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Home My WebLink About02/24/2022 CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held February 24, 2022, at 7:00 o'clock 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 Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson, Police Captain Dahlstrom, Finance Director Hedberg, Community Development Director Nordquist, Fire Chief Russell, Public Works Director Saam, and Public Works Superintendent Skok. 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 Melander, 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 Goodwin, approving all items on the consent agenda with no exceptions. Ayes - 4 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Goodwin, approving the minutes of the regular meeting of February 10, 2022, as written. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-25 accepting, with thanks, the donation of cash and prizes from various businesses toward sponsorship of the Mid-Winter Fest celebration. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Dakota County Voiture CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2022 Page 2 1454, for use on March 17, 2022, at American Legion, Post 1776, 14521 Granada Drive, and waiving any waiting period for State approval. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-26 setting a public hearing, at 7:00 p.m., on March 24, 2022, on the application for On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by Texas Roadhouse Holdings, LLC, d/b/a Texas Roadhouse. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms, and Explosive (ATF), and authorizing the Chief of Police or his designee to execute the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-27 amending Orchard Path Phase 2 construction hours, with conditions. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving release of the subdivision financial guarantee for Regent's Point Second Addition, as listed in the Department Assistant's memo. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-28 directing the City Engineer to prepare plans and specifications for Project 2022-111, Apple Valley 1 Ith and 12th Additions Electrical Conversion Phase 1. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-29 approving plans and specifications for Project 2022-105, 2022 Street Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m., on March 22, 2022, via a posting on the City's website and Quest Construction Data Network. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the First Amendment to Lease Agreement with Cellco Partnership d/b/a Verizon Wireless, for the Palomino Reservoir, as attached to the Public Works Superintendent's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Joint Powers Agreement with the Dakota County for Wetland Health Evaluation Program, as attached to the Natural Resources Coordinator's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Storm Water Pond Maintenance Agreement with Eagle Brook Church for Lot 1, Block 3, Fischer Market Place, as attached to the City Engineer's memo. Ayes - 4 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2022 Page 3 MOTION: of Melander, seconded by Goodwin, approving the agreement with Eagle Brook Church for Private Installation of Municipal Improvements, for Project 2022-114, Flagstaff Avenue Turn Lane Improvements, as attached to the City Engineer's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2020-134, 155th and Pilot Knob Roadway Improvements, and 2020-135, Orchard Place Pilot Knob Turn Lane Improvements, as complete and authorizing final payment on the agreement with McNamara Contracting, Inc., in the amount of$183,329.46. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2021-179, Valleywood Tree Management as complete and authorizing final payment on the agreement with The Vineland Group, Inc., d/b/a Vineland Tree Care, in the amount of$31,250.00. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, setting a special informal City Council meeting, at 1:00 p.m., on March 10, 2022, for the purpose of interviewing Police Chief candidates. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, setting a special informal City Council meeting, at 8:30 a.m., on April 1, 2022, at Valleywood Clubhouse, 4851 McAndrews Road in Apple Valley, for the purposes of goal setting. Ayes - 4 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving amendment to Personnel Policy Manual to include contribution methodology for Schedule II employees in Personnel Policy 3.20 Health Care Savings Plan (CHSP), and direct staff to prepare updated documents incorporating the policy change, as attached to the Human Resources Manager's memo. Ayes -4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated February 24, 2022. Ayes - 4 -Nays - 0. MOTION: of Melander, seconded by Goodwin, to pay the claims and bills, check registers dated February 2, 2022, in the amount of$1,397,580.93, and February 9, 2022, in the amount of$1,541,994.77. Ayes - 4 -Nays - 0. END OF CONSENT AGENDA Ms. Gackstetter reviewed the application from AV Hospitality SBC for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales, effective April 1, 2022, as described in her memo. The restaurant is located at 14521 Granada Drive. She noted receipt of the affidavit of publication of the hearing notice. The Police Department completed the background investigations and found no reason the licenses could not be authorized at this time. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2022 Page 4 Mayor Hooppaw called the public hearing to order at 7:08 p.m. to consider the application by AV Hospitality SBC for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:09 p.m. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2022-30 approving issuance of a 2022 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to AV Hospitality SBC for premises located at 14521 Granada Drive, for the period of April 1, 2022, through December 31, 2022. Ayes -4 -Nays - 0. Mr. Tim Liffrig, Commander of Apple Valley American Legion Post 1776, thanked the Council and staff. He said the American Legion has had a long history with the City and this restructuring will position them for the long term, allowing them to continue to serve and support veterans. Mayor Hooppaw wished them the best of luck with the changes and continued success. Y pp g WELLHEAD PROTECTION PLAN—PART TWO Mr. Saam introduced Ms. Zeigler and Mr. Skok to the Council. Ms. Nancy Zeigler, from Advanced Engineering and Environmental Services, Inc., (AE2S), provided a brief background on Part One and reviewed the Wellhead Protection Plan Part Two amendment. Part Two of the Plan inventories potential contaminants, evaluates several data elements, and prepares the management portion of the plan. She said a public hearing is required. Councilmember Bergman asked if the emergency backup wells are also tested. Mr. Skok confirmed that they are tested. Discussion followed. Mayor Hooppaw called the public hearing to order at 7:25 p.m. to consider the Wellhead Protection Plan Part Two amendment. The Mayor asked for questions or comments from the Council and the audience. Ms. Cindi Dayus, 169 Strese Lane, asked questions and made several comments regarding the Wellhead Protection Plan. She would specifically like the Plan to address drawdowns and recharging of wells. She asked the City to try to implement best practices so future generations will have equitable access to clean water. Discussion continued. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2022 Page 5 Mr. John Freitag, from the Minnesota Department of Health, said the goal of the Wellhead Protection Plan is intended for protection of water quality, not water quantity. The Department of Natural Resources' Water Supply Plan is the document that focuses on water conservation activities. Mayor Hooppaw ask if there were any additional questions or comments. There were none and the hearing was declared closed at 7:35 p.m. REAPPOINT COMMISSIONERS & COMMITTEE MEMBERS Ms. Gackstetter reviewed her memo regarding the reappointment of Commissioners and Committee Members with terms expiring March 1, 2022. She noted all members have indicated their interest in serving an additional term. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-31 reappointing Ken Johnson to the Economic Development Authority for a term expiring March 1, 2028; adopting No. 2022-32 reappointing Tanya Grawe to the Cemetery Advisory Committee for a term expiring March 1, 2025; No. 2022-33 reappointing Noel Hammill and Mark Schori to the Parks and Recreation Advisory Committee for a term expiring March 1, 2025; No. 2022-34 reappointing Paul Scanlan to the Planning Commission for a term expiring March 1, 2025; No. 2022- 35 reappointing Jerry Brown and Carson Turnquist to the Telecommunications Advisory Committee for a term expiring March 1, 2025; No. 2022-36 reappointing Linda Dolan, Matt Saam, and Joe Shaw to the Traffic Safety Advisory Committee for a term expiring March 1, 2025; and No. 2022-37 reappointing Sandy Breuer and Walton Mahlum to the Urban Affairs Advisory Committee for a term expiring March 1, 2025. Ayes -4 -Nays - 0. COMMUNICATIONS Mr. Lawell reminded the public that applications are still being accepted for the Cemetery Advisory Committee, Parks and Recreation Advisory Committee, Planning Commission, and Urban Affairs Advisory Committee. The Mayor thanked all the Commissioners and Committee Members who opted to continue to serve and for their valuable service. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Melander, 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. MOTION: of Bergman, seconded by Goodwin,to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 7:40 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota February 24, 2022 Page 6 Respectfully Submitted, P Pamela J. Ga#)tetki, City Clerk Approved by the Apple Valley City Council NJ A!6,41 on Clint Hooppaw, Mayor