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Home My WebLink About09/22/2022 CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2022 Minutes of the regular meeting of the City Council of Apple Valley,Dakota County, Minnesota, held September 22, 2022, at 7:00 o'clock 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 Gackstetter, City Attorney Dougherty, City Engineer Anderson, Parks and Recreation Director Carlson,Police Captain Dahlstrom, Police Chief Francis,Assistant City Administrator Grawe, Finance Director Hedberg, Fire Marshal Kilmartin,Acting Community Development Director Lovelace, Fire Chief Russell, 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 Grendahl, seconded by Melander, adding item 4.0 -Adopt Resolution Authorizing Execution of Subordination,Nondisturbance, Attornment and Estoppel Agreement with TS Shopping Center, LLC, and Wings Financial Credit Union, to the consent agenda, and approving the agenda for tonight's meeting, as amended. 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 Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of September 8, 2022, as written. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-126 amending the 2022 Operating Budget for Specific Items. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2022 Page 2 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-127 calling for public hearing at 7:00 p.m. on September 22, 2022, on the intention to issue General Obligation Capital Improvement Plan Bonds and the proposal to adopt a Capital Improvement Plan therefor. Ayes- 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-128 providing for the competitive negotiated sale of$10,000,000.00 General Obligation Capital Improvement Plan Bonds, Series 2022A. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-129 appointing judges and officials for the November 8, 2022, State General Election. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of Natural Resources Management financial guarantees for My Salon Suite from $11,000.00 to $4,000.00, as listed in the Natural Resources Technician's memo. Ayes- 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of financial guarantees for Orchard Place 2nd Addition from$158,312.00 to $119,406.00, as listed in the Department Assistants memo. Ayes - 5 -Nays - 0. P Y Y MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-130 establishing parking restrictions along both sides of Garrett Avenue from 153rd Street W. to 155th Street W. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-131 setting a public hearing, at 7:00 p.m., on October 13, 2022, to consider vacating drainage and utility easements on Lot 2, Block 1, Carroll Center Fourth Addition(15630 Cedar Avenue). Ayes- 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-132 directing the City Engineer to prepare plans and specifications for Project 2021-150,North Creek Greenway Trail Improvements(Orchard Place Gathering Area). Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2022-133 directing the City Engineer to prepare plans and specifications for Project 2022-150, South Shelter Columbarium. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-134 directing the City Engineer to prepare plans and specifications for Project 2023-106, Greenleaf Townhouse 2nd Sanitary Sewer Improvements. Ayes- 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2022 Page 3 MOTION: of Goodwin, seconded by Bergman, approving a revision to the City's Water Efficiency Grant program reimbursement for large water users, as described in the Public Works Director's memo. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization(VRWJPO) for irrigation system audit and improvement program, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement with The Morris Leatherman Company for professional services related to a statistically accurate community survey, in an amount not to exceed $33,000.00 plus expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement with Confluence, Inc., for professional services related to Park(s) Sign Master Planning, in an amount not to exceed $38,500 plus expenses, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the agreement with Swedbro, Inc., for Apple Valley Police Facility Concrete Flooring, in the amount of$28,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, accepting Project 2020-117, 2020 Lebanon Cemetery Covered Ceremony Shelter, as complete and authorizing final payment on the contract with Met-Con Construction, Inc., in the amount of$29,171.18. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated September 22, 2022. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the claims and bills, check registers dated August 31, 2022, in the amount of$897,965.68, and September 7, 2022, in the amount of$801,375.08. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-135 authorizing execution of a Subordination,Nondisturbance, Attornment and Estoppel Agreement with TS Shopping Center, LLC, and Wings Financial Credit Union, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 - Nays - 0. END OF CONSENT AGENDA CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2022 Page 4 PROCLAIM"FIRE PREVENTION WEEK" Fire Marshal Kilmartin said every year the National Fire Protection Association and Fire Departments nationwide recognize Fire Prevention Week. The educational theme for 2022 is "Fire Won't Wait. Plan Your Escape!". He also reviewed activities planned at the fire stations. Public open houses will be held, from 6:00 to 8:00 p.m., at Fire Station No. 1 on October 11, at Fire Station No. 2 on October 12, and at Fire Station No. 3 on October 13, and everyone is invited. He then read the proclamation. MOTION: of Grendahl, seconded by Bergman, proclaiming October 9-15,2022, as "Fire Prevention Week" in support of the Fire Department's public safety efforts and urging all citizens to install smoke alarms and to plan and practice fire drills. Ayes - 5 -Nays - 0. PUNCH NEAPOLITAN PIZZA ON-SALE WINE AND 3.2%MALT LIQUOR LICENSES Ms. Gackstetter reviewed the application by Civitali Restaurant Corporation d/b/a Punch Neapolitan Pizza for On-Sale Wine and 3.2 Percent Malt Liquor licenses as described in her memo. She noted receipt of the affidavit of publication of the hearing notice. The restaurant is located at 15640 English Avenue, Ste. 400. She stated the Police Department completed the necessary background investigations and found no reason the license could not be authorized at this time. Mayor Hooppaw called the public hearing to order at 7:10 p.m. to consider the application of Civitali Restaurant Corporation d/b/a Punch Neapolitan Pizza, for On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:11 p.m. MOTION: of Melander, seconded by Bergman, adopting Resolution No.2022-136 approving issuance of 2014 On-Sale Wine and 3.2 Percent Malt Liquor licenses to Civitali Restaurant Corporation d/b/a Punch Neapolitan Pizza, for premises located at 15640 English Avenue, Ste. 400, subject to approval of the On-Sale Wine license by the Minnesota Alcohol & Gambling Enforcement Division. Ayes - 5 -Nays - 0. FIRE STATION NO 2. Mr. Lovelace reviewed the request by the Apple Valley Fire Department for a site plan and building permit authorization for Fire Station No. 2, located at 13995 Galaxie Avenue. The request includes three variances: one to exceed the maximum building coverage,one to exceed the maximum building height, and one to decrease the minimum parking setback. The Planning Commission reviewed this project on August 3, 2022, and voted unanimously to recommend approval. Discussion followed. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2022 Page 5 MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2022-137 approving a 1%building coverage variance, allowing the building to cover 21% of the lot, on Outlot D, Scott Highlands 3rd Addition(13995 Galaxie Avenue)to allow construction of a fire station, with conditions as recommended by the Planning Commission. Ayes- 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2022-138 approving a 2 ft. building height variance, allowing a total height of 42 ft., on Outlot D, Scott Highlands 3rd Addition(13995 Galaxie Avenue)to allow construction of a fire station, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-139 approving an 8 ft. parking setback variance, from 20 ft. to 12 ft., on Outlot D, Scott Highlands 3rd Addition(13995 Galaxie Avenue)to allow construction of a fire station, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2022-140 approving the site plan and authorizing issuance of a building permit for construction of a 30,111 sq. ft. fire station on Lot 1, Block 1, AVFD 2, (13995 Galaxie Avenue), with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. COMMUNICATIONS Mr. Carlson provided an update on the Parks planning process. They are soliciting feedback on planning the future of City parks through the end of October. He encouraged the public to provide their input via a survey found on the City's website or by attending in-person or virtual open houses scheduled for October 3, 4, and 5, 2022. Mr. Grawe reminded residents that Clean-up Day is September 24, 2022, from 8:00 a.m. to 1:00 p.m. at the Apple Valley Family Aquatic Center parking lot. Councilmember Grendahl noted that election judges were appointed this evening. She thanked the City Clerk and all the election judges who volunteered to work, which sets Apple Valley apart from other communities. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, 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. MOTION: of Bergman, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota September 22, 2022 Page 6 The meeting was adjourned at 7:30 o'clock p.m. Respectfully Submitted, Pamela J. k e er, City Clerk Approved by the Apple Valley City Council _ on 10/13/22 Clint Hooppaw, Mayor