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HomeMy WebLinkAbout01/12/2023 CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held January 12, 2023, 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, Community Development Director Benetti, Planner Bodmer, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis,Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Acting Community Development Director Lovelace, Fire Chief Russell, Public Works Director Saam, and Planner/Econ. Dev. Specialist Sharpe. Mayor Hooppaw called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. OATHS OF OFFICE The City Clerk administered the oath of office to Mayor Hooppaw, Councilmember Bergman, and Councilmember Melander. 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 resent to address the Council, at this time, on any item not Y pp p 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 an item from the Y ppp Y 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 December 22, 2022, as written. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 12,2023 Page 2 MOTION: of Melander, seconded by Goodwin, approving issuance of a Temporary Event License in connection with a community festival to LSP Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill, for use on February 4, 2023, outdoors at Johnny Cake Ridge Park- West, 14255 Johnny Cake Ridge Road, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No.2023-1 designating Dakota County Tribune as the official newspaper of the City of Apple Valley for the year 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No.2023-2 designating U.S. Bank NA as the official depository for City funds for the year 2023. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-3 designating as additional depositories and financial security dealers for City funds for the year 2023: Wells Fargo Securities, LLC; Wells Fargo Bank,NA; 4M Fund;Northland Securities, Inc.; RBC Capital Markets Corporation; Robert W. Baird& Co.,Inc.; Moreton Capital Markets, LLC; U.S. Bancorp Investments, Inc.; Old National Bank; Merchants Bank,NA; and MidCountry Bank. Ayes - 5 -Nays -0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-4 designating U.S. Bank Institutional Trust as Safekeeping Custodian. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin,adopting Resolution No. 2023-5 designating the City's website as the official website for the dissemination of solicitations of transportation project bids in 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-6 authorizing electronic funds transfer transactions. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-7 authorizing expenditure of fiscal year 2023 opioid settlement funds. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-8 amending 2023 operating budget for uncompleted 2022 projects and specific carryover items. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-9 approving the application for fiscal year 2023 Community Development Block Grant(CDBG) Funding. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the reduction of financial guarantees for Orchard Place 2nd Addition from $109,406.00 to $96,263.00 and CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 2023 Page 3 Lakeside of Diamond Path from$202,500.00 to $75,000.00,as listed in the Community Development Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, appointing Clint Hooppaw and Pamela Gackstetter as statutory members to the Apple Valley Firefighters Relief Association(AVFRA) Board of Trustees for the year 2023, as described in the City Clerk's memo. Ayes - 5 -Nays -0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-10 approving a Conditional Use Permit for on-sale liquor for QRA Enterprises, LLC, d/b/a X-Golf Apple Valley, 7541 148th Street W. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-11 approving a one-year extension of Conditional Use Permit and site plan and building permit authorization for U-Haul of Apple Valley. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for 2023 Sentence to Service (STS)Program Work Crews with Dakota County, in the amount not to exceed $27,417.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, accepting 2022 Education Partnership Building Roof Replacement for Schmitt Music Storage, as complete and authorizing final payment on the agreement with A Plus Roofing Co., in the amount of$35,250.00. Ayes - 5 -Nays -0. Goodwin, approving MOTION: of Melander, seconded by Good the personnel actions as listed in the Personnel Report dated January 12, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin,to pay the claims and bills, check registers dated December 14, 2022, in the amount of$927,751.85, December 21, 2022, in the amount of$924,917.65, and December 28, 2022, in the amount of$923,653.78. Ayes- 5 -Nays - 0. END OF CONSENT AGENDA X-GOLF APPLE VALLEY ON-SALE LIQUOR LICENSES Ms. Gackstetter reviewed the application by QRA Enterprise, LLC, d/b/a X-Golf Apple Valley, for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The restaurant is located at 7541 148th Street W. She noted receipt of the affidavit of publication of the hearing notice. The Police Department completed background investigations and found no reason the licenses could not be authorized at this time. CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 2023 Page 4 Mayor Hooppaw called the public hearing to order at 7:06 p.m. to consider the application by QRA Enterprise, LLC, d/b/a X-Golf Apple Valley, 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 7:07 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2023-12 approving issuance of a 2023 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to QRA Enterprise, LLC, d/b/a X-Golf Apple Valley, for premises located at 7541 148th Street W. Ayes- 5 -Nays - 0. Mr. Ben Feret, owner of X-Golf Apple Valley, addressed the City Council and commented on their facility. He said they are excited to bring X-Golf to Apple Valley. It is their biggest location and a great place to play golf year around in Minnesota. He invited everyone to stop in to try it in the next couple months. SSA GROUP, LLC, CONCESSIONAIRE ON-SALE LIQUOR LICENSES Ms. Gackstetter reviewed the application by SSA Group, LLC, for Concessionaire On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales. The applicant will be the concessionaire for the Minnesota Zoo located at 13000 Zoo Boulevard. She noted receipt of the affidavit of publication of the hearing notice. The Police Department completed background investigations and found no reason the licenses could not be authorized at this time. Mayor Hooppaw called the public hearing to order at 7:10 p.m. to consider the application by SSA Group, LLC, for Concessionaire 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 7:11 p.m. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2023-13 approving issuance of a 2023 Concessionaire On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to SSA Group, LLC, for premises located at 13000 Zoo Boulevard. Ayes - 5 -Nays - 0. ORCHARD PLACE 4TH ADDITION Mr. Lovelace reviewed the request by HJ Development, LLP, and Rockport, LLC, for approval of a preliminary plat that will subdivide 18.9 acres into two lots and two outlots; rezoning of Lot 1, Block 1, Orchard Place 4th Addition, from"SG"(Sand and Gravel)to"RB" (Retail Business); rezoning of Lot 2, Block 1, Orchard Place 4th Addition, from"SG"(Sand and Gravel"to "LB" (Limited Business); and a site planibuilding permit authorization to allow for construction of a 6,366 sq. ft. vet clinic on Lot 1, Block 1, and a two-story/56,595 sq. ft. medical office building on Lot 2,Block 1. The property is located on the northwest corner of 155th Street W. and Pilot Knob Road. He said the Planning Commission voted unanimously to recommend approval of this project. CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 2023 Page 5 MOTION: of Bergman, seconded by Grendahl, adopting Resolution No.2023-14 approving the subdivision by preliminary plat of Orchard Place 4th Addition into two lots and two outlots, as recommended by the Planning Commission. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl,passing Ordinance No. 1116 rezoning Lot 1, Block 1, Orchard Place 4th Addition, from"SG" (Sand and Gravel)to "RB"(Retail Business). Ayes- 5 -Nays- 0. MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 1117 rezoning Lot 2, Block 1 and Outlot B, Orchard Place 4th Addition, from"SG"(Sand and Gravel)to "LB" (Limited Business). Ayes - 5 -Nays-0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2023-15 approving the site plan and authorizing issuance of a building permit to allow construction of a 6,366 sq. ft. veterinary clinic on Lot 1, Block 1, Orchard Place 4th Addition,with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Goodwin, adopting Resolution No.2023-16 approving the site plan and authorizing issuance of a building permit to allow construction of a 56,595 sq. ft. medical office building on Lot 2, Block 1, Orchard Place 4th Addition,with conditions as recommended by the Planning Commission. Ayes - 5 -Nays- 0. The Council welcomed them to the City and commented on their beautiful buildings. 2023 ACTING MAYOR Ms. Gackstetter introduced this item. MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2023-17 appointing Councilmember Goodwin to serve as Acting Mayor, in the absence of the Mayor, for the year 2023. Ayes - 5 -Nays - 0. CEMETERY ADVISORY COMMITTEE VACANCY Ms. Gackstetter reviewed her memo regarding the vacancy on the Cemetery Advisory Committee as a result of the passing of Committee Member David Kemp. The vacancy is for a three-year term p expiring March 1, 2024. She said the Council may wish to extend an invitation to individuals interested in serving on this Committee to submit an application to the City Clerk by February 17, 2023. MOTION: of Melander, seconded by Grendahl, directing staff to post the Cemetery Advisory Committee vacancy, and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by February 17, 2023. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 2023 Page 6 COMMUNICATIONS Mr. Carlson reviewed the activities scheduled for Mid-Winter Fest on February 4, 2023, at Johnny Cake Ridge Park—West. Mr. Lawell said Tom Lovelace has served the City over 28 years and has done a remarkable job. On behalf of the City, he presented Mr. Lovelace with a marble apple commemorating his years of service and congratulated him on his well-deserved retirement. On behalf of the City Council, Mayor Hooppaw then presented Mr. Lovelace with a key to the City. Councilmember Melander stated that while he served on the Planning Commission,he heard many presentations by Tom Lovelace, and he always did a great job. The Council thanked Mr. Lovelace for his service and wished him the best in retirement. Councilmembers Bergman and Goodwin commended the Streets crew on the excellent job they have been doing clearing the streets from snow and ice. Councilmember Goodwin said he was sad to learn former Councilmember and Mayor Bill Holton and former Councilmember Ginny Sterling passed away last week. The Council wished condolences to the Holton and Sterling families. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl seconded b Goodwin approving the calendar of upcoming events as Y pp g P g 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 develop or consider offers or counteroffers for the possible purchase of Parcel ID Number 01- 47900-01-010. MOTION: of Bergman, seconded by Melander,to enter into a closed meeting and convene in closed session to develop or consider offers or counteroffers for the possible purchase of Parcel ID Number 0 1-47900-01-010. Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 7:45 p.m. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, and Grendahl; City Administrator Lawell; City Clerk Gackstetter; City Attorney Dougherty; Deputy Police Chief Dahlstrom; Police Chief Francis; Finance Director Hedberg; and Public Works Director Saam. The meeting was tape recorded as required by law. The Council reconvened in open session at 8:14 p.m. MOTION: of Goodwin, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota January 12, 2023 Page 7 The meeting was adjourned at 8:15 o'clock p.m. Respectfully Submitted, Q MkA Pamela J. C4 sklier, City Clerk J Approved by the Apple Valley City Council i on 1/2-6/22 Cli t Hooppaw, Mayor