[0:36] Mayor Clint Hooppaw: Good evening. We will call this meeting to order for the June 8, 2023, Apple Valley City Council meeting. I'd like to welcome everyone. As we get to your items on the agenda, we'd like to ask you to come up to the podium and state your name for the record and speak to your item. Before we get started, we'll begin with the first item, which is the Pledge of Allegiance. I'd ask everyone to rise and join us in the pledge. [1:50] Mayor Clint Hooppaw: Thank you. Thanks, everyone. The second item on our agenda is to approve our agenda. And Tom, I know we have a handful of changes and additions. Do you want to walk us through these? [2:00] Tom Lawell: Yes, good evening, Mr. Mayor, members of the Council. Because we don't have a second City Council meeting in June, we had a number of items on the Planning Commission last night that will be advanced to the City Council tonight. Because of that, we do have more changes to the agenda than normal. I will walk you through those. First of all, on the consent agenda, item 4G, we would request that this item be pulled from tonight's agenda. We will come back to you with this item when it is ready; this relates to a competitive negotiated General Bond sale. The second item is item 5D2 on your agenda. This one is related to the Apple Valley High School turf field accessory storage building. This item had some revisions made because it was heard at the Planning Commission last night. That's item 5D2. Next item is 5D3, Apple Valley High School turf field accessory storage unit—that is 5D3. Just making sure here... yes. There are two items related to the Apple Valley item. 5E2 is Eastview High School turf field accessory storage building; we have a revised resolution on that item. On 5G, this is an item on the agenda related to short-term rentals, and you have received some additional public comment on that topic, so we want to make sure the Council had that before you tonight. So you have that 5G item. And then 5H, which is the drive-through window in conjunction with a class 3 restaurant; we had a revision to that item as well. So that's 5H. And then lastly, on item 7, that's your calendar of upcoming events; we have an updated version of that as well. [4:01] Mayor Clint Hooppaw: All right. So we have one change in the removal of 4G and then a number of revisions and updates this evening. So with that, I would ask if there are no other changes for a motion for the agenda. [4:25] John Bergman: So moved. [4:26] Ruth Grendahl: Second. [4:27] Mayor Clint Hooppaw: Motion from Councilmember Bergman and a second from Councilmember Grendahl. All those in favor indicate by saying aye. [4:31] Council Members: Aye. [4:33] Mayor Clint Hooppaw: Next item on our agenda—that passes, by the way—is the audience participation portion of the meeting. This is for items not on the agenda. We have a total of 10 minutes for this item. I don't see anyone signed up for the audience participation portion. Would anyone like to speak in the audience on items not on the agenda? Seeing none, we will close this portion of the meeting and move on to the consent agenda. These items are considered routine and will be enacted with a single motion unless a council member or citizen requests to pull an item. Council members, are there any items you'd like to pull from consent? Seeing none, citizens, any items to pull from consent? All right, seeing none there, we would look for a motion to approve the consent agenda. [5:20] Tom Melander: So moved. [5:21] Ruth Grendahl: Second. [5:22] Mayor Clint Hooppaw: We have a motion from Councilmember Melander and a second from Councilmember Grendahl. All those in favor indicate by saying aye. [5:25] Council Members: Aye. [5:27] Mayor Clint Hooppaw: And opposed? Consent agenda is approved. On to our regular agenda, we'll start with item 5A, which is to adopt a resolution accepting a grant from Great River Energy. [5:40] Matt Saam: Yes, thank you, Mr. Mayor and Council. I think I'll invite up Kyle Chester with Dakota Electric and Jamie Stallman with Great River Energy to help me. This is kind of a fun item, something we don't do every week. In an effort to continue our ongoing sustainability and green infrastructure work here at the city, the city is being bestowed with a ten thousand dollar grant toward the purchase of an electric vehicle that has finally arrived. There was a