This transcript features several members of the Apple Valley city leadership and staff. Based on the context provided and the dialogue, here is the speaker-identified transcript. Note: The Mayor refers to a "**Councilmember Goodwin**" several times for motions; while this name was not in your provided list, I have included it to maintain accuracy to the spoken audio. *** **[0:00]** [Music] foreign [Music] **[0:29]** [Music] [Applause] [Music] foreign [Music] **[1:15] Clint Hooppaw:** good evening we'll call this meeting to order for the August 10th 2023 Apple Valley city council meeting uh for any audience members who have signed up to speak when your name is called please come forward and approach the podium to address the council first item on our agenda is the Pledge of Allegiance and I ask everyone to rise and join us in the Pledge of Allegiance **[1:42] Clint Hooppaw:** the second item on our agenda this evening is to approve the agenda and Tom I don't believe we have any changes **[1:43] Tom Lawell:** Mr Mayor we do not **[1:45] Clint Hooppaw:** all right do we have a motion to approve the agenda second the motion from council member Goodwin and the second from council member Grendahl all those in favor indicated by saying aye aye opposed that carries the next item is our audience participation portion of the meeting this is for items not on the agenda we did not have anyone sign up but we would offer if there's anyone in the room who would like to speak to an item not on the agenda this will be the time to do so all right seeing no one we'll 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 request to pull an item council members any items you'd like to pull from consent **[2:29] Clint Hooppaw:** anyone in the audience all right so you know we would take a motion for the consent agenda for a second we have a motion from council member Melander a second from council member Bergman all those in favor indicate by saying aye aye aye opposed to consent items carry unanimously that brings us to item 5A on the regular agenda which is alums food Holdings LLC 15550 English Avenue and staff has this one for us **[2:45] Stephanie (City Staff):** good evening mayor of members of the council London food Holdings Incorporated doing business as Lunds and Byerly's has submitted an application for an on sale wine and three two percent malt liquor license the licenses are for a promise or for premises located at 15550 English Avenue the plans show the restaurant portion will seat approximately 85 people and two patios will serve 47 people the applicants Target opening date is September 14th the application indicates the officers are Russell Thomas Lund III chairman and chief executive officer and Von Paul Martin chief administrative officer section 11124 of the city code requires all applicants for an on sale wine and Malt Liquor to have a public hearing prior to issuance of the licenses on July 13th city council set the public hearing for this evening proper notice was posted and published in the city's official newspaper and the Affidavit of publication is on filed no comments have been received from the public to date police and fire departments have completed the necessary background and site investigations and find numbers in the licenses cannot be authorized at this time there are two items before you this evening first is the public hearing and second pending comments from the public hearing or questions from the council action on the resolution authorizing issuance of on sale wine in three two percent Malt Liquor licenses subject to the receipt of the all necessary documents representatives from Lunds and Byerly's are here this evening Mr Pat Yorick and Miss Anissa Burstell with that I'll stand for any questions **[4:54] Clint Hooppaw:** thank you Stephanie are there any questions with with not we will start with the public hearing is there anyone who would like to speak to this item anyone who would like to speak to the public hearing on item 5A all right one last opportunity we will oppose the public hearing and I would look for enough motion to adopt a resolution motion from council member Bergman the second from council member Goodwin all in favor indicate by saying aye aye opposed that carries unanimously thank you we'll move on to 5B and this is the uh Stephanie show this evening if you guys want us to come up and say anything you're welcome to um feel free **[5:48] Anissa Burstell (Applicant):** good evening everybody we simply wanted to say hello as new neighbors and and we are so excited to be a part of the community Pat and I have worked closely together for a number of years on a number of our food and beverage entities at Lunds and Byerly's and we are thrilled to be members of the community and to be joining this this beautiful city uh in this regard it will be beautiful and we're excited to be part of this community we have a wonderful leader in place and uh we're just again we're thrilled to be here thank you for having us **[6:11] Clint Hooppaw:** thank you for being the universe thank you excellent thank you yep you bet all right Stephanie you want to take item 5B **[6:18] Stephanie (City Staff):** all right a Cheeto Ramen Apple Valley LLC doing business as a Cheeto Ramen has submitted an application for an on sale wine and 32.2 percent Malt Liquor licenses licenses are four premises located at 7875 150th Street West the restaurant opened in March of this year and decided to add alcohol the plants show the restaurant seats approximately 56 people if approved the licenses will be effective October 1st the application indicates the speakers are Chloe Lee and shubing Wang section 111 24 of the city code requires all