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Home My WebLink About11/22/2022 CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2022 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held November 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,Deputy Police Chief Dahlstrom, 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 Bergman, 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. Mayor Hooppaw thanked everyone who came out for the tree lighting prior to the City Council meeting. He also thanked the RAVE Brass band and Apple Valley High School choirs for entertaining everyone. 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- 5 -Nays- 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Goodwin, approving the minutes of the regular meeting of November 10, 2022, as written. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-162 appointing Greg Dahlstrom, as the Police Department Representative,to the CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2022 Page 2 Traffic Safety Advisory Committee, for a term expiring March 1, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the 2023 rates for City Attorney services, as attached to the Assistant City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the 2023 fees for Community Center, Senior Center, Athletic Field Rentals, Johnny Cake Activity Center, Park Facilities, Redwood Pool and Apple Valley Family Aquatic Center, Sports Arena and Hayes Park Arena, and Valleywood Golf Course, and granting the Parks and Recreation Director or designee the latitude to adjust the fees for special promotions, as described in the Parks and Recreation Director's memo. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2022-163 approving the State of Minnesota Joint Powers Agreement with the City of Apple Valley on behalf of its City Attorney and Police Department. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 1 to the agreement with Ron Kassa Construction, Inc., in the amount of an additional $6,940.80; and accepting Project 2022-119, 2022 Concrete Removal & Replacement Services, as complete and authorizing final payment in the amount of$16,842.18. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting Project 2022-110, Greenleaf Townhouse 3rd Sanitary Sewer Improvements, as complete and authorizing final payment on the agreement with Insituform Technologies USA, LLC, in the amount of$109,257.55. Ayes - 5 -Nays - 0. MOTION: of Goodwin seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated November 22,2022. Ayes - 5 -Nays - 0. MOTION: of Goodwin seconded by Bergman, approving the claims and bills check registers dated,November 2, 2022, in the amount of$941,941.51, and November 9, 2022, in the amount of$2,755,230.55. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF K9 MOOSE AND HANDLER POLICE OFFICER WITKOWSKI Police Chief Francis introduced K9 Moose and handler Police Officer Alex Witkowski to the Council. He also recognized Red's Chop Shop and owner, Lance (Red) Rosa, for their contributions to the K9 program. The Council welcomed Moose and Officer Witkowski to their new positions and thanked Mr. Rosa for his fundraising efforts. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2022 Page 3 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS Mr. Hedberg introduced this item. He reviewed the Facilities Capital Improvement Plan and described the projects that would be included in the request for additional authority to issue up to $41,000,000 of Capital Improvement Plan bonds. Councilmember Melander left the meeting at 7:14 p.m. Mr. Hedberg said, if approved,the authority to issue these bonds would expire within 5 years. Councilmember Melander returned to the meeting at 7:16 p.m. However, it does not obligate the City Council to issue any bonds. Assuming $41 million in bonds is issued over four years with a 25-year term,with today's interest rates,the tax levy impact on the median-valued home would be $30 per year. The tax impact is about$3 per million issued. At the end of the fourth year, the impact would be $124 per year. Mayor Hooppaw called the public hearing to order at 7:23 p.m. to consider adopting a resolution giving preliminary approval to the issuance of General Obligation Capital Improvement Plan Bonds, in an amount not to exceed $41,000,000, and adopting the 2023-2027 Capital Improvement Plan. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:24 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2022-164 giving preliminary approval to the issuance of General Obligation Capital Improvement Plan Bonds, in an amount not to exceed $41,000,000, and adopting the Capital Improvement Plan for years 2023-2027. Ayes - 5 -Nays - 0. 2023 ON-SALE LIQUOR AND WINE LICENSE RENEWALS Ms. Gackstetter reviewed her memo regarding renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor licenses for 2023. She noted receipt of the affidavit of publication of the hearing notice and stated no comments have been received. Ms. Gackstetter stated that although the On-Sale 3.2 Percent Malt Liquor renewal licenses are included in the public hearing this evening, action on all 3.2 Percent Malt Liquor licenses will take place at a later date. Police Chief Francis said last year a business owner reported incidents near or around bars which were affecting neighboring properties. At last year's goal setting session, the Council asked the Police Department to prioritize safety around the restaurants/bars in our community. In response,the Police Department conducted additional proactive observation of all bars in the City and worked with the businesses to resolve issues, which were generally minor in nature. This additional time officers spent with the businesses to educate them on ordinance requirements and expectations proved beneficial. CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2022 Page 4 Mayor Hooppaw called the public hearing to order at 7:32 p.m. to consider renewal applications for On-Sale Intoxicating Liquor, Wine, and 3.2 Percent Malt Liquor licenses for the year 2023. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:33 p.m. MOTION: of Melander, seconded by Grendahl, approving renewal, for 2023, of On-Sale Intoxicating Liquor, Special License for Sunday Liquor Sales, and On-Sale Wine licenses, subject to receipt of the necessary fees and documents, by adopting Resolutions No.2022-165 for Apple Minnesota, LLC, d/b/a Applebee's Neighborhood Grill & Bar; No. 2022-166 for Apple Valley Grill, LLC, d/b/a Wild Bill's Sports Saloon; No. 2022-167 for AV Hospitality SBC; No. 2022-168 for AVC, LLC, d/b/a Cowboy Jacks; No.2022-169 for Blazin Wings, Inc., d/b/a Buffalo Wild Wings; No. 2022-170 for CCH, LLC, d/b/a Celts Craft House;No. 2022-171 for DDJ Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House; No. 2022-172 for E1 Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant; No. 2022-173 for Farmer AV, LLC,d/b/a Farmer and the Fishmonger; No. 2022-174 for LoKo Bowling, Inc., d/b/a Bogart's Entertainment Center; No. 2022-175 for LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill; No. 2022-176 for M, S & R, III, LLC, d/b/a Masu Sushi and Noodle; No. 2022-177 for Misfit AV, LLC,d/b/a Mezcalito Butcher; No. 2022-178 for Newt's 46, Inc; No. 2022-179 for Osaka AV, Inc., d/b/a Osaka Seafood Steakhouse; No. 2022-180 for PBAV-Sanders, LLC, d/b/a Panino Brothers; No.2022-181 for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers& Brews; No.2022- 182 for Tavern Apple Valley, LLC, d/b/a The Tavern Grill Restaurant+Bar; No. 2022-183 for Texas Roadhouse Holdings, LLC, d/b/a Texas Roadhouse; No. 2022-184 for Chipotle Mexican Grill of Colorado, LLC, d/b/a Chipotle Mexican Grill; No. 2022-185 for Civitali Restaurant Corporation d/b/a Punch Neapolitan Pizza; No. 2022-186 for D&D of Minnesota, Inc., d/b/a Famous Dave's BBQ Shack; No. 2022-187 for Ooka Bistro, Inc., d/b/a Ooka; and No. 2022-188 for Smashburger Acquisition Minneapolis,LLC, d/b/a Smashburger#1317. Ayes- 5 -Nays - 0. Discussion followed. COMMUNICATIONS Mr. Lawell said Risor of Apple Valley is holding a grand opening ceremony on December 6, 2022,at 4:00 p.m. and the event should be added to the calendar of events. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, seconded by Grendahl, adding the Risor of Apple Valley grand opening ceremony on December 6, 2022, at 4:00 p.m. to the calendar, and approving the amended calendar of upcoming events as included in the Deputy CITY OF APPLE VALLEY Dakota County, Minnesota November 22, 2022 Page 5 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 Grendahl, seconded by Bergman, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:35 o'clock p.m. Respectfully Submitted, 6 Ou.12i0` Pamela J. G c tet er City Clerk Approved by the Apple Valley City Council on t2./8/22 Clint Hooppaw, Mayor