delay due to some supply chain issues, but we do have it here and these gentlemen are here to provide us with this grant. It's a ten thousand dollar grant from GRE going through our partnership with Dakota Electric. [6:38] Kyle Chester: Good evening, Kyle Chester with Dakota Electric. Yeah, Dakota Electric is very thrilled to be here presenting this grant award. It was a very competitive process and, working with the city staff, we were able to get this award. So we're just really thrilled to be here. [6:58] Mayor Clint Hooppaw: Great, thank you so much. Thank you very much, appreciate it. Maybe we'll take a picture quick here. Happy to. Why don't you guys just get up here and we can all just stand up and get one here if that works. [7:11] Mayor Clint Hooppaw: Thank you, Matt. Matt's not in the picture, he's going to pay for that though! Thank you, thank you, thank you. [7:32] Mayor Clint Hooppaw: All right, the next item on our agenda is 5B, which is to adopt a resolution... you would like me to probably accept that donation, Pam? Thank you, we got the picture out of the way and forgot the important part. So do we have a motion to adopt the resolution accepting the grant from Great River Energy? [7:52] Tom Melander: So moved. [8:03] John Bergman: Second. [8:04] Mayor Clint Hooppaw: Motion from Councilmember Melander and a second from Councilmember Bergman. All those in favor indicate by saying aye. [8:08] Council Members: Aye. [8:10] Mayor Clint Hooppaw: Thank you, that item was approved. 5B is to adopt a resolution proclaiming June 28th through July 5th, 2023, the 57th annual Apple Valley Freedom Days celebration community festival, and authorize temporary placement of signage on public property. And we have Eric... oh, there you go. Come on up. [8:24] Pat Gackstetter: Mr. Mayor, Pat Gackstetter. It's almost upon us. The gears are grinding now for Freedom Days. I'd like to first thank the City of Apple Valley for their support and the Apple Valley American Legion. This year we have basically one item that's new. I think we'll just go right down the line. We've got the Casting with the Cops on Wednesday, June 28th from 5:30 to 7:30 at Cobblestone Lake Fishing Pier. The carnival, we are waiting to hear exactly what their pricing is going to be, but that's going to be Friday, June 30th through the fourth. Dancing and Cruising car show is on June 30th, 4:00 to 9:00 at the Apple Valley American Legion. Music in the Park, June 30th, 6:30 to 8:30 at Kelly Park—thanks to the Arts Foundation for that. The Apple Valley Senior Center is doing a root beer float—that's new this year. They're going to be doing that on Saturday, July 1st, 12:30 to 2:00 at the Apple Valley Senior Center. Cub Foods Family Fun Night is Monday the 3rd at Johnnycake Ridge Park from five to nine. July 4th is the Fun Run at 8:00 AM at Hayes Park. The parade is July 4th, obviously, starting time one o'clock. We need help at 7:00 AM when I get there to start setting up! We have the free fireworks party at Johnnycake this year; Rockin' Woody will be the entertainment. And then fireworks at 10:00 o'clock. Like I said, the wheels have been turning since July 5th last year on this, so we've pretty much got it nailed down. That's all I have. [11:00] Mayor Clint Hooppaw: Great, thank you. Thank you to the committee. This is not a solo effort, I know. Well, you have lots of help, but my co-chair was going to be here and she hasn't gotten here yet. So thank you, we look forward to the events. Again, thanks to the Arts Foundation for jumping in and being part of this, as well as all the others listed on there. And I can't not mention the extra work and effort that both Parks staff and the Police Department will put in to make this a good event for everybody as well. [11:41] Mayor Clint Hooppaw: Councilmember Melander, man, I can't believe you didn't wear your great Cruising t-shirt! [11:46] Tom Melander: Well, I heard you were wearing a tie, so I dressed up a little bit! This is one of the greatest t-shirts. We'll see you at the Cruising car show at the Legion. It's beautiful, some of the neatest cars I've ever seen. The lady that won the Car of the Year last year was a '57 DeSoto, remember that? Yeah, that was just... I've never seen so many beautiful cars. [12:12] Pat Gackstetter: Agreed, and it's all over the board. It's from street rods to customs to factory; it's open to all