applicants for an on sale wine and Malt Liquor to have public hearing prior to the issuance of the license on July 13th city council set the public hearing for this evening proper notice was posted and published in the city's official newspaper in the Affidavit of publication is on file no comments have been received from the public to date and the police Under Fire Departments have completed the necessary background and site investigations and by no reason the license cannot be authorized at this time there are two items before the council this evening first is the public hearing and second is pending comments from the public or questions from the city council action on the resolution authorizing issuance of on sale wine and 3.2 percent Malt Liquor licenses subject to the receipt of the necessary documents and representatives from Ichiro Ramen could not be here this evening and with that I'll stand for any questions **[8:06] Clint Hooppaw:** all right any questions if not we will go ahead and open the public hearing for item 5B anyone who would like to speak to this item anyone who would like to speak to item 5B one last opportunity we'll close the public hearing and I would take a motion to adopt this resolution the motion from council member Grendahl in the second from council member Melander all in favor indicate by saying aye aye opposed that Adam carries as well and we'll move on to 5C which is a super World Buffet **[8:43] Stephanie (City Staff):** super World Buffet LLC doing business as super World Buffet has submitted an application for an on sale 3.2 percent malt liquor license the licenses for premises located at 15050 Cedar Avenue Suite 111. the reason for the application is the restaurant is under new ownership the restaurant is currently operating and seats approximately 250 people the application indicates the new owner is when fawu section 11-111 of 24 of the city code requires all applicants for an on sale Malt Liquor License to have a public hearing prior to the issuance of the license on July 13th city council said the public hearing for this evening proper notice was published posted and published in the city's official newspaper and the Affidavit of publication is currently on file no comments have been received from the public today and the police and fire departments have completed the necessary background and site investigations and find no reason the license cannot be authorized at this time there are two items before the council this evening first the public hearing and then second pending comments from the public or questions from the council action on the resolution authorizing issuance of the on sale 3.2 percent malt liquor license subject to the receipt of the necessary documents representatives from Super World Buffet could not be here this evening and with that'll stand up for any questions **[10:20] Clint Hooppaw:** all right once again any questions you must be explaining it well we have no question so uh we will go and open the public hearing for item 5c anyone who would like to speak to this item anyone who would like to speak to item 5c one last opportunity see no one will close the public hearing and we'll look for a motion to adopt the resolution to approve the issuance of the 3.2 percent malt liquor license **[10:51] Councilmember Bergman:** I'll move **[10:53] Councilmember Goodwin:** second **[10:55] Clint Hooppaw:** motion from council member Goodwin a second from council member Bergman all in favor indicate by saying aye aye opposed Adam carries Stephanie gets a break we'll move on to item 5D um and Kathy has this one **[11:24] Kathy (City Staff):** good evening Mr Mayor City Council Eagle Point LLC is the petitioner of this request they own the 21.3 acre former Apple Valley Golf Course on the northwest corner of Garden View Drive and 140th Street they received preliminary plant approval Tim yeah nope it does thanks they receive preliminary plan approval um in 2021 and final plaid approval 2023 as part of the planning the phase two area was set aside and planted as Outlet a so what is being requested is conducting a public hearing to receive comments concerning the proposed vacation of drainage and utility easements over Outlet a so in effect what happened was the second phase was set up as Outlet a the Lots the blocks the ponds everything and it was just easier to set that up and then do a blanket easement equal point is now moving forward with the second phase of their project and in order to move forward they need to vacate easements uh the blanket you spent and then which will be re-established with the new plan so a lot a then covers the the two sides of the plant um to consider vacation request the city review whether the public grounds or easement area serve a public purpose in this case the uh the easements will be replaced by uh follow-up Platt so this evening what we are requesting is simply to hold the public hearing and no further action and then when the plot comes in for the second edition then that will come in and take care of those easements so with that it could stand for questions if there are any **[13:46] Clint Hooppaw:** all right do we have questions for Kathy I don't see any so I think we can go ahead and open the public hearing and take any comments that might be here thanks Kathy we'll go and open the public hearing for item 5D anyone who would like to speak to this item anyone who would like to speak to 5D one last opportunity will close the public hearing I think that wraps us up for this item for this evening so thank you Kathy we'll move on to 5e which is a public hearing on a temporary drawdown of Long Lake public water body 1900-2200 and Jessica and