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HomeMy WebLinkAbout06/08/2023 CITY OF APPLE VALLEY Dakota County, Minnesota June 8,2023 Minutes of the special meeting of the City Council of Apple Valley, Dakota County, Minnesota, held June 8, 2023, at 7:00 o'clock p.m. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Community Development Director Benetti, City Planner Bodmer, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis,Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Fire Chief Nelson, 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 Bergman, seconded by Grendahl, removing item 4.G from the consent agenda and approving the agenda for tonight's meeting, as amended. 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 Melander, seconded by Grendahl, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Grendahl, approving the minutes of the regular meeting of May 25, 2022, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board,to Apple Valley American Legion Auxiliary,Unit 1776, for use on September 9, 2023, October 14, 2023, February 10, 2024, March 23, 2024, and May 4, 2024, at the Apple Valley CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2023 Page 2 American Legion, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 5 -Nays - 0. MOTION: of Melander, 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, 2023, outdoors at the American Legion, 14521 Granada Drive, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving issuance of a Temporary Event License in connection with a community festival to AV Hospitality SBC for use on June 30, 2023, outdoors at 14521 Granada Avenue. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, authorizing a Helicopter to land at and take off from Johnny Cake Ridge Park on,July 3, 2023, as described in the Parks and Recreation Director's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-81 establishing parking restrictions and road closures for Freedom Days celebration events. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-82 adopting 2023 performance measures and approving participation in the Performance Measurement Program. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the ALF Ambulance 2024 Budget, as attached to the City Administrator's memo, as recommended by the ALF Ambulance Board. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, receiving the Firefighters Relief Association Certification of 2024 Financial Requirements, as attached to the Fire Chief's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the reduction of financial guarantees for Orchard Place 2nd Addition from $96,263.00 to $39,622.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-83 approving an application to the State of Minnesota Capital Budget for the Apple Valley Sports Arena. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2023-84 authorizing issuance of a model home building permit for Lots 45-48, Block 1, Eagle Pointe Apple Valley. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8,2023 Page 3 MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2023-85 approving the final plat, Development Agreement, and Stormwater Agreement, for Dicks Valley Service, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Sale and Purchase Agreement for Project 2021-172, Police Garage, with McNamara Contracting Properties, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Lease Agreement with Scott- Carver-Dakota CAP Agency, Inc., for use of Redwood Community Center meeting room space from July 1,2023,through June 30, 2024, as attached to the Parks and Recreation Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for Project 2023- 102, 2023 Utility Improvements, with BKJ Land Co. II, Inc., in the amount of $43,110.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for towing and other vehicle related services with Dick's Valley Service, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving Change Order No. 5 for Apple Valley Station#2 and Improvements to#1 & #3, with various contractors for a total amount of$32,547.89. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, accepting Project 2023-112, 2023 Parks Ash Removal for State EAB Grant, as complete and authorizing final payment on the agreement with Carr's Tree Service, in the amount of$14,112.88. Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, accepting Project 2021-171, Work on Johnny Cake Ridge Park East Maintenance Building -Electrical, as complete and authorizing final payment on the agreement with Neo Electrical Solutions, LLC, in the amount of$10,275.00. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-86 amending the 2023 Pay and Benefit Plan. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated June 8, 2023. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County,Minnesota June 8,2023 Page 4 MOTION: of Melander, seconded by Grendahl,to pay the claims and bills, check registers dated May 17,2023, in the amount of$1,513,841.88; and May 24, 2023, in the amount of$1,137,605.75. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA GRANT FROM GREAT RIVER ENERGY Mr. Saam said the City is receiving a$10,000 grant from Great River Energy in partnership with Dakota Electric Association for financial assistance towards the purchase of an electric City vehicle. Mr. Kyle Chester, from Dakota Electric Association, and Mr. Jamie Stallman, from Great River Energy,then presented the Council with a check for$10,000. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No 2023-87, approving accepting a grant in the amount of$10,000 from Great River Energy toward the purchase of an electric vehicle. Ayes - 5 -Nays - 0. 2023 APPLE VALLEY FREEDOM DAYS Mr. Pat Gansmoe, from the Freedom Days Committee, reviewed the various activities planned for the 57th Annual Apple Valley 4th of July Freedom Days Celebration, which begins on June 28 and concludes on July 5. 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. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No 2023-88, proclaiming June 28 -July 5, 2023,the"57th Annual Apple Valley Freedom Days Celebration" and community festival and authorizing temporary placement of signage on public property. Ayes - 5 -Nays - 0. MUSIC IN KELLY PARK Ms. Mary Hamann-Roland, from the Apple Valley Arts Foundation, invited the public to the 25th annual "Music in Kelley Park"concert series from 6:30 p.m. to 8:30 p.m. on Fridays in June,July, and August. These free events are sponsored by the Apple Valley Arts Foundation, the City of Apple Valley, and several local businesses. There will also be food and beverages available for sale. In addition, several prizes will be given away throughout the series. She thanked the many sponsors who make the event possible. MOTION: of Grendahl, seconded by Bergman,proclaiming June 16, 23, and 30; July 7, 14, 21, and 28; and August 4, 11, and 18, 2023, from 6:30 p.m. to 8:30 p.m. as "Music in Kelley Park" and declaring it a community festival and encouraging citizens to support and attend these community events. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8,2023 Page 5 2023 APPLE VALLEY FREEDOM DAYS - Continued Ms. Pat Schesso, from the Freedom Days Committee, distributed invitations to the City Council for the parade in connection with the 57th Annual Apple Valley Freedom Days Celebration. She also highlighted changes and special events and thanked the City Council and City staff for their support of this event. HIGH SCHOOL TURF FIELD ACCESSORY STORAGE BUILDINGS Ms. Bodmer reviewed the request by Independent School District 196 for a Conditional Use Permit and two variances at Apple Valley High School, located at 14450 Hayes Road, and for a Conditional Use Permit and variance at Eastview High School, located at 6200 140th Street W. The Planning Commission reviewed both items on June 7, 2023, and voted unanimously to recommend approval. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2023-89 approving a Conditional Use Permit to allow a 1,500 sq. ft accessory storage building in a "P"(Institutional zoning district,with conditions as recommended by the Planning Commission. Ayes- 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2023-90 approving a 100 sq. ft. variance to the maximum size of an accessory storage building on Lot 1,Block 1,Apple Valley High School, increasing it from 1,400 sq. ft. to 1,500 sq. ft., with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2023-91 approving a four-building variance to the maximum number of accessory storage buildings on Lot 1, Block 1, Apple Valley High School, increasing it from two to six,with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-92 approving a Conditional Use Permit to allow a 1,500 sq. ft accessory storage building in a "P" (Institutional zoning district,with conditions as recommended by the Planning Commission. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-93 approving a 100 sq. ft. variance to the maximum size of an accessory storage building on Lot 1, Block 1,High School Four Second Addition, increasing it from 1,400 sq. ft. to 1,500 sq. ft., with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2023 Page 6 CHASE BANK Mr. Sharpe reviewed the request by J P Morgan Chase Bank,N.A., for a site plan building permit authorization for a 3,319 sq. ft. bank building at 15580 English Avenue. The Planning Commission reviewed the project on May 17, 2023, and voted unanimously to recommend approval. Discussion followed. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2023-94 approving the site plan and authorizing issuance of a building permit to allow construction of a 3,319 sq. ft. retail building for Chase Bank on Lot 3, Block 1, LB at Orchard Place, with conditions as recommended by the Planning Commission. Ayes- 5 - Nays - 0. ORDINANCES AMENDING CHAPTERS 122 AND 155 Mr. Benetti gave the second reading of ordinances amending Chapters 122 and 155 of the City Code, regarding short-term rentals. The first reading was held May 25, 2023. The amendments were prepared by the City Attorney. Mr. Sam Humphries, 13120 Doyles Court and 4746 137th Street W., commented. He is in favor of short-term rental (STR)properties and believes they are a good thing, if operated properly. He explained his position and pointed out multiple scenarios, besides short-term rentals,that bring strangers into neighborhoods. He said he and his wife only allow renters who have a proven track record of responsibly and respectfully staying at other STR properties. He also stated that prohibiting short-term rentals would cause a financial hardship for numerous community members, as well as his own family. He stated he and his wife are committed to providing a safe and appealing neighborhood. He requested the Council consider testimony others provided at previous meetings as to why they do not support prohibiting short-term rentals. He believes it is good information and should be considered before a decision is made on this issue. Lastly,he noted other municipalities have set up regulations for the issuance and revocation of licenses for STR operators. Councilmember Bergman noted the amendment just strengthens what already exists in the ordinance. Councilmember Goodwin said one of the reasons this is being considered is due to the number of complaints the City has received. Discussion followed. Councilmember Melander said it is incumbent on residents to know what the rules are before they start operating. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2023 Page 7 Mayor Hooppaw said he does not believe the current ordinance is clear and he is not sure the 30- day requirement will solve the problem. He noted properties are experiencing similar problems whether the homeowner lives on site or the property is rented short-term. He would prefer to deal with the problems, instead of the use. He liked the Planning Commission's idea of studying the matter further. Councilmember Grendahl reminded everyone the amendment is not taking any rights away. Property owners currently did not have the right to rent their home on a short-term basis. MOTION: of Goodwin, seconded by Bergman,passing Ordinance No. 1120 amending Chapter 122 of the City Code, regarding rental property registration regulations. She is open to an additional study after it is acted on tonight. Councilmember Hooppaw said he would like the study to come back soon if this is going to move forward. Discussion continued. Vote was taken on the motion. Ayes -4 -Nays - 1 (Hooppaw). MOTION: of Goodwin, seconded by Bergman,passing Ordinance No. 1121 amending Chapter 155 of the City Code, regarding short term-rental of residential properties. Ayes- 4 -Nays- 1 (Hooppaw). ORDINANCES AMENDING CHAPTERS 155, PD-646/ZONE 2 Mr. Sharpe gave the first reading of an ordinance amending Chapter 155, Appendix F, Article 24, Planned Development No. 646, Zone 2, by adding drive-through window service in conjunction with a Class-III restaurant as a permitted use. The amendment was prepared by the City Attorney. The Planning Commission held a public hearing on June 7, 2023, and j unanimously recommended approval. Discussion followed. Ms. Liza Robson provided background on Constellation Coffee. She said when the stars align anything can happen. She explained the importance of providing work opportunities for individuals with disabilities and reviewed Constellation Coffee's mission. She also explained the importance of allowing the courtesy window. Councilmember Grendahl asked when they plan to open. Ms. Robson said they plan to open sometime this fall. Discussion continued. CITY OF APPLE VALLEY Dakota County, Minnesota June 8, 2023 Page 8 MOTION: of Bergman, seconded by Grendahl,passing Ordinance No. 1122 amending Chapter 155,Appendix F, Article 24, Planned Development No. 646,Zone 2,by adding drive-through window service in conjunction with a Class-III restaurant as a permitted use, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Lawell announced that Night to Unite application materials, which are available on the City's website,must be submitted by July 25, 2023. Night to Unite is August 1, 2023. 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 Bergman, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:28 o'clock p.m. Respectfully Submitted, P a49otbUAj Pamela J. G to , City Clerk Approved by the Apple Valley City Council on 8/t 3 f 2'S Clint ooppaw, ayo