The URL can be used to link to this page

Home My WebLink About2025/02/27CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 2025 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 27, 2025, at 7:00 p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, and Hiebert. ABSENT: Councilmembers Grendahl and Melander. 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 Associated Planner Stroeing. 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 Hiebert, seconded by Bergman, approving the agenda for tonight's meeting, as presented. Ayes - 3 - 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 Hiebert, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 3 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Hiebert, seconded by Bergman, approving the minutes of the regular meeting of February 13, 2025, as written. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, adopting Resolution No. 2025-26 calling for a public hearing on issuance of Senior Housing Revenue Bonds and authorizing the publication of notice of public hearing for PHS Apple Valley Senior Housing, Inc., - Orchard Path Phase II Project. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 2025 Page 2 MOTION: of Hiebert, seconded by Bergman, rescheduling the special informal City Council meeting, at 8:30 a.m., on April 4, 2025, to 8:30 a.m. on April 11, 2025, at Valleywood Golf and Event Center, for the purposes of goal setting. Ayes - 3 - Nays-0. MOTION: of Hiebert, seconded by Bergman, adopting Resolution No. 2025-27 approving a Parks and Recreation Scholarship Program for 2025. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving the election to not waive monetary limits on municipal tort liability. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, adopting Resolution No. 2025-28 amending the 2025 Fee Schedule. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, declaring certain City equipment as surplus; and authorizing disposal of the surplus City property by a public online auction with Auction Masters, Inc., as attached to the Parks and Recreation Director's memo. Ayes-3-Nays-0. MOTION: of Hiebert, seconded by Bergman, approving the Lease Termination and Demolition Agreement with Valley Athletic Association (VAA) for the VAA Building located at 14599 Hayes Road, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving the Memorandum of Understanding with Valley Athletic Association (VAA) for the future storage needs of VAA, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, adopting Resolution No. 2025-29 approving plans and specifications for Project 2025-103, 2025 Micro Surfacing; and authorizing advertising for receipt of bids, at 10:00 a.m., on March 25, 2025. Ayes -3-Nays-0. MOTION: of Hiebert, seconded by Bergman, approving the Westview Elementary School Site Development, Usage, and Maintenance Joint Powers Agreement with Independent School District 196 for construction, maintenance, and use of a youth baseball/softball complex at Westview Elementary School and Hayes Park, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving agreement with Emergency Services Marketing Corp., d/b/a IamResponding, for fire department communication and alerts, subject to review and final approval by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 2025 Page 3 MOTION: of Hiebert, seconded by Bergman, approving the agreement with CivicPlus, LLC, d/b/a CivicPlus, for agenda management software and data practices request software, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, adopting Resolution No. 2025-30 awarding the agreement for Project 2024-158, Cobblestone Lake Trail Reconstruction, to McNamara Contracting, Inc., the lowest responsible bidder, in the amount of $591,204.75. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving the agreement for Project 2025-116, 2025 Sod Replacement Services, with Jirik Sod Farms, Inc., in the amount of $29,250.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving the purchase order for Project 2024- 153, Pickleball Court Expansion at JCRPW, with Musco Sports Lighting, LLC, in the amount of $61,374.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving Change Order No. 8 for Project 2021- 172, Police Garage, with various contractors in various amounts. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, accepting various agreements for Apple Valley Fire Station #2 and Improvements to #1 & #3, as complete and authorizing final payment to various contractors in various amounts. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated February 27, 2025. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, to pay the claims and bills, check registers dated February 5, 2025, in the amount of $1,549,272.99, and February 12, 2025, in the amount of $1,970,612.29. Ayes - 3 - Nays - 0. END OF CONSENT AGENDA URBAN AIR APPLE VALLEY ON -SALE WINE AND 3.2 PERCENT MA[.T LIQUOR LICENSES Ms. Scipioni reviewed the application from Eezy Adventure, LLC, doing business as Urban Air Apple Valley for On -Sale Wine and 3.2 Percent Malt License Licenses as described in her memo. She noted receipt of the affidavit of public hearing notice. The restaurant is located at 7370 153`d Street West. 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. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 2025 Page 4 Mayor Hooppaw called the public hearing to order at 7:04 p.m. to consider the application by Eezy Adventure, LLC, doing business as Urban Air Apple Valley, for Wine and 3.2 Percent Malt License Licenses. The Mayor asked for questions or comments from the Council or audience. There were none and the hearing was declared closed at 7:04 p.m. MOTION: of Bergman, seconded by Hiebert, adopting Resolution No. 2025-31 approving issuance of 2025 On -Sale Wine and 3.2 Percent Malt License Licenses to Eezy Adventure, LLC, doing business as Urban Air Apple Valley, for premises located at 7370 153`d Street West. Ayes - 3 - Nays - 0. Owner Wes Herold introduced the establishment to the City. Mayor Hooppaw welcomed Urban Air to Apple Valley. MCDONALD'S AT ORCHARD PLACE, 15460 ENGLISH AVE Ms. Stroeing provided an overview of the request. This subject site is located in Orchard Place at the northwest intersection of Pilot Knob Rd and 155th St. W., 15460 English Ave. McDonalds USA, LLC has applied for the following land use actions: rezoning from "SG" Sand and Gravel to "RB" Retail Business to allow a Class -II Restaurant with drive -through; subdividing by preliminary plat a 2.52- acre parcel into two lots; granting a Conditional Use Permit and Variance for a Class -II Restaurant with a drive -through facility; and granting Site Plan and Building Permit Authorization. Ms. Stroeing added a public hearing was held at the January 15, 2025, Planning Commission meeting. No comments from the public were received the evening of the hearing. One public comment was received via email. The Planning Commission recommended approval of all the requests from the applicant by a 6-1 vote on all motions. MOTION: of Hiebert, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1141 amending City Code Section 155.006 by rezoning Outlot A, Orchard Place 4th Addition from "SG" Sand and Gravel to "RB" Retail Business, as recommended by the Planning Commission. Ayes - 3 - Nays - 0. MOTION: of Bergman, seconded by Hiebert, adopting Resolution No. 2025-32 approving a subdivision by preliminary plat of Outlot A, Orchard Place 4th Addition, into two lots, with conditions. Ayes - 3 - Nays - 0. MOTION: of Hiebert, seconded by Bergman, adopting Resolution No. 2025-33 approving a conditional use permit for a Class -II restaurant with drive -through and an 800 ft. variance to reduce the required separation distance for a Class -II restaurant from a residential use on Lot 2, Block 1, McDonalds at Orchard Place, with revised findings #4 and 6, subject to conditions. Ayes - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 2025 Page 5 MOTION: of Bergman, seconded by Hiebert, adopting Resolution No. 2025-34 approving a site plan/building permit authorization for 3,859 sq. ft. McDonald's restaurant on Lot 2, Block 1, McDonalds at Orchard Place, subject to conditions. Ayes - 3 - Nays-0. MIXED -USE BUSINESS CAMPUS DISTRICT ORDINANCE Mr. Benetti stated the City of Apple Valley is requesting an amendment to Chapter 155 of the City's zoning code to establish a new Mixed -Use Business Campus "MUBC" zoning district. This district will incorporate a mix of permitted, conditional, and accessory uses, along with specific area requirements and performance standards. The proposed MUBC zoning district aligns with the City's adopted 2040 Comprehensive Plan and may be used to rezone areas currently designated as MBC — Mixed Business Campus under the 2040 Plan, or other areas of the City, if so requested. Mr. Benetti added that on February 5, 2025, the Planning Commission conducted a public hearing and received several comments from the public. Upon closing the hearing, and receiving clarification and additional information from City Staff, the Planning Commission unanimously recommended (by 6-0 vote) to recommend approval of the proposed MUBC Ordinance as presented. Discussion followed. MOTION: of Bergman, seconded by Hiebert, waiving the provision for a second reading and passing Ordinance No. 1142 amending Chapter 155 of the City Code to add section 155.310, establishing a Mixed -Use Business Campus "MUBC" zoning district. Ayes - 3 - Nays - 0. COMMUNICATIONS Mr. Carlson highlighted the Parks and Recreation Scholarship Program that was approved earlier in the meeting. Council Member Hiebert thanked staff for working on the project and thanked the American Legion Post 1776 for supporting the program. Mr. Lawell noted the outdoor ice-skating rinks are now closed and the City's annual tree and shrub sale has begun. Residents can purchase up to three trees and five shrubs at wholesale prices. The sale helps diversify the City's natural landscape. Mayor Hooppaw thanked the Public Works Department for its quick work in repairing a watermain break at County Road 42 and Pennock Avenue. CALENDAR OF UPCOMING EVENTS MOTION: of Hiebert, seconded by Bergman, 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 - 3 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 27, 2025 Page 6 MOTION: of Bergman, seconded by Hiebert, to adjourn. Ayes - 3 - Nays - 0. The meeting was adjourned at 7:36 p.m. Respectfully Submitted, r& W4 Clinstina M. Scipioni, City lerk Approved by the Apple Valley City Council on March 13, 2025. �� L- Clint Hooppaw, Mayor