Samantha if he's going up this one thank you **[14:26] Samantha (City Staff):** Mr mayor council members today I'm here before you to talk about the temporary drawdown of Long Lake we have a presentation **[15:10] Clint Hooppaw:** technical difficulties what difficulty we will we'll pause for a second we are we're just fine on time let's bring Bruce back with us is it just one number maybe some dramatic music I know we've got a couple items from uh it's like Matt's also busy working on this so we could take a couple of the staff items if we need a little more time to and then come back to this one race Charles I'm not sure one more person is going to help up there right now Charles the I.T guy though again oh there he is this one will that work **[16:47] Samantha (City Staff):** thank you everyone for your patience yeah no worries all right so to get on with this uh today we are here before you to talk about the 2023 temporary partial drawdown of Long Lake and so the see here so what is this drawdown um in 2009 the city installed a drawdown pipe to help do a temporary drawdown of Long Lake so with that it's basically just a pipe that is in Long Lake we open a valve and that actually causes the lake to draw down here we have the minimum drawdown elevation and this is the fourth drawdown since the installation in 2009 so we did one in the 2009-2010 period 2013 2014 2018 2019 and then this one today this year rather so what are the statute requirements um we have a public Waters permit application that's required we're able to just renew our existing permit to do that we have a Department of Natural Resources review and then we need to have a minimum of 75 percent of support by riparian owners or 19 of 22 is which we have today which is 86 percent and then we also have to have a public hearing so here we are what are the drivers for this long leaks and impaired water and in 2017 we did an implementation Plan update to What's called the total maximum daily load and what that is that's both an equation and a report that basically outlines why a water body is impaired one of the items in that implementation plan was to do temporary drawdowns of Long Lake to help improve water quality and the factors affecting that include curly Leaf Pond weed which is a aquatic invasive species and then rough fish so by doing this drawdown we're mimicking a natural drought and the idea is that we're going to try to kind of freeze the curly Leaf Pond wheat in the rough fish as part of this winter drawdown **[18:41] Samantha (City Staff):** so what does this look like basically we will receive a permit from the DNR and by September 15th we'll open a valve and then we pretty much just monitor the drawdown you know with the valve it does require us to just make sure that debris isn't getting caught in that so there is a little bit of Maintenance but otherwise it's just naturally flows into Farquhar Lake what to expect so here are a couple photos of when the drawdown was occurring last time or in previous history so you can just kind of see there still is water that would remain in the lake and then here you kind of just see photos of them historic fence posts that were um in the water that may have hinted at previous historic lows water levels in the lake so what happens after we complete this drawdown basically we'll close the valve and the lake will refill naturally we have approximately 950 Acres that ultimately drain into Long Lake and so historically we've had refill dates and the refill basically just means once it reaches the outlet of Long Lake so historically that occurred June 10th in the 2009-2010 drawdown April 28th and the 2013-2014 drawdown and March 10th in the 2018-2019 drawdown ahead of the drawdown we'll also be looking at fish surveys so we just had a fish survey completed on Long Lake and then some of the surrounding ponds which are present with these little goldfish here and we've also seen reports of goldfish in the lake so here we have a swarm goldfish that was actually present in Long Lake in the spring of this year goldfish shark carp a type of carp and so their feeding habits they tend to root around in the sediment which can suspend that sediment into the water column which causes decreases in water clarity in addition we're looking to control curly Leaf Pond weave so we do aquatic plant surveys ahead of the drawdown and then we'll also do one after the drawdown as well and so curly Leaf Pond weed is an issue because it tends to grow actually under the ice in the winter and then when it dies off mid-summer it can contribute additional phosphorus into the water column so it's something that we try to control through chemical treatments and then this drawdown is also another way to kind of freeze that Curly Leaf in place because we had such a heavy winter this past year um curly Leaf was down pretty much across the board on our legs and our most recent survey also showed that Curly Leaf was down so we're kind of setting ourselves up to really attack the curly Leaf this year it's important to know no lake has ever gotten rid of curly Leaf Pond weed it just requires a lot of management and who knows maybe with this drawdown we can be the first so this pairs nicely with the different investments we've actually made in the Watershed uh a drawdown is a good tool for dealing with the internal loading of nutrients within a lake but we've also done a lot to deal with the external load so here's just a map of different projects that we've done over time the orange represent different completed projects in the long and Farquhar Watershed and then the yellow are things that we have been studying and looking at for additional improvements to that