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Home My WebLink About04/13/2023 CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held April 13, 2023, at 7:00 o'clock p.m. 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, 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. Councilmember Bergman and Grendahl joined the meeting at 7:01 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Grendahl, seconded by Melander, 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 Goodwin, seconded by Bergman, approving all items on the consent agenda with no exceptions. Ayes - 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Bergman, approving the minutes of the regular meeting of March 23, 2023, as written. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2023 Page 2 MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-56 accepting, with thanks, the donation of a ballistic vest for police K-9 Moose, from Dakota County Heroes for use by the Police Department. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2023-57 accepting, with thanks, the donation of an oven/range appliance from an anonymous donor for use by the Parks and Recreation Department. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, receiving the Planning Commission 2022 annual report. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-58 approving amendments to the Apple Valley Firefighters Relief Association Bylaws. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2023-59 approving 2023 Special Assessment Roll No. 688 for hearing purposes, in the total amount of$150,157.65, and setting the public hearing, at 7:00 p.m., on May 11, 2023. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the reduction of financial guarantees for Orchard Place 3rd Addition from $101,250.00 to $50,000.00 and Orchard Place 3rd Addition—Street Improvements from $707,760.00.00 to $174,541.00, as listed in the Department Assistant's memo. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, declaring certain City property as surplus; authorizing disposal of unclaimed property and surplus City property by a public sale; and approving the Agreement with Surplus Liquidation Auctions, LLC, an authorized vendor of K-BID.com,to conduct an online auction of unclaimed and surplus property, as attached to the City Clerk's memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-60 approving the final plat for Apple Valley Lincoln Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-61 approving a Conditional Use Permit for On-Sale Liquor for Lunds Food Holding, Inc., d/b/a Lunds & Byerlys, located at 15550 English Avenue, subject to conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, authorizing Project 2023-142, Water System Pressure Management Study and Related Engineering Services, as described in the attachment to the Public Works Superintendent—Utilities memo. Ayes- 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2023 Page 3 MOTION: of Goodwin, seconded by Bergman, approving the Cost Share Program Agreement with Dakota County for Election Electronic Poll Books, Hardware Software, Software, and related services, in an amount of$15,301.22, subject minor modifications as approved by the City Administrator and City Attorney, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Access Agreement with Minnesota Pollution Control Agency (MPCA) for ground water sampling at Central Maintenance Facility, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, approving the Access Agreement with Minnesota Pollution Control Agency (MPCA) for ground water sampling at Johnny Cake Ridge Park East, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, approving the Access Agreement with Minnesota Pollution Control Agency (MPCA) for ground water sampling at the Ponding Site near Flagstaff and 145th Street, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2023- 132, Valleywood Reservoir Rehabilitation, with TMI Coatings, Inc., in the amount of$79,900.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for AVPD Training Room Conversion with Crew Construction, Inc., in the amount of$6,775.20, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for AVPD Training Room Furniture with Intereum, Inc., in the amount of$30,791.59, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Apple Valley Municipal Center Carpeting and Base with Henricksen& Company, Inc., in the amount of$119,093.70, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2023- 120, 2023 Concrete Removal & Replacement Services,with Ron Kassa Construction, Inc., in the amount of$61,780.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2023 Page 4 MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2023- 125, 2023 Ash Tree Removals,with Legacy Meadows, LLC, in the amount of $60,000.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Project 2023- 141, 2023 Outdoor Pool Water Management,with Hawkins, Inc., in the amount of$84,375.