cars. [12:21] Mayor Clint Hooppaw: Okay, we look forward to it. It will be a fun week. Thank you so much for the effort. With that, we would look for a motion to adopt the resolution. [12:30] Tom Melander: So moved. [12:31] Ruth Grendahl: Second. [12:32] Mayor Clint Hooppaw: Motion from Councilmember Melander and a second from Councilmember Grendahl. All those in favor indicate by saying aye. [12:35] Council Members: Aye. [12:38] Mayor Clint Hooppaw: Thank you. We're on to 5C, which is to proclaim Music in Kelly Park on June 16, 23rd, 30th, July 7th, 14th, 21st, and 28th, and some dates in August as a community festival. Our old friend Mary is with us this evening. Mary? [13:00] Mary Brindle: Well, good evening, Mr. Mayor and council members. It's always a pleasure to be back here with great friends. You're a wonderful city council. Today is a wonderful day for us because this year is our 25th anniversary of the Apple Valley Arts Foundation. I don't know where that time went, but it is amazing that we're here at 25 years. The 2023 Music in Kelly Park concert series is going to be a wonderful event this year, and we have food and beverages available for purchase as well as free prizes and drawings. The music performances are brought to you by a great group of people, the Apple Valley Arts Foundation. I am the co-president; my co-president Karen Kirkman unfortunately couldn't be here at that moment. And Pat is here as one of our great partners too. This is put on by a group of really dedicated residents and citizens. We want to thank the Apple Valley Arts Foundation for their commitment. The Music in Kelly Park Concert Series has a bit of a different time this year; we noticed during the pandemic it worked out better. From 6:30 to 8:30 PM will be the concerts. Get there early if you can because it always fills up. 6:30 to 8:30 PM, it is free. The first concert is June 16th, Salsa del Sol—you've got to put on your dancing shoes. The Alex Rossi Band will be on June 23rd, and we will have Think Bank out there as our Platinum sponsor giving away bicycles and helmets. We are also celebrating that the Mayor and Council have prioritized the monarch butterfly, so we have Master Gardeners, Apple Velo Eco Advocates, and Dakota County Natural Resources joining us. On June 30th, we have Michael Monroe—people love him. On July 7th, the Dakota Valley Symphony will be themed "Movie Magic." On July 14th, Lori Dokken presents "I Am Woman, Hear Me Roar." On July 21st, we have Hitchville for country music. On July 28th, the McPhail Community Youth Choir with JD Steele. Then on August 4th, Power of 10, and August 11th, Riverside All-Stars, wrapping up with bicycle giveaways. Make sure you register for prizes! We want to thank our sponsors: Think Mutual Bank (Platinum), Bogart's Entertainment Center (Platinum), Uponor North America (Gold), American Legion Post 1776 (Gold), Nicole Junker Realtor (Gold), and Silver sponsors Dougherty, Molenda, Solfest, Hills & Bauer PA, Wings Financial, and Valley Bike and Ski. We also want to thank the Chamber of Commerce and Apple Valley Rotary. [18:26] Mary Brindle: Councilmember Melander, will you be having a car or bicycles out there? [18:31] Tom Melander: We are doing a slightly different fundraiser this year, a pickleball tournament, which we can talk about later because I don't want to steal any of your thunder. [18:40] Mary Brindle: Well, I just wanted to make sure. I also want to recognize Eric Carlson. Eric has been a fabulous partner for us. We really appreciate that. The Dakota County Tribune, Sam's Club, SpeedPro, U-Haul, Valley Accounting, and Walmart have also been great. Our food vendors will be Las Tortillas, Rita's Italian Ice, Ray’s Barbecue, Cave Cafe, and Pizza Karma—we're excited about that new restaurant. It is our 25th anniversary, and we welcome you all to come out and enjoy Music in Kelly Park. Thank you so much, and I believe there's a proclamation. [19:59] Mayor Clint Hooppaw: There certainly is. Are there any questions? If not, we will take them. [20:05] Ruth Grendahl: Yes, thank you. Are you going to have the video for food and fun? [Plays video]. [22:15] Mayor Clint Hooppaw: Thank you, Mary. Do we have a motion to accept the resolution and proclaim Music in Kelly Park as a community festival? [22:25] Ruth Grendahl: So moved. [22:26] John Bergman: Second. [22:27] Mayor Clint Hooppaw: Motion from Councilmember