Watershed so some recent projects we did the Johnny Cake Ridge Road reconstruction and that included a number of different basins along the roadway and then one of the probably most efficient projects that we installed was an iron enhanced sand filter in Long Lake Park which is just present right here with that I will open it up for any comments or questions **[22:23] Councilmember:** any comments or questions from Council all right if not we will um excuse me is our item to just oh I'm sorry nope so goldfish are they natural there are people putting them in there how does this work **[22:30] Samantha (City Staff):** yeah that's a great question it's our understanding that they probably have just made from people releasing yeah **[22:33] Clint Hooppaw:** so we're going to uh have a public hearing night there is no action required this is just a public hearing correct thank you so we're going to open the public hearing on item 5E is there anyone who would like to speak to this item anyone who would like to speak to 5e come on up sir do you mind stating your name and address just for the record as you come up so everybody can hear you I should have said that first **[22:58] Paul Hopberger:** Paul Hopberger 5597 133rd Street Court Apple Valley I live on Long Lake I'm also the president of the Long Lake Watershed Association so um I just like to make two points in favor of the drawdown and really just um piggybacking on things that Sam's already said she talked about the importance of this tmdl study that's kind of the foundation it's almost like a strategic plan it's guiding our actions for over a 10-year period uh the city and the Lake Association has been busy trying to make sure we focus on these some are repetitive some are one time they'll draw down obviously is every five years but I just because of the fact that it it's so easy to move past that okay that's that's the plan let's move on on I just want to refresh everybody's memory of how thorough that process was we had an alphabet soup of organizations and stakeholders involved in this process we had the DNR we had the uh Pollution Control agency we had Bowser which is my favorite acronym and I can't even remember all the letters water soil resources we had Vermilion River Powers we had Dakota County we had of course the city of Apple Valley with a couple of Representatives Susan Allen the vice president of Long Lake Watershed Association and myself so it was a lot of people a lot of organizations that had a vested interest in making sure that this was done well it was a 59-page report which I thought was impressive until I saw the agenda packet for tonight's council meeting you guys weighed in at 173 which is also impressive but in other words there's a lot of credibility behind this report and I think there was like 30 Action items that we were supposed to work on the drawdown is one it's a very powerful action item um but you know sometimes the bigger the action item the bigger the benefit and one thing that I wanted to just point out is that there were five I don't want to get I mean he I think you refer to it as an equation you know if you do a b and c you hopefully get outcome X Y and Z well in this case you'd have to use the whole alphabet because there's about 30 Action items that the plan is suggesting but the x y z what we're hoping to get out of it there were five main improvements that the report is really stating reducing phosphorus reducing algae blooms increasing water quality managing aquatic plants and managing the fish population and one of the things and I went through them all I went through the report to refresh myself one of the things that's really impressive about the drawdown even though it's a big deal and yeah you know there's as like owners we would rather be looking at a full Lake but it's almost like you have to take some medicine sometimes in order to get healthy even though the medicine doesn't taste well The Long Lake drawdown the partial drawdown is the only of the 30 recommendations that addresses all five of the benefits it's going to reduce sentiment phosphorus reduce algae blooms increase water Clarity manage aquatic plants and manage the fish population so we are in favor of it I am in favor of it um the city has been great at partnering with the waters uh it's been a great partnership and again it's every five years it's intentional in fact again not to go too far back in history but there was a previous tmdl study that was only a five-year window and that was in 2009 the recommendation there was a three-year drawdown period And I think because of a compromise situation because again it's prettier to look at it like it looks in that picture as opposed to the ones that Sam showed but uh the water is still there you know some of the shoreline is exposed we think it's worth the uh the medicine to take in order to keep the lake healthy long term thank you **[26:25] Clint Hooppaw:** and thank you for uh stepping up right this is not a this is a volunteer gig for you I have a feeling right and there's some time involved so we appreciate that too so any other comments on this item one last opportunity we'll go ahead and close the public hearing and Sam thank you for the presentation yes thank you that moves us on to staff and Council Communications and Tom I know we've got a couple items I guess **[26:54] Tom Lawell:** Mr Mayor members of the council will be like to have our Public Works director Matt Saam come up and update you on two important items so **[27:03] Matt Saam:** thank you Mr Mayor and Council so I think we figured out our technical difficulties so him um yeah the the first and this unfortunately is now becoming an annual occurrence