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 for Apple Valley Fire Station#2 and Improvements to#1 & #3 with various contractors for a total amount of$7,348.14. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated April 13, 2023. Ayes - 5 -Nays - 0. MOTION: of Goodwin, seconded by Bergman,to pay the claims and bills, check registers dated March 15, 2023, in the amount of$564,773.35; March 22,2023, in the amount of$1,203,278.05, and March 29, 2023, in the amount of$384,106.68. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA VOLUNTEER RECOGNITION WEEK Ms. Gackstetter introduced this item and read the proclamation proclaiming April 16 through April 22,2023, as"Volunteer Recognition Week". MOTION: of Grendahl, seconded by Bergman,proclaiming April 16 through April 22, 2023, as"Volunteer Recognition Week"and thanking all those who contribute their time, talent, and energy to the community. Ayes - 5 -Nays - 0. Mayor Hooppaw presented Cemetery Advisory Committee Member Tanya Grawe with a marble apple clock. The following individuals who were also present were recognized: Cemetery Advisory Committee Members Alan Kohls and Jan Monro; and Traffic Safety Advisory Committee Members Greg Dahlstrom, Charles Grawe, and Matt Saam. SCENEC EASEMENT VACATION Ms. Bodmer reviewed the request to vacate the scenic easement on the parcel abutting 13969 Duluth Court(Lot 4, Block 1, Hazelwood Estates). Dakota County is requesting the vacation of the scenic easement for the Diamond Path and 140th Street W. roundabout project. She noted CITY OF APPLE VALLEY Dakota County, Minnesota April 13,2023 Page 5 receipt of the affidavit of publication of the hearing notice and stated no objections have been received. Mayor Hooppaw called the public hearing to order, at 7:10 p.m.,to consider vacating the scenic easements on Lot 4, Block 1, Hazelwood Estates. The Mayor asked for questions or comments from the Council and the public. There were none and the hearing was declared closed at 7:11 p.m. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-62 completing vacation of the scenic easements on Lot 4, Block 1, Hazelwood Estates, and authorizing the City Clerk to record the necessary documents. Ayes - 5 -Nays - 0. CIDER RIDGE MARKETPLACE CONDITIONAL USE PERMIT(CUP) Ms. Bodmer reviewed the request by Hempel Real Estate and Honeycrisp Holdings, LLC, for a drive-thru window service in connection with a Class III restaurant at Cider Ridge Marketplace, located at 7495 145th Street W. They are requesting the drive-thru window be operational between the hours of 6:00 a.m. and 10:00 p.m. The Planning Commission held a public hearing on this item and at its meeting on March 15, 2023, voted unanimously to recommend approval. Discussion followed. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-63 approving a Conditional Use Permit for drive-thru window in conjunction with Class III restaurant on Lot 2, Block 1, Hope Alliance 2nd Addition(7495 145th Street W.), for Cider Ridge Marketplace, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. ORDINANCE AMENDING CHAPTER 155—CLOVR MASSAGE SCHOOL Mr. Sharpe gave the first reading of an ordinance amending Chapter 155, Appendix F, Article A28, of City Code regulating uses within Planned Development No. 703,Zone 6. The amendment was initiated at the request Clover Life Spa, located at 15730 Emperor Avenue, because of their interest in starting a massage school. The Planning Commission held a public hearing on this amendment at its meeting on March 1, 2023. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1118 amending Chapter 155, Appendix F, Article A28, of the City Code regulating uses within Planned Development No. 703, Zone 6, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota April 13, 2023 Page 6 ORDINANCE AMENDING CHAPTER 123 —MASSAGE THERPY LICENSES Chief Francis gave the first reading of an ordinance amending Chapter 123 of City Code regulating massage therapy business and massage therapist licenses. The amendment was initiated at the request Clover Life Spa because of their interest in starting a massage school. Discussion followed. MOTION: of Bergman, seconded by Goodwin, waiving the procedure for a second reading and passing Ordinance No. 1119 amending Chapter 123 of the City Code regulating massage therapy business and massage therapist licenses, as recommended by the Planning Commission. Ayes - 5 -Nays - 0. COMMUNICATIONS Mayor Hooppaw thanked the Public Works, Parks, Police, and Fire staff for their efforts during the most recent heavy snowfall. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Melander, 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. MOTION: of Grendahl, seconded by Goodwin, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:28 o'clock p.m. Respectfully Submitted, p ac l2owct� Pamela J. Ga&eij0, City Clerk Approved by the Apple Valley City Council 0. onZ2"I/23 Clint ooppa ayor