, seconded by Melander approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Melander, approving the minutes of the regular meeting of January 13, 2022, as written. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to 1776 American Legion Riders, for use on March 26, 2022, at Bogart's Entertainment Center, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 2 MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-13 setting a public hearing, at 7:00 p.m., on February 24, 2022, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by AV Hospitality SBC. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the reduction of financial guarantees for Orchard Place 2nd Addition from $400,000.00 to $355,315.00 and Orchard Place Storm Water Improvements from $400,000.00 to $50,000.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the permit to move overweight structure on City streets on February 22, 2022, as described in the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-14 approving an 8-foot setback variance (from 40 ft. to 32 ft.) from Galaxie Avenue on Lot 8, Block 1, Tempo Estates (12889 Forest Court) for a 624 sq. ft. detached garage, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the two-year agreement for Project 2022-125, Supply 72" Mowers for Lease, with MN Ag Power, Inc., in the amount of$76,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-15 accepting base bid and alternates 2, 3, 4, 5, 6, 8, and 9, and awarding the agreement for Project 2022-124, Valleywood Golf Course Improvements and Irrigation System, to Liebold Irrigation, Inc., the lowest responsible bidder, in the amount of $2,095,778.00. Ayes - 4 -Nays - 0 - Abstain - 1 (Grendahl). MOTION: of Grendahl, seconded by Melander, approving the Joint Powers Agreement with the City of Rosemount and Dakota County for Law Enforcement and Community Services Coordinated Response Pilot, as attached to the Police Captain's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, approving Change Order No. 1 to the agreement with B&B Commercial Coatings, LLC, with a deduction of$375.00; and accepting Project 2021-142, 2021 Hydrant Reconditioning and Painting, as complete and authorizing final payment in the amount of$5,750.00. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the Agreement for 2022 City Newsletter Printing and Mailing with Johnson Litho Graphics of Eau Claire, Ltd., in the amount of$23,995.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 3 MOTION: of Grendahl, seconded by Melander, accepting Project 2021-105, 2021 Street Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of$105,403.65. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-16 amending the 2022 Pay and Benefit Plan. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Melander, approving the personnel actions as listed in the Personnel Report dated January 27, 2022. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Melander, to pay the claims and bills, check registers dated January 5, 2022, in the amount of$1,035,331.69; and January 12, 2022, in the amount of$2,644,455.62. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA APPLE VALLEY INDUSTRIAL - OPUS DEVELOPMENT - ORDINANCE AMENDMENT Mr. Sharpe reviewed the request by Opus Development Company, LLC, for site plan/building permit authorization to construct a 112,170 sq. ft. industrial building at the northwest corner of Johnny Cake Ridge Road and 147th Street W. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No. 2022-17 approving the site plan and authorizing issuance of a building permit to allow construction of a 112,170 sq. ft. industrial building on Outlot A, Karamella Addition, subject to conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. U-HAUL APPLE VALLEY Mr. Sharpe reviewed the request by U-Haul Apple Valley to rezone property located at 6895 151 st Street W. from "PD-254, Zone 1"to "PD-254, Zone 2" and amend "PD-254, Zone 2" to allow Self-Storage Facilities as a permitted use and to increase the total building coverage from 30%to 40%; a Conditional Use Permit for exterior storage of rental vehicles and trailers; and a site plan/building permit authorization for a 12,230 sq. ft. building addition. The Planning Commission reviewed this item on January 5, 2022, and unanimously recommended approval. Councilmember Grendahl asked for additional information regarding the colored banding at the top of the building. Mr. Sharpe responded that the Planning Commission added a condition to include U-Haul's signature orange banding on the top of the new building so it was consistent with the existing building. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 4 Mr. Ryan Anderson, from ISG, said it is U-Haul's preference not to install the orange banding on the new structure. He added that the orange banding on the existing building may be removed during a future renovation. Discussion followed. nded b Grendahl waivin the re uirement for a second readin MOTION: of Melander, seco y , g q g and passing Ordinance No. 1105 rezoning Lot 1, Block 1, U Haul Apple Valley Addition (6895 151st Street W.) from "PD-254, Zone 1" to "PD-254, Zone 2" and amending "PD-254, Zone 2"to allow Self-Storage Facilities as a permitted use and to increase the total building coverage to 40%. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2022-18 approving a Conditional Use Permit to allow exterior storage of rental vehicles and trailers on Lot 1, Block 1, U Haul Apple Valley Addition(6895 151st Street W.), for U-Haul Apple Valley, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. Councilmember Goodwin offered a motion adopting the resolution approving the site plan and authorizing issuance of a building permit to allow construction of a 12,230 sq. ft. building addition on Lot 1, Block 1, U Haul Apple Valley Addition (6895 151st Street W.), subject to conditions as recommended by the Planning Commission, which died for lack of a second. MOTION: of Grendahl, seconded by Melander, amending the resolution by deleting the addendum in condition 5 requiring the installation of orange banding and adopting Resolution No. 2022-19 approving the site plan and authorizing issuance of a building permit to allow construction of a 12,230 sq. ft. building addition on Lot 1, Block 1, U Haul Apple Valley Addition (6895 151st Street W.), subject to conditions as recommended by the Planning Commission, as amended. Ayes - 4 - Nays - 1 (Goodwin). COWBOY JACKS - ORDINANCE AMENDMENT Mr. Sharpe gave the first reading of the ordinance amending "PD-290" (Planned Development) reducing the building setback from 30 ft. to 20 ft. along all other streets in Zone 1. AVC, LLC, d/b/a Cowboy Jacks requested the amendment to allow for the construction of a 328 sq. ft. building addition at 14998 Glazier Avenue. MOTION: of Bergman, seconded by Grendahl, waiving the requirement for a second reading and passing Ordinance No. ll06 amending"PD-290" (Planned Development) reducing the building setback from 30 ft. to 20 ft. along all other streets in Zone 1, as recommended by the Planning Commission. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 27, 2022 Page 5 CEMETERY ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the completion of service of Cemetery Advisory Committee Member Jay Hoekstra, which will create a vacancy on the Cemetery Advisory Committee with a term expiring March l, 2025. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by February 28, 2022. An appointment could then be made in March. MOTION: of Grendahl, seconded by Melander, acknowledging the completion of service by Cemetery Advisory Committee Member Jay Hoekstra and thanking him for his dedicated service to the City of Apple Valley, directing staff to post the Cemetery Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by February 28, 2022. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Carlson reminded everyone of Mid-Winter Fest on February 5, 2022, at Johnny Cake Ridge Park - West and played a short promotional video for the event. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, 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 - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:39 o'clock p.m. Respectfully Submitted, Po�,c�{ Pamela J. G c ste er City Clerk Approved by the Apple Valley City Council on 2/l O�22 Clint Hooppaw, Mayor