I'm coming before you all to let you know we're once again in a drought here surprise surprise um so I just want to add a little information to share with the council and the public on that so this is a map before you have the state of course and um encircled in black is our Dakota County you can see that we're in this kind of I'll call it orange uh D2 severe drought uh phase and that was accurate as of last Thursday August the 3rd so um we did get official communication from the DNR that they're because of this placing us and what they're calling the drought warning phase what that basically does is it requires us to excuse me reduce our water usage by just over 50 50 from our previous month's usage and I provided the numbers there just to show you all in the public in July we used on average 11.5 million gallons per day so to cut it by over 50 percent they want us down to 5.25 million gallons a day and then so folks might ask well what's the city doing to address this well a few things we're at our most uh popular I think Splash Pad Kelly Park we're reducing those hours I'm down to 11 to 7. um we're also reducing irrigation at all of our facilities and parks within the city and then we're working with the school district they're also a big user water irrigating ball field so we're working with them business bigger businesses and then HOAs who also a homeowners associations who also have a large large chunk of land in the city that they irrigate so trying to work with them to all about reducing law and irrigation and then of course we're not the only ones though there's a lot of other property owners and residents in town so what we'd be asking of them is if they could also look at reducing their lawn irrigation Again by that 50 percent which the DNR is is asking of us um and then just a couple of facts or reminders for people in the summer our usage when we look at how much water we use in January compared to July we're more than triple so and what is that a lot of it is or all of it you might say is irrigation that's where that increase is so that's the important thing that we really want to try to reduce and then just as a reminder to everybody whether we're in a drought or not we do have watering restrictions in place from May through September and that's um no irrigation between 11 to 6 daily again that expires at the end of September a couple other things people can do swap the holes for a broom if folks like typically like to spray off their driveway a sediment and other things put the hose down and grab a broom and try to sweep that stuff up and then um put it in your trash one other thing folks can do is look to sign up it's free you can sign up via our website with our water smart portal what that'll do is it it allows residents to set alerts um to show them when they have water spikage which is usually an indication of you got a leak somewhere a toilet running or something like that so that's something for free that people can sign up for then I have one other update or information to get out to people thanks Jim just last week in our city we opened a Organics drop-off site this is through a partnership with Dakota County again it opened last Tuesday August 1st it is located at our Central maintenance facility or cmf I have the address on the screen 6442 140th it's basically located just across the street just west of Eastview High School and on this map you can see an aerial of the site we're at the southwest corner of 140th and Flagstaff and then the Organics drop-off location is right here so I would say the easiest driveway to use is our Flagstaff driveway and I just saw somebody come in today when I was leaving cmf to drop off their Organics it's open daily from 5 am to 10. got a couple more pictures here um this is just a somewhat aerial shot of the existing pad we got a nice new fence enclosure there again it is for residential Organics only so no commercial no businesses or restaurants are to be going there and it's free to sign up so people could call Dakota County uh phone number there 952-891-7557 or email Organics at co.dakota.mn.us again free to sign up the county will send you out a welcome kit and there are free bags that they'll initially send out you fill up those bags you bring them there and then we've got free bags on a roller right inside um I've frozen up here right inside the right side of the of the um enclosure there's a free bags that people can get when they drop off their old ones so just wanted to get the word out on the Organics drop off site happy to take any questions of course **[32:38] Clint Hooppaw:** so man what are the ramifications if we don't have a reduction of 50 percent in water usage back on the um yeah I'm the water item **[32:48] Matt Saam:** there are no um penalties per se right now but of course if water usage continues at the current rate and the drought continues it puts further risk at our our groundwater aquifers so the idea is We're All in This Together We all obviously need clean water so let's all work together to reduce the usage **[33:13] Clint Hooppaw:** questions for Matt thank you Matt next item is the the calendar of upcoming events our next regular city council meeting is Thursday August 24th at 7 pm do we have a motion to approve the calendar for upcoming events second motion from council member Grendahl second from council member Bergman all those in favor indicate by saying aye aye opposed to the carries and that's the last item do we have a motion to adjourn oh motion from council member Goodwin and the second from councilmember Grendahl all those in favor aye aye aye all right we're adjourned thank you thank you **[33:59]** [Music] foreign [Music]