HomeMy WebLinkAbout07/13/2023 CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held July 13, 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, ,
Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom, Police Chief 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 Grendahl, seconded by Bergman,removing item 4.Y-Approve Acceptance
and Final Payment on Agreement with Intereum, Inc., for AVPD Training Room
Furniture, from the consent agenda, and approving the agenda for tonight's
meeting, as amended. 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.
Deanna Larson, 124 Garden View Drive, commented on Redwood Pool. She stated she has
worked very hard the last three to four weeks to get over 1,000 signatures from the public in
favor of saving Redwood Pool. She said many of the people she spoke to were shocked to hear
Redwood Pool was in danger of being removed. She said it serves a diverse population and is
affordable. She loves Redwood Pool and believes it is worth saving.
Mary Reddell Ruiz, 204 Linden Circle, commented on Redwood Pool. She said it is very
important for kids to learn to swim and removing the pool would make it harder for them to get
swimming lessons. She noted Redwood Pool is safe and affordable for kids to practice their
swimming skills. She supports the all-inclusive playground at another location, possibly
Alimagnet Park. She believes with the right marketing Redwood Pool could be a great source of
revenue for the City. She encouraged everyone to work together to find a solution to keep this
wonderful pool.
Mayor Hooppaw clarified that there has been no decision to remove Redwood Pool, only ideas
on what may go into a future bond referendum.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Page 2
Jayme Leanon, 109 Crystal View Circle,Burnsville, commented on Redwood Pool. She pointed
out people from many neighboring cities also go to Redwood Pool. She said it is an asset and
would like to work together to find a path to keep it.
Tracy McCrory, 125 Garden View Drive, commented on Redwood Pool. She hopes the Council
will keep Redwood Pool on the ballot for consideration. She also reviewed the history of
Redwood Pool. She said people consider this pool a destination and drive from many
communities to enjoy it. She believes with creativity it would be possible to find funding to keep
the pool or restore it to its former glory. With a little planning and strong marketing, she thinks
Redwood Pool has the potential to drive revenue for the City.
Kaitlin McCrory, 125 Garden View Drive, commented on Redwood Pool. She asked the
Council to keep the pool because it is where she has her birthday parties.
Kelly Kausel, 14414 Everest Avenue, commented on Redwood Pool. She supports the Redwood
Pool and potential upgrades. For inclusiveness and diversity, she supports keeping the pool. She
would like the City to gather additional information about who is using the aquatic center and
Redwood Pool. She would like more time for public input and engagement. She would also like
the City to install family bathrooms with adult changing stations that can be used year around.
Councilmember Grendahl said this has been a very inclusive process going on for years. Apple
Valley is the only city that has two pools. She noted a lot of facts came out from the survey and
Council will have some difficult decisions to make.
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, moving items 4.I - Direct Staff and City
Attorney's Office to Prepare an Ordinance to Enact a Moratorium for the Study of
Cannabis Sales and Set a Public Hearing for Consideration of the Ordinance on
July 27, 2023, and 4.J-Direct Staff and City Attorney's Office to Prepare an
Ordinance Regulating Cannabis Use within Public Property and Public Places, to
the regular agenda, and approving all remaining items on the consent agenda.
Ayes - 5 -Nays - 0.
CONSENT AGENDA ITEMS
MOTION: of Melander, seconded by Grendahl, approving the minutes of the regular meeting
of June 8, 2023, as written. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, approving issuance of a lawful gambling
exempt permit, by the State Gambling Control Board,to Apple Valley Ducks
Unlimited, Chapter 185, for use on October 7, 2023, at Bogart's Entertainment
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Page 3
Center, 14917 Garrett Avenue, and waiving any waiting period for State approval.
Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-95 setting a
public hearing, at 7:00 p.m., on August 10, 2023, on the application for On-Sale
Wine and 3.2 Percent Malt Liquor Licenses by Ichiddo Ramen Apple Valley,
LLC, d/b/a Ichiddo Ramen. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-96 setting a
public hearing, at 7:00 p.m., on August 10, 2023, on the application for On-Sale
Wine and 3.2 Percent Malt Liquor Licenses by Lund Food Holdings, Inc., d/b/a
Lunds& Byerlys. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-97 setting a
public hearing, at 7:00 p.m., on August 10, 2023, on the application for On-Sale
3.2 Percent Malt Liquor Licenses by Super World Buffet, LLC, d/b/a Super
World Buffet. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl,receiving the 2022 Annual Comprehensive
Financial Report. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, approving the reduction of financial
guarantees for LB at Orchard Place from $646,100.00 to $129,220.00, as listed in
the Department Assistant's memo. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, approving the release of Natural Resources
Management Permit financial guarantees for Eagle Pointe Development, as listed
in the Natural Resources Technician's memo. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-98 setting a
public hearing, at 7:00 p.m., on August 10, 2023,to consider vacating easements
on Outlot A, Eagle Pointe Apple Valley. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, adopting Resolution No. 2023-99 approving
a 2 ft. variance to reduce the east side yard setback from 5 ft. to 3 ft. for two
window wells on Lot 19, Block 3, Bob's Garden View 3rd Addition(181 150th
Street W.), with conditions as recommended by the Planning Commission. Ayes
- 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl,waiving the procedure for a second reading
and passing Ordinance No. 1123 amending Chapter 154, Sign Regulations,
regulating Temporary Signs. Ayes - 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Page 4
MOTION: of Melander, seconded by Grendahl, authorizing Project 2023-159, PFAS
Mitigation and Related Engineering Services, as described in the Public Works
Superintendent-Utilities' memo. Ayes- 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, approving the Joint Powers Agreement with
Dakota County and certain Cities and School Districts in Dakota County, for a
Pilot Project for the Provision of Absentee Voting Services, 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 Melander, seconded by Grendahl, approving the First Amendment to the Joint
Powers Agreement for Irrigation System Audit and Improvement Program with
Vermillion River Watershed Joint Powers Organization, as attached to the Natural
Resources Coordinator's memo, and authorizing the Mayor and City Clerk to sign
the same. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, authorizing an emergency repair with Keys
Well Drilling Company, for repairs on Well 19, in an amount of$106,475.00,
plus shipping. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl,approving the Agreement for Apple Valley
Farmington and Rosemount Cable Commission Control Room/Chamber PTZ
Upgrades with Advanced Systems Integration, LLC, in the amount of$84,207.59,
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 Fire Station
One Flammable Waste Tank Replacement with Drain Pro Plumbing, Inc., in the
amount of$15,000.00,plus permit costs, 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-
161, Hannover Storm Water Lift Station Pump Replacement, with Iowa Pump
Works, Inc., in the amount of$71,827.23, 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 2021-
180, Sanitary Lift Station 7 Control Panel Upgrade,with Premier Electric Corp.,
in the amount of$165,900.00, 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-
129, 2023 Sump Catch Basin Cleaning- County and Collector Roads, with Sewer
Septic Grease Services, LLC, in the amount of$55,890.00, and authorizing the
Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Page 5
MOTION: of Melander, seconded by Grendahl, approving Change Order No. 6 for Apple
Valley Station#2 and Improvements to#1 & #3, with various contractors for a
total amount of$64,158.52. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, accepting Professional Services related to
Parks Master Planning, as complete and authorizing final payment on the
agreement with Confluence, Inc., in the amount of$1,921.50. Ayes - 5 -Nays -
0.
MOTION: of Melander, seconded by Grendahl, accepting Professional Services related to
two statistically accurate community surveys, as complete and authorizing final
payment on the agreement with Morris Leatherman Company, in the amount of
$15,000.00. Ayes - 5 -Nays- 0.
MOTION: of Melander, seconded by Grendahl, accepting FS2-Remodel Camera and Reader
- Phase 1, as complete and authorizing final payment on the agreement with Pro-
Tec Design, Inc, in the amount of$2,000.00. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, accepting Project 2023-111, 2023 Ash Tree
Replacements, as complete and authorizing final payment on the agreement with
North Metro Companies, LLC, in the amount of$25,620.00. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl, approving the personnel actions as listed in
the Personnel Report dated July 13, 2023. Ayes - 5 -Nays - 0.
MOTION: of Melander, seconded by Grendahl,to pay the claims and bills, check registers
dated May 31, 2023, in the amount of$734,262.63; June 7, 2023, in the amount
of$1,108,100.13, June 14, 2023, in the amount of$1,853,638.00, June 22,2023,
in the amount of$1,073,884.20, and June 28, 2023, in the amount of$922,043.18.
