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Home My WebLink About05/25/2023 CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held May 25, 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,Parks and Recreation Director Carlson, Police Captain Dahlstrom, Police Captain Francis, Assistant City Administrator Grawe, Finance Director Hedberg, Fire Chief Nelson, 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. 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 Grendahl, approving all items on the consent agenda with no exceptions. Ayes- 5 -Nays - 0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Grendahl, approving the minutes of the regular meeting of May 11, 2023, as written. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-76 accepting, with thanks, the donation of$100.00 from Pam Hale for use by the Parks and Recreation Department. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl,proclaiming June 19, 2023, as"Juneteenth Day" in Apple Valley and urging all citizens to become more aware of the CITY OF APPLE VALLEY Dakota County, Minnesota May 25,2023 Page 2 historical significance of this day and the ever-present need to ensure true equality for all. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the 2023-2024 Goal Setting Focus Session Summary, as attached to the City Administrator's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the 2024 Budget calendar and setting a special informal City Council meeting, at 5:30 p.m., on August 24, 2023. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving release of Natural Resources Management Permit financial guarantees for Eagle Pointe Subdivision Mass Grading, and Summers Ridge of Apple Valley, as listed in the Natural Resources Technician's memo. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2023-77 rejecting bids for Project 2021-150,North Creek Greenway Trail Improvements. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No.2023-78 directing the City Engineer to prepare plans and specifications for Project 2021-163,Village at Founders Circle 2nd Trailhead& Plaza Public Improvements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-79 approving the Joint Powers Agreement with the Cities of Burnsville, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul, Dakota County, and Dakota County Drug Task Force, as attached to the Police Chief s memo, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the Service Agreement for Fire Department's record management software with Target Solutions Learning, LLC, d/b/a Vector Solutions, in the amount of$6,148.50, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for the 2023 Citizen Assisted Lake Monitoring Program(CAMP)with Metropolitan Council, in the amount of$2,660.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, approving the Agreement for Project 2023- 123, 2023 Fence& Light Pole Reconditioning Services, with Cobalt Companies, in the amount of$68,331.70, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2023 Page 3 MOTION: of Melander, seconded by Grendahl, approving Change Order No. 1 to the agreement with Huston's Tree Service, with an updated completion date; and accepting Project 2022-160, 2022 Ash Tree Removals Second Batch, as complete and authorizing final payment in the amount of$2,509.50. Ayes - 5 -Nays -0. MOTION: of Melander, seconded by Grendahl, approving Change Order No. 4 for Apple Valley Station#2 and Improvements to#1 &#3,to various contractors for a total amount of$31,471.07. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, accepting AVPD Training Room Conversion, as complete and authorizing final payment on the agreement with Crew Construction, Inc., in the amount of$6,775.20. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, accepting Plymovent Vehicle Exhaust Systems Modifications, as complete and authorizing final payment on the agreement with TNC Industries, Inc., in the amount of$51,972.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, amending the Personnel Policy Manual, as attached to the Human Resource Manager's memo. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Grendahl, approving the personnel actions as listed in the Personnel Report dated May 25, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Grendahl, to pay the claims and bills, check registers dated May 3, 2023, in the amount of$1,202,250.33; and May 10, 2023, in the amount of$1,006,222.23. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PIZZA KARMA ON-SALE WINE AND 3.2 PERCENT MALT LIQUOR LICENSES Ms. Gackstetter reviewed the application by Apple Valley Pizza Karma, LLC, d/b/a Pizza Karma for On-Sale Wine and 3.2 Percent Malt Liquor licenses as described in her memo. She noted receipt of the affidavit of publication of the hearing notice. The restaurant is located at 15265 Galaxie Avenue, Ste. 200. She stated the Police and Fire Departments completed the necessary background and site investigations and found no reason the licenses could not be authorized at this time. Mayor Hooppaw called the public hearing to order at 7:04 p.m. to consider the application of Apple Valley Pizza Karma, LLC, d/b/a Pizza Karma, for On-Sale Wine and 3.2 Percent Malt Liquor licenses. The Mayor asked for questions or comments from the Council and the audience. There were none and the hearing was declared closed at 7:05 p.m. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-80 approving issuance of 2023 On-Sale Wine and 3.2 Percent Malt Liquor licenses to Apple CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2023 Page 4 Valley Pizza Karma, LLC, d/b/a Pizza Karma, for premises located at 15265 Galaxie Avenue, Ste. 200, subject to approval of the On-Sale Wine license by the Minnesota Commissioner of Public Safety. Ayes - 5 -Nays - 0. Mr. Srinivasu Kajuluri, Mr.Naga Tirumalaraju, and Mr. Taraka Tutika, owners, were present. They thanked the City Council and invited the public to try out their restaurant. ORDINANCES AMENDING CHAPTERS 122 AND 155 Mr. Benetti gave the first reading of ordinances amending Chapters 122 and 155 of the City Code, regarding short-term rentals. The amendments were prepared by the City Attorney. Councilmember Goodwin said he believes one of the reasons this item came before us is because the City has received a number of neighborhood complaints regarding issues with short-term rentals. Discussion followed. Mr. Brian Eickhoff, 13140 Doyles Court, stated he lives next door to a non-compliant short-term rental property. He said they make bad neighbors, and having unpredictable neighbors causes anxiety. He questioned what affect the short-term rental property will have on his property value. He asked the City Council to maintain the integrity of residential neighborhoods and not allow short-term rentals. Mr. Terence Kaeder, 13121 Doyles Court, said he lives across the street from a short-term rental. He said it is a revolving door and a lot of people come and go. He is not in favor of short-term rentals. Mayor Hooppaw said the reason this is before us this evening is to clarify the current ordinance. He likes the Planning Commission's idea of studying all of the rental ordinances. He would like the ordinances to help with maintaining properties. Councilmember Melander said he is okay with rentals 30-days or longer. Discussion continued. The Council accepted the first reading. The second reading will be June 8, 2023. COMMUNICATIONS Mr. Lawell invited everyone to two events planned for Memorial Day, on May 29, 2023. First, at 9:00 a.m. an honor guard service will be held at Lebanon Cemetery of Apple Valley and second, at 11:00 a.m. there will be a memorial service at the Apple Valley American Legion, Post 1776. Mayor Hooppaw recognized all public works staff in honor of Public Works week. CITY OF APPLE VALLEY Dakota County, Minnesota May 25, 2023 Page 5 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. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Bergman, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 7:27 o'clock p.m. Respectfully Submitted, pw" Pamela J. Ga te�efi City Clerk Approved by the Apple Valley City Council on Clint Hooppaw, Mayor