Grendahl and a second from Councilmember Bergman. All in favor indicate by saying aye. [22:30] Council Members: Aye. [22:32] Mayor Clint Hooppaw: Thank you. Thank you so much. I also would like to recognize the Arts Foundation for supporting us at Midwinter Fest again this year. [22:45] Mary Brindle: Well, we're very happy to be able to do it. We're your wonderful partners. [22:57] Mayor Clint Hooppaw: Before I move on to 5D, I just want to recognize that Pat joined us. You absolutely may; you have put way too much heart and soul into Freedom Days not to give you a minute. [23:05] Pat Gackstetter: Well, first of all, I want to apologize for the lateness, but I traveled in from Cloquet and I ran into some traffic in Saint Paul—imagine that. Anyway, I understand my cohort has taken care of everything for us. I made this trip down just for you, Councilman Bergman, because I didn't want you to miss out on this button! [Hands over Freedom Days button]. [23:48] Pat Gackstetter: So I just want to remind everybody that our event is starting on June 28th with Casting with the Cops over at Cobblestone, and then the car show June 30th at the Legion. We also want to remind everyone about Music in Kelly Park and the root beer floats at the Senior Center this Saturday. Our pre-fireworks party at Johnnycake added Rockin' Woody—so it's live music this year. Thank you for your support, thank you to the City and all the departments. [25:19] Mayor Clint Hooppaw: Thank you, we're glad you made it down. All right, with that we'll move on to item 5D, which is the Apple Valley High School turf field accessory storage building. Kathy has this item and the next one. [25:40] Kathy Bodmer: Thank you, Mr. Mayor. Good evening, members of the Council. The petitioner for this request is Independent School District 196. They recently completed construction of artificial turf playfields at Apple Valley High School and Eastview High School. In connection with those projects, they installed 30 by 50 concrete pads to serve as a platform for accessory storage buildings. Apple Valley High School is requesting a CUP and a variance to increase the size from 1,400 to 1,500 square feet and a variance to increase the maximum number of storage buildings. For Eastview, they only need the CUP and the size variance. Both schools are zoned P (Institutional). In that zone, one storage building 750 square feet or smaller is permitted; larger requires a CUP. The district is asking to go to 1,500 square feet. For Apple Valley High School, they currently have five accessory storage buildings; this would be number six. The Planning Commission reviewed this last night and found that the size of the properties, the high use of the fields, and the efficiencies of storing equipment near the fields met the criteria for practical difficulties. The Planning Commission voted unanimously to recommend approval. [31:37] Mayor Clint Hooppaw: Any questions for Kathy? All right, if there are none, we will work our way through the resolutions. First is to adopt a resolution approving a conditional use permit for a 1,500 square foot accessory storage building in the P institutional zone. [31:55] Tom Melander: So moved. [32:05] John Bergman: Second. [32:06] Mayor Clint Hooppaw: Motion from Councilmember Melander, second from Councilmember Bergman. All in favor say aye. (Aye). Opposed? That item carries. D2 is to adopt a resolution approving a variance to increase the maximum size from 1,400 to 1,500 square feet. [32:20] John Bergman: So moved. [32:22] Tom Melander: Second. [32:23] Mayor Clint Hooppaw: Motion from Councilmember Bergman, second from Councilmember Melander. All in favor say aye. (Aye). Opposed? That carries. The final resolution on this item is a variance to increase the maximum number of accessory storage buildings from two to six. [32:45] John Bergman: So moved. [32:47] Tom Melander: Second. [32:48] Mayor Clint Hooppaw: Motion from Councilmember Bergman, second from Councilmember Melander. All in favor say aye. (Aye). Item carries. We'll move on to 5E for Eastview High School. Adopt a resolution approving the CUP for a 1,500 square foot building. [33:09] Tom Melander: So moved. [33:12] John Bergman: Second. [33:13] Mayor Clint Hooppaw: Motion from Councilmember Melander, second from Councilmember Bergman. All in favor say aye. (Aye). Carries. Finally, adopt a resolution approving the variance