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Home My WebLink About11/10/2022 CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 10, 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 Chief Francis, Finance Director Hedberg, 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 Goodwin, approving the agenda for tonight's meeting, as presented. 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 Grendahl, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Grendahl, seconded by Bergman, approving the minutes of the regular meeting of October 27, 2022, as written. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2022-156 of support for Dakota County Draft 2023-2027 Capital Improvements Plan. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 10,2022 Page 2 MOTION: of Grendahl, seconded by Bergman, adopting Resolution No.2022-157 approving a I0-year commitment for LOGIS ERP and utility billing software applications. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Bergman, approving release of Natural Resources Management Permit financial guarantees for Orchard Place Retail Development and Apple Valley Commerce Center, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays -0. MOTION: of Grendahl, seconded by Bergman,waiving the procedure for a second reading and passing Ordinance No. 1114 amending Section 155.999 of the City Code, regulating penalties. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No.2022-158 directing issuance of a building permit for Fire Station No. 2. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the Joint Powers Agreement with Dakota County to operate a residential organics drop-off site, as attached to Public Works Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving the acceptance of privately installed public improvements for Project 2020-150, Orchard Place Stormwater Improvements, as described in the City Engineer's memo. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving renewal of the agreement with Environmental Systems Research Institute, Inc., (ESRI) for Geographic Information System software and services, as attached to the Public Works Director's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. MOTION: of Grendahl, seconded by Bergman,approving Change Order No. 1 to the agreement with 292 Design Group, Inc.,to Johnson Laffen Galloway Architects, Ltd., for professional services relating to Facility Master Planning,resulting in no change to the agreement amount. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, approving Change Order No. 1 to the agreement with 292 Design Group, Inc.,to Johnson Laffen Galloway Architects, Ltd., for professional services relating to Aquatic Facility Master Planning, resulting in no change to the agreement amount. Ayes - 5 -Nays - 0. MOTION: of Grendahl, seconded by Bergman, setting a special informal City Council meeting, at 4:00 p.m., on November 14, 2022, at the Municipal Center; for the purpose of interviewing candidates for Community Development Director. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2022 Page 3 MOTION: of Grendahl, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated November 10, 2022. Ayes - 5 -Nays-0. MOTION: of Grendahl, seconded by Bergman, approving the claims and bills, check registers dated October 19, 2022, in the amount of$2,360,140.80, and October 26, 2022, in the amount of$1,976,955.45. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA FLOOR AND DECOR Mr. Lovelace reviewed the request by CenterPoint Integrated Solutions, LLC, and AP Apple Valley Limited Partnership for several items to allow for the removal of the existing AMC Theater located at 15630 Cedar Avenue and construction of an 80,000 sq. ft. Floor and Decor retail building. The items requested include a private installation agreement for public infrastructure,vacation of a 20-foot-wide drainage and utility easement, an ordinance amendment to include building material sales as a permitted use and to increase the building coverage to 30% in PD No. 507/Zone 1, and a site plan/building permit authorization to demolish the existing theater and allow construction of an 80,000 sq. ft. building materials sales store. On August 17, 2022, the Planning Commission reviewed this item and voted unanimously to recommend approval. MOTION: of Melander, seconded by Goodwin, approving the agreement for the private installation of Public infrastructure for Project No. 2022-163, Carroll Center Fourth Addition Storm Water Improvements,with AP Apple Valley Limited Partnership, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-159 completing vacation of public drainage and utility easements on Lot 2, Block 1, Carroll Center Fourth Addition, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl, waiving the procedure for a second reading and passing Ordinance No. 1115 amending Chapter 155 of the City Code, Planned Development No 507/Zone 1 to include building materials sales as a permitted use and increase the building coverage to 30%. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Melander, adopting Resolution No. 2022-160 approving the site plan and authorizing issuance of a building permit to allow construction of an 80,000 sq. ft. building on Lot 2,Block 1, Carroll Center Fourth Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2022 Page 4 Mr. Kelton McCoy, representative for Floor and Decor,thanked the City Council and staff. Discussion followed. COMMUNICATIONS Mr. Lawell congratulated Mayor Hooppaw and Councilmembers Bergman and Melander on being elected to the City Council. He also thanked the City Clerk, election staff, election judges, and entire team for all the work they did for the General Election. The City Council also thanked all the election judges and staff for their efforts. CALENDAR OF UPCOMING EVENTS Mayor Hooppaw invited the public to attend the annual tree lighting at 6:15 p.m. on November 22, 2022. 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 - 5 -Nays- 0. CLOSE MEETING Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to review real property appraisal information related to the possible purchase of Parcel ID Number 0 1-47900-01-010. MOTION: of Grendahl, seconded by Bergman,to enter into a closed meeting and convene in closed session to review real property appraisal information related to the possible purchase of Parcel ID Number 01-47900-01-010. Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 7:21 p.m. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander; City Administrator Lawell; City Clerk Gackstetter; City Attorney Dougherty, Finance Director Hedberg; Public Works Director Saam, and Police Chief Francis. The meeting was tape recorded as required by law. The Council reconvened in open session at 7:41 p.m. MOTION: of Goodwin, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:42 o'clock p.m. CITY OF APPLE VALLEY Dakota County, Minnesota November 10, 2022 Page 5 Respectfully Submitted, P461UW 6U&-bF-�� Pamela J. G c ste , City Clerk Approved by the Apple Valley City Council on 11 z/ZZ Clint Hooppaw, Mayor