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Home My WebLink About2024/10/24 CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held October 24, 2024, at 7:00 p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Scipioni, City Attorney Hills, City Engineer Anderson, Community Development Director Benetti, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis, Assistant City Administrator Grawe, Finance Director Hedberg, Fire Chief Nelson, Public Works Director Saam, and City Planner 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 Goodwin, seconded by Grendahl, 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 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 October 10, 2024, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-127 accepting, with thanks, the donation of a hose roller from Dakota County Heroes for Use by the Fire Department. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Page 2 MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-128 accepting, with thanks, the donation of a memorial tree from McMahon family for Use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-129 amending the 2024 Operating Budget for specific items. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution 2024-130 approving the City's contributions towards employee health/dental/life insurances for benefit-eligible non-union employees and elected officials covered by the Pay and Benefit Plan effective January 1, 2025, as described in the Acting Human Resources Manager's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the reduction of financial guarantees for Woodwinds 8th Addition from $78,786.88 to $15,000.00 and Apple Valley Square 7th Addition/Popeyes from $89,063.00 to $12,500.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-131 authorizing the distribution of the Rockport, LLC, Alternative Urban Areawide Review(AUAR) 2024 update. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Natural Resources Management Plan for Alimagnet Park, as attached to the Parks and Recreation Director and Natural Resources Coordinator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-132 supporting the Dakota County Draft 2025-2029 Capital Improvement Plan. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, authorizing soliciting Requests for Proposal for new Capital Improvement Plan Software Solution with responses due November 15, 2024, as attached to the Finance Director's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, authorizing soliciting Requests for Proposals for Banking Services with responses due by November 22, 2024, as attached to the Finance Director's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-133 directing the City Engineer to prepare plans and specifications for Project 2025-104, 2025 Johnny Cake Ridge Road (147th to 140th Street) Improvements. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Page 3 MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2024-134 directing the City Engineer to prepare plans and specifications for Project 2025-106, 2025 Sanitary Sewer (CIPP) Improvements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the purchase of 60 battery- powered golf carts from Versatile Vehicles Inc., in the amount of$401,500.00, as attached to the Golf Course Manager's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl approving Amendment to the Joint Powers Agreement Establishing Asset Management Software Collaboration with Scott County and five other governmental entities for the fleet asset management system, as attached to the Fleet/Building Maintenance Supervisor's memo, 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 to various contractors in various amounts, for Project 2021-172, Police Garage, in the total amount of an additional $13,496.65. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving Change Order No. 1 to the agreement with Cobalt Companies, in the amount of an additional $1,200.00; and accepting Project 2024-120, 2024 Streetscape Reconditioning Services, as complete and authorizing final payment in the amount of$52,275.00. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, approving date of substantial completion of Fire Station 2 on agreements with various contractors for Apple Valley Fire Station#2 and Improvements to #1 & #3 for August 26, 2024, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, accepting Apple Valley Fire Station#2 replacemen6t & Station#1 and #3 Health& Safety Improvements, as complete and authorizing final payment on the agreement with CNH Architects, Inc., in the amount of$1,359.43. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, accepting Project 2022-150, South Shelter Columbarium, as complete and authorizing final payment on the agreement with Met-Con Construction, Inc., in the amount of$6,767.45. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, accepting Project 2024-102, 2024 Street Utility Improvements—Holland Avenue, as complete and authorizing final payment on the agreement with BKJ Land Co., Inc., in the amount of$22,395.75. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated October 24, 2024. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Page 4 MOTION: of Melander, seconded by Grendahl, approving the claims and bills, check registers dated October 2, 2024, in the amount of$1,084.646.61, and October 9, 2024, in the amount of$1,862,143.45. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA BERRY SWEET KITCHEN ON-SALE LIQUOR LICENSES Ms. Scipioni reviewed the application by BSK, Inc., d/b/a Berry Sweet Kitchen for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in her memo. She noted receipt of the affidavit of public hearing notice. The restaurant is located at 14638 Cedar Avenue, Suite 150. She stated the Police and Fire Departments completed the necessary background and site investigations and found no reason the license could not be authorized at this time. Mayor Hooppaw called the public hearing to order at 7:03 p.m. to consider the application by BSK, Inc., d/b/a Berry Sweet Kitchen, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council or audience. There were none and the hearing was declared closed at 7:03 p.m. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No. 2024-135 approving issuance of a 2024 On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales to BSK, Inc., d/b/a Berry Sweet Kitchen, for premises located at 14638 Cedar Avenue, Suite 150. Ayes - 5 -Nays - 0. Owners Jon and Nancy Rud introduced the restaurant to the City. They said they are excited to be in Apple Valley. Mayor Hooppaw welcomed Berry Sweet Kitchen to Apple Valley. CANNABIS ORDINANCE AMENDMENTS Mr. Sharpe and Ms. Scipioni reviewed the three proposed ordinance amendments related to cannabis. The first ordinance amendment establishes zoning regulations for cannabis businesses and was unanimously recommended for approval by the Planning Commission following a public hearing. The second ordinance establishes retail cannabis and retail lower-potency hemp edible business registration and operation regulations. The third ordinance clarifies the drug paraphernalia ordinance does not apply to cannabis equipment allowed by Minnesota Statutes Chapter 342. MOTION: of Goodwin, seconded by Bergman,waiving the provision for a second reading and passing Ordinance No. 1131 amending Chapter 155 of the City Code to add section 155.320, Regulating Cannabis Businesses, Hemp Businesses, and Cannabis Events. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Page 5 MOTION: of Goodwin, seconded by Bergman, waiving the provision for a second reading and passing Ordinance No. 1132 amending Title XI of the City Code entitled "Business Regulations" Adding Chapter 121, Regarding Cannabis and Hemp Retail Businesses. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Goodwin, waiving the provision for a second reading and passing Ordinance No. 1133 amending Chapter 130.06 of the City Code entitled "Drug Paraphernalia" amending drug paraphernalia prohibitions. Ayes - 5 -Nays - 0. STORMWATER MANAGEMENT REGULATIONS ORDINANCE Mr. Saam summarized the proposed ordinance. The existing Chapter 155.350 of City Code has stormwater runoff design criteria and impervious surface requirements. The proposed ordinance removes outdated stormwater runoff design criteria and moves the design criteria to City Code Chapter 152. MOTION: of Grendahl, seconded by Melander, waiving the provision for a second reading and passing Ordinance No. 1134 amending Chapter 155.350 of the City Code, regulating stormwater management requirements. Ayes - 5 -Nays - 0. NATURAL RESOURCES REGULATIONS ORDINANCE Mr. Saam summarized the proposed ordinance. This code revision was initiated based on requirements of the City's Municipal Separate Storm Sewer System Permit from the Minnesota Pollution Control Agency. Due to the extensive nature of the needed revisions to Chapter 152, the proposed ordinance deletes Chapter 152 in its entirety and replaces it with a new Chapter 152, which includes the new stormwater runoff design criteria that were removed from Chapter 155.350. MOTION: of Melander, seconded by Grendahl, waiving the provision for a second reading and passing Ordinance No. 1135 amending Chapter 152 of the City Code, regulating natural resources. Ayes - 5 -Nays - 0. WATER USE RESTRICTIONS ORDINANCE Ms. Saam summarized the proposed ordinance. This code revision incorporates the requirements of water conservation restrictions upon the Governor's declaration of a critical water deficiency as mandated by Minnesota Statutes and Department of Natural Resources Rules. MOTION: of Grendahl, seconded by Goodwin, waiving the provision for a second reading and passing Ordinance No. 1136 amending Chapter 51 of the City Code, regulating water use restrictions. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Page 6 GENERAL ELECTION UPDATE Ms. Scipioni provided an overview of voting options, election preparations, and current turnout statistics. COMMUNICATIONS Mr. Lawell commented there was a ribbon cutting earlier in the day for a new segment of the North Creek Greenway. When completed, the North Creek Greenway will connect Eagan, Apple Valley, Lakeville, and Farmington and be a wonderful amenity for those communities' residents. Police Chief Francis invited the public to the Trunk or Treat event at the Apple Valley Family Aquatic Center parking lot on October 26, 2024, from 11:00 a.m. to 1:00 p.m. He also highlighted the Pink Patch Project sales, benefiting the non-profit Hope Chest. 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. CLOSE MEETING, CONSIDER OFFERS TO PURCHASE THE CENTRAL VILLAGE WEST SITE Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to review and consider various offers to purchase and develop the City-owned property generally identified as The Central Village West Site (f/k/a "866 Site"), located at 7153 152nd Street and 7169 153rd Street. MOTION: of Goodwin, seconded by Grendahl, to enter into a closed meeting and convene in closed session to review and consider various offers to purchase and develop the City-owned property generally identified as The Central Village West Site (f/k/a "866 Site"), located at 7153 152nd Street and 7169 153rd Street. Ayes - 5 -Nays - 0. The Council convened in the Jonathan Conference Room at 8:05 p.m. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander; City Administrator Lawell; City Clerk Scipioni; City Attorney Hills, Community Development Director Benetti, Finance Director Hedberg; and City Planner Sharpe. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:22 p.m. Councilmembers Bergman and Grendahl were absent. MOTION: of Goodwin, seconded by Melander, to adjourn. Ayes - 3 -Nays - 0. The meeting was adjourned at 8:22 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 24, 2024 Page 7 Respectfully Submitted, 4v� Christina M. Scipioni, CKNerk Valle i Approved yy h Apple the rr Y City Council on November 12, 2024. Clint Hooppaw, Mayor