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Home My WebLink About05/26/2022 CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 26, 2026, at 7:00 o'clock p.m. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl. ABSENT: Councilmember Melander. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Planner Bodmer, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Finance Director Hedberg, City Planner Lovelace, Community Development Director Nordquist, 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 Grendahl, seconded by Bergman, 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of May 12, 2022, as written. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the addition of officer for AV Hospitality SBC, in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 14521 Granada Drive, adding Steven Warren Webb as Director, as described in the City Clerk's memo. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2022 Page 2 MOTION: of Goodwin, seconded by Grendahl, authorizing issuance of a 1 to 4 Day Temporary On-Sale Liquor License to Apple Valley American Legion, Post 1776, by Minnesota Alcohol and Gambling Enforcement Division, for use on July 4, 2022, outdoors at the American Legion, 14521 Granada Drive. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, proclaiming June 19, 2022, as "Juneteenth Day" in Apple Valley 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 - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the 2022-2023 Goal Setting Focus Session Summary, as attached to the City Administrator's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-77 amending the 2022 Operating Budget for specific items. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl approving the 2023 Budget Calendar and setting a special informal City Council meeting, at 5:30 p.m., on July 28, 2022. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-78 approving and levying Special Assessment Roll No. 683, for Project 2020-134, 155th and Pilot Knob Roadway Improvements. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-79 approving and levying Special Assessment Roll No. 684, for Project 2020-135, Orchard Place Pilot Knob Turn Lane Improvements. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing helicopter landing and lift-off in Johnny Cake Ridge Park on July 3, 2022, as described in the Parks and Recreation Director's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, authorizing an event permit for Special Olympics 5K, including temporary road closure of Flagstaff Avenue on July 20, 2022, as described in the Planning and Economic Development Specialist's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-80 ordering installation of a stop sign on Juniper Lane at Walnut Lane. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-81 ordering installation of a stop sign on Edgewood Lane at Walnut Lane. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2022 Page 3 MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-82 ordering installation of a stop sign on Park Lane at Walnut Lane. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-83 ordering installation of a stop sign on Spruce Drive at Elm Drive. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the License Agreement for retaining wall encroachment at 138 Chaparral Drive (Lot 7, Block 6, Palomino Hills 4th Addition), and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the License Agreement for retaining wall encroachment at 13488 Georgia Court (Lots 6 and 7, Block 2, Cherry Oak Estates), and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-84 approving a 5-foot variance from the minimum rear yard setback, at 13488 Georgia Court, (Lots 6 and 7, Block 2, Cherry Oak Estates), reducing the setback from five feet to zero feet for retaining walls, with conditions as recommended by the Planning Commission. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Encroachment Agreement with Applewood Pointe Cooperative of Apple Valley, to allow for the temporary encroachment to construct a retaining wall on Lot 1, Block 1, Applewood Pointe of Apple Valley, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Aquatic Invasive Species Aid Grant Agreement for Curly Leaf Pondweed Management on Long Lake and Farquar Lake, in the total amount of$8,182.00, as attached to the Water Resource Specialist's memo, authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Aquatic Invasive Species Aid Grant Agreement for Goldfish Aging and Education for Keller Lake Goldfish, in the amount of$700.00, as attached to the Water Resource Specialist's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes -4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Metropolitan Council Clean Water Fund Grant Agreement No. SG-17757 with Metropolitan Council, as attached to the Public Works Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2022 Page 4 MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-85 approving an Amended and Restated Joint Powers Agreement Establishing Dakota 911 with Dakota Communications Center. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Intergovernmental Agreement with the Metropolitan Council, for 2022 Citizen-Assisted Lake Monitoring Program (CAMP), in the amount of$2,660.00, for Cobblestone Lake, Farquar Lake, Long Lake, and Scout Lake, as attached to the Water Resources Specialist's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Opiate Antagonists Subgrant Agreement with Metropolitan Emergency Services Board for reimbursement for opiate antagonists purchased by the Police Department, as attached to the Police Chief s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Fee-For-Service Work Order with Tree Trust for Youth Employment Program, not to exceed $6,000.00, as attached to the Parks and Recreation Director's memo. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated May 26, 2022. Ayes - 4 -Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated May 4, 2022, in the amount of$2,918,783.06; and May 11, 2022, in the amount of$1,252,247.07. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA LUNDS & BYERLYS Mr. Lovelace reviewed the request by LB Apple Valley, LLC, for approval of subdivision of an 8.09 acre outlot into three lots and a site plan/building permit authorization to allow for the construction of a 44,600 sq. ft. grocery store. MOTION: of Goodwin seconded by Grendahl, adopting Resolution No. 2022-86 approving the preliminary plat of LB Apple Valley, for the subdivision of Outlot B, Orchard Place 2nd Addition, into three lots, with conditions as recommended by the Planning Commission. The Council welcomed the business to Apple Valley. Mr. Mitch Avery, for Lunds & Byerlys, said this will be a state-of-the-art store, the best of the best in their portfolio. He thanked the Council and Planning Commission for their support and said staff has been terrific. Plans are to open June 2023. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2022 Page 5 Vote was taken on the motion: Ayes -4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2022-87 approving the site plan and authorizing issuance of a building permit for construction of a 44,600 sq. ft. grocery store on Lot 1, Block 1, LB Apple Valley, with conditions as recommended by the Planning Commission. Ayes - 4-Nays - 0. ORDINANCES AMENDING CHAPTERS 95 AND 130 Mr. Carlson gave the first reading of ordinances amending City Code Section 95.03, regulating Parks and Recreation, regarding display of firearms in Parks, and Section 130.22, regulating use of bows and arrows within the City by adding permissible use within City park designated archery ranges. The amendments were prepared by the City Attorney. MOTION: of Grendahl, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1111 amending Chapter 95 of the City Code, regulating Parks and Recreation, regarding display of firearms in Parks. Discussion followed. Vote was taken on the motion: Ayes -4 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1112 amending Chapter 9130 of the City Code, regulating use of bows and arrows within the City, by adding permissible use within City park designated archery ranges. Ayes - 4 -Nays - 0. COMMUNICATIONS Mr. Carlson said the Kelley Park splash pad is open and operating and pools are scheduled to open June 9, 2022. He then invited residents to participate in the Parks survey which is posted on the City's website. Mr. Lawell invited everyone to the Memorial Day ceremony starting at 11:00 a.m. on May 30, 2022, at the Apple Valley American Legion. Mayor Hooppaw thanked staff for pulling together the State of the City information which he presented at yesterday's Chamber luncheon. He recently visited the School of Environmental Studies and noted students are currently stenciling curbs for the City. Lastly, he reminded everyone Music in Kelley Park starts on June 17, 2022. CITY OF APPLE VALLEY Dakota County, Minnesota May 26, 2022 Page 6 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 - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:22 o'clock p.m. Respectfully Submitted, P Pamela J. G6*eVa, City Clerk Approved by the Apple Valley City Council on G/16/22. Clint Hooppaw, Mayor