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Home My WebLink About03/23/2023 CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held March 23, 2023, at 7:00 o'clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander*. ABSENT: None. *Present via remote technology City staff members present were: City Administrator Lawell, Deputy City Clerk Marthey, City Attorney Hills, Community Development Director Benetti, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, 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 Goodwin, seconded by Grendahl, approving the agenda for tonight's meeting, as presented. Roll call vote: 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. Roll call vote: Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Bergman, approving the minutes of the regular meeting of March 9, 2023, as written. Roll call vote: Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-51 approving issuance of a Gambling Premises Permit to Eastview Hockey Association for premises at Newt's 46, Inc., 15610 English Avenue, Suite 100, and waiving any waiting period for Minnesota Gambling Control Board approval. Roll call vote: Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 23,2023 Page 2 MOTION: of Melander, seconded by Bergman, approving issuance of a new 2023 Fuel Dispensing Facility Permit to US LBM Operating Co. 2009, LLC, 14555 Galaxie Avenue, as described in the City Clerk's memo. Roll call vote: Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, approving continuation of the Commission/Committee Recognition Program, allowing each non-staff member of the Cemetery Advisory Committee, Parks and Recreation Advisory Committee, Planning Commission, Telecommunications Advisory Committee, Traffic Safety Advisory Committee, and Urban Affairs Advisory Committee to receive up to $720.00 of parks and recreation services, for 2023, as described in the Park and Recreation Director's memo. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, receiving the Traffic Safety Advisory Committee's 2022 annual report. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,proclaiming April 28, 2023, as"Arbor Day" and May 2023, as "Arbor Month", and encouraging citizens to participate in tree planting programs. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,proclaiming June 19-25, 2023, as"Mayor's Monarch Pledge Week", and encouraging citizens to participate in pollinator planting that will ensure habitat to nurture and protect monarchs and other pollinators. Roll call vote: Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-52 approving the final plat and Development Agreement, and Stormwater Maintenance Agreement for Apple Valley Square 7th Addition, and authorizing the Mayor and City Clerk to sign the same. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,adopting Resolution No. 2023-53 approving plans and specifications for Project 2023-103, 2023 Micro Surfacing; and authorizing advertising for receipt of bids, at 10:00 a.m., on April 18, 2023,via a posting on the City's website and Quest Construction Data Network. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-54 awarding the agreement for Project 2023-101, 2023 Street and Utility Improvements,to McNamara Contracting, Inc.,the lowest responsible bidder, in the amount of $2,869,486.00. Roll call vote: Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,authorizing awarding the agreements to the lowest responsible bidders by the City of Burnsville for the 2023 South Metro Cities Joint Powers Agreement, Project 2023-121, Street Maintenance JPA. Roll call vote: Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2023 Page 3 MOTION: of Melander, seconded by Bergman, approving the Agreement with Abdo for professional services to complete market compensation benchmarking study, in an amount not to exceed $18,500.00, and authorizing the Mayor and City Clerk to sign the same. Roll call vote: Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, approving the Agreement for Project 2023- 118, 2023 Sod Replacement Services, with Jirik Sod Farm, in the amount of $25,156.00, and authorizing the Mayor and City Clerk to sign the same. Roll call vote: Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, accepting Project 2021-101, 2021 Street and Utility Improvements, as complete and authorizing final payment on the agreement with McNamara, Inc., in the amount of$318,568.70. Roll call vote: Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated March 23, 2023. Roll call vote: Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,to pay the claims and bills, check registers dated March 1, 2023, in the amount of$2,022,672.41, and March 8, 2023, in the amount of$1,453,431.07. Roll call vote: Ayes - 5 -Nays - 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE OFFICER TOLLEFSON Police Chief Francis introduced newly hired Police Officer Sarah Tollefson to the Council. The Deputy City Clerk administered the oath of office and an individual selected by Officer Tollefson pinned her badge. The Council congratulated Officer Tollefson and welcomed her to her new position. INTRODUCTION OF FIREFIGHTERS Fire Chief Russell introduced probationary Firefighters Paul Dolan, Isaac Engel, Kaneeshia Johnson, Oleg Rikkers, and Cory Williams to the Council. The Deputy City Clerk administered the oaths of office. Individuals selected by each Firefighter then pinned their badge. The Council congratulated Firefighters Dolan, Engel, Johnson, Rikkers, and Williams, and welcomed them to their new positions on the Fire Department. HOMSHUK MEXICAN KITCHEN AND BAR ON-SALE LIQUOR LICENSE Ms. Marthey reviewed the application by A.V. Bodega 42, Inc., d/b/a Homshuk Mexican Kitchen and Bar for On-Sale Intoxicating Liquor and Special License for Sunday Liquor Sales as described in the City Clerk's memo. The restaurant is located at 6999 152nd Street W. She noted receipt of the affidavit of publication of the hearing notice. The Police Department completed the necessary background investigations and found no reason the licenses could not be authorized at this time. CITY OF APPLE VALLEY Dakota County, Minnesota March 23, 2023 Page 4 Mayor Hooppaw called the public hearing to order at 7:15 p.m. to consider the application by A.V. Bodega 42, Inc., d/b/a Homshuk Mexican Kitchen and Bar, 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 7:16 p.m. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2023-55 approving issuance of a 2023 On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales to A.V. Bodega 42, Inc., d/b/a Homshuk Mexican Kitchen and Bar, for premises located at 6999 152nd Street W. through December 31, 2023. Roll call vote: Ayes - 5 -Nays - 0. Mr. Fernando Mellado-Barboza, Mr. Saul Mellado-Barbosa, from Homshuk Mexican Kitchen and Bar, and their legal counsel, Ms. Tamara Block, were present. The owners thanked the City Council and said they are looking forward to coming to Apple Valley. COMMUNICATIONS Police Chief Francis said that April is Autism Awareness month. The Police Department designed their own patch in celebration of Autism Awareness month and will wear it during the month of April. Three sensory-friendly events are scheduled targeting the autism community. Additional information will be forthcoming. Mayor Hooppaw stated the Parks and Recreation Department is still in need of summer workers and encouraged anyone interested to apply online. CALENDAR OF UPCOMING EVENTS MOTION: of Bergman, 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. Roll call vote: Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin,to adjourn. Roll call vote: Ayes - 5 -Nays - 0. The meeting was adjourned at 7:21 o'clock p.m. Respectfully Submitted, 01AAa Marthey, D ty City Cl k Approved by the Apple Valley City Council on 'A /13/ 2 3 Clint ooppaw, Mayor