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Home My WebLink About10/27/2022 CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2022 Minutes of the regular meeting of the City Council of Apple Valley,Dakota County, Minnesota, held October 27, 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, Planner Bodmer, Parks and Recreation Director Carlson,Deputy Police Chief Dahlstrom, Police Chief Francis,Assistant City Administrator Grawe,Finance Director Hedberg, Acting Community Development Director Lovelace, Fire Chief Russell, Public Works Director Saam, and Natural Resources Coordinator Schaum. 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,removing item 5.F - Floor and Decor(15630 Cedar Avenue) from the regular 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 Melander, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Bergman, approving the minutes of the regular meeting of October 13, 2022, as written. Ayes -4 -Nays - 0 -Abstain- 1 (Grendahl). MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2022-147 accepting, with thanks, a donation in the amount of$1,856.71, for a memorial bench from the Adlum family, for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2022 Page 2 MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2022-148 accepting,with thanks, a donation in the amount of$318.00, for a memorial tree from the Dosch family, for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No.2022-149 approving issuance of a Gambling Premises Permit to the Apple Valley Hockey Association for premises at Newt's 46, Inc., 15610 English Avenue, Ste. 100, and waiving any waiting period for Minnesota Gambling Control Board approval of the permit. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving a change in manager for Smashburger Acquisition Minneapolis, LLC, d/b/a Smashburger#1317, in connection with the On-Sale Wine and 3.2 Percent Malt Liquor Licenses at 7394 153rd Street W., Suite 100,naming Brittany Latrece Coleman as General Manager, as described in the City Clerk's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2022-150 setting a public hearing, at 7:00 p.m., on November 22, 2022, on renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor Licenses for 2023. Ayes - 5 -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 a public sale; and approving the Agreement with Surplus Liquidation Auctions, LLC, for an online auction conducted through K-Bid, as attached to the Fleet/Building Supervisor's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving release of Natural Resources Management Permit financial guarantees for Apple Valley High School, as listed in the Natural Resources Technician's memo. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the reduction of financial guarantees for Tempo Homes from$7,500.00 to $5,500.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving an extension of construction hours on Chick-fil-A Canopy Project, located at 7480 153rd Street W., as described in the City Planner's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving Change Order No. 1 to the agreement with B&B Commercial Coating, LLC, in the amount of an additional $1,500.00; and accepting Project 2022-135, 2022 Hydrant Painting and Reconditioning, as complete and authorizing final payment in the amount of $29,625.00. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2022 Page 3 MOTION: of Melander, seconded by Bergman, accepting City of Apple Valley Residential Fall Clean-Up Day(Appliance, Scrap Metal, and Mattress Collection), as complete and authorizing final payment on the agreement with Certified Recycling, LLC, in the amount of$6,265.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, accepting City of Apple Valley Residential Fall Clean-Up Day(Furniture and Remodeling Debris Collection), as complete and authorizing final payment on the agreement with Lightning Disposal, Inc., in the amount of$5,801.28. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, setting a special City Council meeting, at 4:00 p.m., on November 18, 2022, at the Municipal Center, for the purpose of canvassing the 2022 General Election results. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution 2022-151 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, 2023, as described in the Human Resources Manager's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated October 27, 2022. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the claims and bills, check registers dated October 5, 2022, in the amount of$1,090,688.71, and October 12, 2022, in the amount of$3,824,931.92. Ayes- 5 -Nays- 0. END OF CONSENT AGENDA INTRODUCTIONS OF NEW SERGEANT AND POLICE OFFICERS Police Chief Francis introduced newly hired Police Officers Dani Gerbitz,Nathan Pattee, and Alex Walker. The City Clerk administered the oaths of office to the Officers and individuals selected by the Officers pinned their badges. The Council congratulated Officers Gerbitz, Pattee, and Walker and welcomed them to their new positions. GREENSTEP CITIES STEP FIVE AWARDS Mr. Grawe, introduced Diana McKeown from the Great Plains Institute and Minnesota Pollution Control Agency. Ms. Diana McKeown,presented the City with GreenStep Cities Step Four and Five Awards. She stated Apple Valley has reached the highest designation by Green Step Cities as a Step Five CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2022 Page 4 recipient. Only 31 out of 147 cities have achieved a Step Five honor. She commended Apple Valley on its high level of engagement. Discussion followed. GENERAL ELECTION UPDATE Ms. Gackstetter provided the Council an update on election preparations and reminded the public about the upcoming City and State General Election on November 8. Polls will be open from 7:00 a.m. to 8:00 p.m. She encouraged everyone to exercise their right to vote. Councilmember Goodwin left the meeting at 7:36 p.m. PROCLAIM"SMALL BUSINESS SATURDAY" Mr. Grawe introduced this item and announced Small Business Saturday will be November 26, 2022. Mayor Hooppaw then read the proclamation and presented it to Mr. Kearney. MOTION: of Bergman, seconded by Grendahl,proclaiming November 26, 2022, 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. Mr. Ed Kearney,Apple Valley Chamber of Commerce President, commented on the importance of shopping locally and supporting small businesses. He encouraged everyone to think local, shop small, and save big. Discussion followed. SALE OF CITY BONDS Mr. Hedberg introduced this item. The issue will provide $2,000,000 in General Obligation Storm Water Revenue Bonds and $7,995,000 in General Obligation Capital Improvement Bonds. He said both Moody's Investor Service and Standard and Poor's Ratings Services have reaffirmed Apple Valley's ratings of Aaa and AAA,respectively. He noted only ten Minnesota cities have achieved two triple A bond ratings. Ms. Tammy Omdal, of Northland Securities, commented on the results of the $9,995,000 General Obligation Bonds, series 2022A, received this morning. Five bids were received and Stifel,Nicolaus& Co., Inc., was the low bid. The final true interest cost was 4.27%,which is within the perimeters of the City's plans and tax levy. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2022-152 providing for the issuance and sale of$9,995,000 General Obligation Bonds, CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2022 Page 5 Series 2022A, and pledging for the security thereof net revenues and levying a tax for the payment thereof. Ayes -4-Nays- 0. Discussion followed. APPLE VALLEY LINCOLN REDEVELOPMENT Ms. Bodmer reviewed the request by Apple Ford Lincoln Apple Valley and Gulbrandson Real Estate, LLLP/Apple Auto Properties for a vacation of Gardenia Avenue right-of-way, a Conditional Use Permit for outdoor sales and storage of motor vehicles, and a site plan review/building permit authorization to construct a 22,000 sq. ft. building that would allow redevelopment of the former auto mall property, at 7125 151 st Street. W., into a Lincoln auto dealership. The Planning Commission reviewed this request on May 4, 2022, and voted unanimously to recommend approval. Councilmember Bergman thanked the developer for their investment in the community. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2022-153 completing vacation of Gardenia Avenue, and authorizing the City Clerk to record the necessary documents. Ayes - 4 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, adopting Resolution No. 2022-154 approving a Conditional Use Permit to allow outdoor sales and storage of motor vehicles on Lot 1, Block 1, Southport Fourth Addition(7125 151st Street. W.), for a Lincoln auto dealership,with conditions as recommended by the Planning Commission. Ayes -4 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2022-155 approving the site plan and authorizing issuance of a building permit for construction of a 22,000 sq. ft. Apple Valley Lincoln building on Lot 1, Block 1, Southport Fourth Addition(7125 151 st Street. W.),with conditions as recommended by the Planning Commission. Ayes -4 -Nays - 0. Mr. Chris Gulbrandson, with Apple Ford Lincoln, thanked staff for their help on this project. He said this is currently the number one Lincoln dealership in the state. They are excited to be here and they appreciate the support of the City. Discussion followed. COMMUNICATIONS Police Chief Francis reminded everyone of the Trunk or Treat event at the Apple Valley Family Aquatic Center parking lot on October 29, 2022, from 11:00 a.m. to 1:00 p.m. CITY OF APPLE VALLEY Dakota County, Minnesota October 27, 2022 Page 6 CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, 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 - 4 -Nays - 0. MOTION: of Melander, seconded by Grendahl, to adjourn. Ayes - 4 -Nays - 0. The meeting was adjourned at 8:13 o'clock p.m. Respectfully Submitted, P acw-WpbFg Pamela J. Gac tet , City Clerk Approved by the Apple Valley City Council on It 1 O 1 22 Clint Hooppaw, Nlaybr