for size at Eastview. [33:35] Tom Melander: So moved. [33:38] John Bergman: Second. [33:39] Mayor Clint Hooppaw: Motion from Melander, second from Bergman. All in favor say aye. (Aye). Thank you, Kathy. Move on to item 5F, site plan and building permit authorization for a Chase Bank. Alex has this one. [34:10] Alex Jordan: Good evening Council. The action this evening would be to adopt a resolution approving a site plan for an approximately 3,300 square foot Chase Bank located at 155th Street and Pilot Knob Road. The site is zoned General Retail Business. The bank is accessed off of the western side, English Avenue. It includes a drive-through and escape lane. It is very consistent with the existing Chase Bank in town. Stormwater and utilities were previously approved through the larger regional system. We are still seeking some updated landscape details, but are confident they will meet requirements. The Planning Commission unanimously recommended approval on May 17th. [38:39] John Bergman: I don't have any questions, but I have two comments. Number one, this whole entire area is a phenomenal project all the way down Pilot Knob. You'll see the new Lunds & Byerlys, it’s an unbelievable building. My second comment is: we're doing a bank tonight. During the last election, we got beat up by people about how come we have so many banks in Apple Valley. To see another bank that’s already existing in this community go to the east side of town—it shows there is still a need for these types of facilities. [40:02] Tom Melander: Councilmember Bergman beat me to it! I just wanted to compliment the folks building this. What a wonderful development. To think it was a gravel pit not that long ago, it's just amazing. [40:35] Mayor Clint Hooppaw: If there are no other questions, we would look for a motion to adopt the resolution for Chase Bank. [40:50] Tom Melander: So moved. [40:51] Ruth Grendahl: Second. [40:52] Mayor Clint Hooppaw: Motion from Councilmember Melander, second from Councilmember Grendahl. All those in favor say aye. (Aye). Opposed? Item carries. The next item is 5G, ordinances regulating short-term rentals. This is the second reading. Tim Benetti has this for us. [41:10] Tim Benetti: Thank you, Mr. Mayor. Before you tonight are two ordinances regulating short-term rentals. This is a reminder of what we did a few weeks ago. The code currently doesn't allow for short-term rental of residential homes. This language provides a strengthening of the current code. It defines that dwelling units shall not be rented for less than a period of 30 consecutive days. The Planning Commission held a public hearing on March 15th; we received comments for and against. On April 5th, the Planning Commission had a tie vote, which resulted in no action. On May 25th, you directed staff to bring the first reading. We are recommending the passage of these ordinances tonight. [44:54] Mayor Clint Hooppaw: This is the second reading. We have received a number of comments. I would like to offer the opportunity for the public who would like to speak at this second reading to do so. [45:30] Sam Humphries: Good evening, Mayor and Council. I am Sam Humphries, and I am the homeowner at 13120 Doyle's Court. I reside in Apple Valley about five minutes from that home. I truly believe short-term rental (STR) properties are a good thing if they are operated properly. The people that come to stay are coming to spend quiet time with friends and family. They are honest, respectful people who want a comfortable home rather than a small hotel room. We vet everyone. We don't allow anyone who hasn't agreed to terms and conditions. We still mow the grass, pull the weeds, and are there all the time. Prohibiting STRs would cause financial hardship for members of our community who use this income to make ends meet. I request the Council take a closer look rather than a flat prohibition. [52:41] John Bergman: Man, thanks mayor. This ordinance is just strengthening what we had before. As a homeowner myself, I find that looking at the research, the city of Eagan doesn't allow it, Lakeville has strict rules. We've always said no to it, and these rules are tightened up. When I bought my house, I bought it in a residential neighborhood. I believe tightening these regulations is necessary. [54:32] Tom Melander: I moved here 43 years ago. I fully intended to buy in a single-family neighborhood. I