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Home My WebLink About2024/11/12CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2024 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 13, 2024, at 7:00 p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Melander. ABSENT: Councilmember Grendahl. 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, 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 Goodwin, 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 Melander, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 4 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Bergman, approving the minutes of the regular meeting of October 24, 2024, as written. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2024-136 accepting, with thanks, the donation of $1,612.00 from the Sobczek family for the purchase of one bench at Lebanon Cemetery in memory of Greg and Cindy Sobczak. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2024 Page 2 MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2024-137 setting a public hearing, at 7:00 p.m., on December 12, 2024, on renewal applications for On -Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2025. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the change in assumed name (or d/b/a) in connection with the On -Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales for Misfit AV, LLC, at 14889 Florence Trail, by from Pizzeria Social to Revolve Hall and Whiskey Inferno, as described in the City Clerk's memo. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving release of subdivision financial guarantees for AV Commerce Center 2nd Addition/Scannell, Eagle Brook Church, and Orchard Place 4th Addition/HealthPartners, as listed in the Department Assistant's memo. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving release of Natural Resources Management Permit financial guarantees for Apple Valley Commerce Center and Orchard Place Third Addition, Phase Two, as listed in the Natural Resources Technician's memo. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, proclaiming November 30, 2024, as "Small Business Saturday" and urging the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and throughout the year. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2024-138 authorizing Dakota County Community Development Agency (CDA) to administer City Local Affordable Housing Aid Funds. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, authorizing use of MVTA Park and Ride Lot at 15865 Pilot Knob Road for Boy Scout Troop 292 to sell wreaths, as attached to the City Planner's memo. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2024-139 approving First Amendment to Declaration of Private Easement for Applewood Pointe, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2024-140 directing the City Engineer to prepare plans and specifications for Project 2015-105, 2015 Street Improvements. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2024-141 awarding the agreement for Project 2024-177, Park Sign Fabrication and Installation, to CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2024 Page 3 Serigraphics Sign Systems, Inc., the second lowest responsible bidder, in the amount of $252,418.00. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, declaring certain City vehicles and property as surplus; authorizing disposal of surplus City vehicles and property by selling said items at a public auction; and approving the Agreement with Surplus Liquidation Auctions, LLC and K-Bid Online, Inc., to conduct an online auction, as attached to the City Clerk's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Professional Services Agreement with Kimley-Horn and Associates, Inc., for administration of the Community Project Fund, Congressionally Directed Spending relating to Project 2024-117, Redwood Park Reconstruction, associated with the 2023 Parks Bond Referendum, in an amount not to exceed $35,000.00, and authorizing the Acting Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Agreement for Fitness Services with Surprise Endurance, LLC, as a vendor for physical fitness training services and authorizing Police Chief Francis to sign the agreement on behalf of the City. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Joint Powers Agreement with the Dakota County for Social Services Embedded Social Worker & Public Safety, as attached to the Police Chiefs memo and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Agreement for Whole -of -State Managed Detection and Response security services effective through 2027, with the State of Minnesota, in the amount of $38,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Agreement for Police Operations Building — Video Conferencing/Display Monitors/Audio/Data Networking & Cabling, with the Conference Technologies, Inc., d/b/a CTI, in the amount of $350,250.91, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Agreement for on -demand streaming service of Apple Valley Sports Arena events, with LiveBarn, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Apple Valley Fire Station #2 and Improvements to #1 & #3, as complete and authorizing final payment on various agreements in various amounts. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2024 Page 4 MOTION: of Melander, seconded by Bergman, accepting Project 2024-102, 2024 Utility Improvements — Pennock Avenue Storm Sewer, as complete and authorizing final payment on the agreement with Valley Rich Co., Inc., in the amount of $37,523.00. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Project 2024-144, 2024 Sump Catch Basin Cleaning (county and collector roads), as complete and authorizing final payment on the agreement with Sewer Septic Grease Services, LLC, in the amount of $4,180.00. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Project 2024-145, 2024 Sump Catch Basin Cleaning (interior roads), as complete and authorizing final payment on the agreement with Sewer Septic Grease Services, LLC, in the amount of $3,007.50. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Project 2024-176, Garret Avenue and 153rd Street Storm Sewer Repairs, as complete and authorizing final payment on the agreement with Hydro-Klean, LLC, in the amount of $174,262.25. Ayes - 4-Nays-0. MOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated November 12, 2024. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the claims and bills, check registers dated October 16, 2024, in the amount of $1,657,870.64, October 23, 2024, in the amount of $1,663,367.22, and October 30, 2024, in the amount of $864,663.01. Ayes - 4 - Nays - 0. END OF CONSENT AGENDA CANVASS OF ELECTION RETURNS Ms. Scipioni reviewed the results of the General Election held on November 5, 2024. A total of 32,486 ballots were cast, which represents an 83 percent voter turnout. Approximately 50 percent of votes were cast at the polling places on election day, 18 percent were cast in -person at City Hall, 20 percent were cast in -person at county service centers, and 12 percent were cast by mail. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2024-142 canvassing the returns of the November 5, 2024, City General Election and declaring Ruth Grendahl and Lisa Hiebert were elected Councilmembers for four- year terms each, commencing January 6, 2025. Ayes - 4 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2024 Page 5 ORCHARD PLACE APARTMENTS COMPREHENSIVE PLAN AMENDMENT Mr. Benetti reviewed the request from Trident Development to amend the land use designation of a proposed 5.62-acre property from "C" (Commercial) to "HD" (High Density Residential). The applicants are currently requesting only a Comprehensive Plan Amendment. The request for a rezoning, subdivision, and site plan review/building permit authorization would be requested separately after the Comprehensive Plan Amendment process is completed. At the August 21, 2024, regular meeting, the Planning Commission conducted a duly noticed public hearing into this matter and received questions and comments from the public regarding this amendment request. At the September 18, 2024, regular meeting, the Planning Commission voted 5-1 to recommend approval of the requested Comprehensive Plan Amendment. Discussion followed. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2024-143 authorizing submittal to the Metropolitan Council a requested Comprehensive Plan Amendment from "C" (Commercial) to "HD" (High density residential, 12+ units/acre) for that portion of Outlot D, Orchard Place 2nd Addition. Ayes - 4 - Nays — 0. COMMUNICATIONS There were no communication updates from Council or City staff. CALENDAR OF UPCOMING EVENTS Mayor Hooppaw invited the public to attend the annual tree lighting at 6:15 p.m. on November 26, 2024. MOTION: of Bergman, 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. CLOSED MEETING, LABOR NEGOTIATIONS Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to discuss labor negotiations. MOTION: of Bergman, seconded by Goodwin, to enter into a closed meeting and convene in closed session to discuss AFSCME and LELS union labor negotiations. Ayes - 4 - Nays - 0. The Council convened in the Regent Conference Room at 7:37 p.m. to discuss AFSCME and LELS union labor negotiations. In attendance were Mayor Hooppaw, Councilmembers Bergman, Goodwin, and Melander; City Administrator Lawell, City Clerk Scipioni, City Attorney Hills, Parks CITY OF APPLE VALLEY Dakota County, Minnesota November 12, 2024 Page 6 and Recreation Director Carlson, Police Chief Francis, Finance Director Hedberg; and Public Works Director Saam. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:15 p.m. MOTION: of Melander, seconded by Bergman, to adjourn. Ayes - 4 - Nays - 0. The meeting was adjourned at 8:15 p.m. Respectfully Submitted, 4,4-1.1 '. �-- " Christina M. Scipioni, City 9ferk Approved by the Apple Valley City Council on November 26, 2024. Clint Hooppaw, Mayor