Ayes- 5 -Nays - 0.
END OF CONSENT AGENDA
INTRODUCTION OF NEW POLICE OFFICERS
Police Chief Francis introduced newly hired Police Officers Amanda St. George and Tyler
Grieves to the Council. The City Clerk administered the oaths of office to the Officers.
Individuals selected by the officers then pinned their badges. The Council congratulated Officers
St. George and Grieves and welcomed them to their new positions.
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Mr. Hedberg introduced Mr. Joel Merry, Minnesota Government Finance Officers Association
representative.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Page 6
Mr. Merry presented the City with a Certificate of Achievement for Excellence in Financial
Reporting for its comprehensive annual financial report for the fiscal year ending December 31,
2021, and an Award for Outstanding Achievement in Popular Annual Financial Reporting. He
stated this is the highest form of recognition in the areas of governmental accounting and
financial reporting. This is a significant accomplishment by the City and its management. This
is Apple Valley's 11th consecutive year receiving this award.
The City Council commended Mr. Hedberg and the Finance Department for achieving this
prestigious award.
CANNABIS ORDINANCES
Mr. Lawell introduced this item and provided background information. The State approved the
legalization of adult use cannabis during the 2023 legislative session. It legalizes the possession,
use, manufacturing, and sale of certain cannabis products. He reviewed the implementation
process. Even though retail sales for adult use cannabis likely won't begin until the first quarter
of 2025,the possession, use, and home cultivation of cannabis will be legal beginning August 1,
2023. He explained the role of cities in regard to retail sales. Although the State issues the
licenses, cities are allowed to adopt reasonable restrictions on the time,place, and manner of the
operations of a cannabis business and may prohibit operations of a cannabis business near certain
facilities. In order to have adequate time to study land use impacts and make the changes
necessary in zoning and land use ordinances, staff suggests enacting a moratorium for the study
of cannabis sales. This interim ordinance can be in effect up to January 1, 2025, and requires a
public hearing.
Mr. Lawell then provided background on the role of cities relative to cannabis use. Cities may
adopt an ordinance regulating cannabis use within public property and public spaces and
establish a petty misdemeanor offense for unlawful use. The ordinance regarding unlawful use
can only apply to offenses committed after August 1, 2023.
Councilmember Goodwin said he is glad the City Administrator and legal staff can guide us. He
does not like this new law and is concerned about the burden it will cause the Police Department.
There are several other parts of this law that bother him as well.
Mr. Brock Dombrovski, 7141 France Avenue, Edina, said he has 17 dispensaries in Michigan
and 5 grow facilities. He said he operates a very safe and high-quality business. He offered
consulting services and said he would be happy to answer any questions that help the City
understand how it works.
Discussion followed.
MOTION: of Goodwin, seconded by Bergman, directing staff and City Attorney's Office to
prepare an ordinance to enact a moratorium for the study of cannabis sales and set
a public hearing for City Council consideration of the ordinance on July 27, 2023,
as described in the City Administrator's memo. Ayes - 5 -Nays- 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
July 13, 2023
Page 7
MOTION: of Goodwin, seconded by Grendahl, directing staff and City Attorney's Office to
prepare an ordinance regulating cannabis use within public property and public
places, as described in the City Administrator's memo. Ayes - 5 - Nays - 0.
Mayor Hooppaw thanked Tom Lawell for his efforts to improve the cannabis legislation.
Discussion continued.
STAFF ITEMS
Police Chief Francis said there is still time to register for Night to Unite, which is August 1,
2023. Anyone interested should complete an on-line registration. Approximately 86 parties are
already registered. This year's event will again include a school supply drive and a chalk art
contest.
Councilmember Grendahl noted the Fourth of July celebration was wonderful.
CALENDAR OF UPCOMING EVENTS
MOTION: of Grendahl, seconded by Bergman, 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 7:53 o'clock p.m.
Respectfully Submitted,
P aczo /cJ
Pamela J. G st r, City Clerk JA
Approved by the Apple Valley City Council
on 7/27/23 Clint Hooppaw, Mayor