just would not like something like this near me. People say they can be "good neighbors," but you never know. My view is that I haven't changed my mind on this. I don't believe realtors living in a single-family home would be happy with this next to them. [58:34] Tom Melander: Mr. Mayor, Tim, I spent a lot of years on the Planning Commission. I am a big proponent of individual rights, but I don't have the right to use my property in such a way that it impinges on someone else's right to enjoy theirs. [1:01:41] Mayor Clint Hooppaw: I have a few comments. My challenge with this is that I don't believe the current writing is clear. A house being used for sleeping and cooking is being used for "house things." I'm challenged by a ban when we're trying to get to activities. I'm not sure 30 days actually solves the problem of not knowing neighbors. I wish we would have taken more time to study this. We're using a shotgun to solve a problem a pellet gun might resolve. [1:04:22] Ruth Grendahl: Mr. Mayor, I certainly respect what you have to say, but we're not taking any rights away—they didn't have the right to do this anyway. We've spent a lot of time on this. I'm ready to move on this tonight. [1:05:40] Mayor Clint Hooppaw: Do we have a motion to pass the ordinance amending Chapter 122? [1:06:05] Tom Melander: So moved. [1:06:06] John Bergman: Second. [1:07:45] Mayor Clint Hooppaw: All those in favor say aye. (Four Ayes). I will oppose because I don't like the way we have approached this. Passes 4 to 1. Do we have a motion for G2, amending Chapter 155? [1:08:15] Tom Melander: So moved. [1:08:20] John Bergman: Second. [1:08:32] Mayor Clint Hooppaw: All in favor say aye. (Four Ayes). I will vote no on that one as well. Passes 4 to 1. We will move on to item H, drive-through window service for a class 3 restaurant. Alex? [1:09:16] Alex Jordan: Thank you, Mayor. This is a request by Constellation Coffee to occupy the former Eagle Valley Bank at 14698 Galaxy Avenue. We are seeking to waive the second reading. This amendment allows for a drive-through for a coffee shop in this specific zone. For a coffee user, 13 vehicles of stacking is the standard. This site has ample space for that stacking. [1:13:55] John Bergman: Alex, could you go back to the slide showing the drive lane? If I'm coming in to buy coffee, show me where I go. [Discussion of traffic flow]. I just don't want a mess like some other coffee shops. [1:17:15] Alex Jordan: There is more than ample room on this site for stacking. [1:17:45] Liza Rossi: I'm Liza Rossi, starting Constellation Coffee. Our mission is to provide jobs to capable adults with developmental or physical disabilities. 80 to 85 percent of those with disabilities don't have gainful employment. We're calling our drive-through a "courtesy window." We expect families with disabled children or individuals who have difficulty getting in and out of cars to use it. It's about eliminating barriers. I'm asking you to help me provide accessibility through this window. [1:24:41] Ruth Grendahl: Liza, when are you hoping to be open? [1:24:45] Liza Rossi: Probably in the fall, September or October. [1:25:05] Ruth Grendahl: I'm in favor of this completely. I've had a long-standing relationship with the disabled community. The pride and joy these folks feel being able to contribute is wonderful. [1:25:35] Tom Melander: Yeah, I appreciate you bringing this sort of an opportunity to our community. [1:26:00] Mayor Clint Hooppaw: Do we have a motion to pass the ordinance amending Chapter 155? [1:26:10] John Bergman: So moved. [1:26:12] Ruth Grendahl: Second. [1:26:14] Mayor Clint Hooppaw: All those in favor indicate by saying aye. (Aye). Opposed? Liza, thank you. This will be fun. [1:27:50] Tom Lawell: Mr. Mayor, just one item. Night to Unite is coming up on Tuesday, August 1st. We're currently accepting applications for block parties. The deadline is July 25th. [1:28:43] Mayor Clint Hooppaw: Council, any other items? If not, the next informal meeting is Thursday, July 13th at 5:30. Motion to approve the calendar? [1:29:00] Ruth Grendahl: So moved. [1:29:02] Tom Melander: Second. [1:29:03] Mayor Clint Hooppaw: All in favor? (Aye). Reminder that city offices are closed June 19th and July 4th. Motion to adjourn? [1:29:15] John Bergman: So moved. [1:29:20] Ruth Grendahl: Second. [1:29:25] Mayor Clint Hooppaw: All in favor? (Aye). Thank you.