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HomeMy WebLinkAbout07/27/2023 CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Minutes of the regular meeting of the City Council of Apple Valley,Dakota County, Minnesota, held July 27, 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 Wisdorf, Community Development Director Benetti, Parks and Recreation Director Carlson, Deputy Police Chief Dahlstrom,Police Chief Francis, Human Resources Manager Haas, Finance Director Hedberg, Fire Chief Nelson,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. 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 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 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 July 13, 2023, as written. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-100 accepting, with thanks,the donation of a memorial tree from the Philips family for use by Parks and Recreation Department. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Page 2 MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-101 supporting a funding application for a PSIF Grant for Project 2024-111, Whitney Pond(KL-P2.1) Storm Water Improvements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the reduction of financial guarantee for Orchard Place Mixed Use Private Installation from $3,359,428.75 to $1,378,616,25, Orchard Place 2nd Addition from $80,000.00 to $42,786.00, and the release of financial guarantees for Apple Valley Square 6th Addition, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-102 directing preparation of the feasibility study for Project 2024-108, City Hall Parking Lot& Stormwater Improvements. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the memorandum of understanding between the Apple Valley Police Department and Rasmussen College, LLC, for police recruitment, and authorizing the Chief of Police to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, adopting Resolution No. 2023-103 approving the final plat, Development Agreement, and Stormwater Agreement for The Woodwinds 8th Addition, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for City of Apple Valley Residential Fall Clean-Up Day (Appliance, Scrap Metal, and Mattress Collection) with Certified Recycling, LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for City of Apple Valley Residential Fall Clean-Up Day (Furniture and Remodeling Debris Collection)with Lightning Disposal, Inc., and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for Private Installation of Private Infrastructure for Project 2023-163, Eagle Pointe 2nd Addition Street and Utility Improvements, with Eagle Pointe,LLC, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for Project 2023- 102, with Krueger Excavating,Inc., in the amount of$108,011.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving the Agreement for Project 2022- 150, South Shelter Columbarium,with Met-Con Construction, Inc., in the amount CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Page 3 of$127,200.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 7 for Apple Valley Station#2 and Improvements to#1 & #3, with various contractors for a total amount of$2,994.09. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 1 to the agreement with Jirik Sod Farms,with a deduction of$6,180.00; and accepting Project 2023-118, 2023 Sod Replacement Services, as complete and authorizing final payment in the amount of$19,020.00. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 1 to the agreement with Valley-Rich Co.,Inc., in the amount of an additional $6,545.70; and accepting Project 2021-138, Eagan and Apple Valley Sewer Monitoring- Civil, as complete and authorizing final payment in the amount of$36,045.70. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin, approving Change Order No. 1 to the agreement with Intereum, Inc.,with a deduction of$398.04; and accepting AVPD Training Room Furniture as complete and authorizing final payment in the amount of$30,393.55. Ayes - 5 -Nays- 0. MOTION: of Melander, seconded by Goodwin, approving the personnel actions as listed in the Personnel Report dated July 27, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Goodwin,to pay the claims and bills, check register dated July 5, 2023, in the amount of$990,687.60, and July 12, 2023, in the amount of$802,772.00. Ayes- 5 -Nays- 0. END OF CONSENT AGENDA INTRODUCTION OF NEW POLICE SERGEANTS Police Chief Francis introduced newly promoted Police Sergeants Gregg Neumann and Cory Christianson to the Council. The City Clerk administered the oaths of office to the Sergeants. Individuals selected by the Sergeants then pinned their badges. The Council congratulated Sergeants Neumann and Christianson on their new positions. PARKS BOND REFERENDUM Mr. Carlson introduced this item and provided background information on a potential special election for a$66,750,000 bond referendum to improve parks, trails, and recreational facilities and a$6,500,000 bond referendum to replace Redwood Pool. He reviewed the parks bond referendum process, which began in 2018. He recapped the various opportunities provided for CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Page 4 public feedback and then summarized potential options for parks improvements. He also highlighted data from the statistically accurate community surveys from March and June, and explained the tax impact for both questions. Councilmember Goodwin pointed out the original amount for the bond referendum several years ago was $138,000,000. Everyone worked very hard to cut a good share of that out even though they were good projects. He believes the proposed amount of money is reasonable to keep the City's parks updated. Mayor Hooppaw clarified that tonight the Council is only making a decision on the two questions. He said there is a ton of detail that still needs to be worked out, but that is not the purpose of tonight's meeting. Ms. Kelly Kausel, 14414 Everest Avenue, said she is very much in favor of the bond referendum. She emphasized the importance of considering all people, including those with disabilities, when designing the facilities,parks, and year-around family bathrooms. Ms. Cynthia Ford, 15954 Garden View Drive, said her specialty is representing children and children with special needs. She noted the number residents with special needs is going up. She said, with the bond referendum improvements, it is very important to make the parks inclusive for kids with special needs. Mr. David Ford, 15954 Garden View Drive, said he supports parks, pools, and family bathrooms for people with special needs. Mr. Jason Hill, President of the Valley Athletic Association, said they support the referendum and improving the facilities, which will help to keep Apple Valley kids here. He looks forward to continuing the good relationship with the City. Ms. DeAnna Larson, 124 Garden View Drive, said she is representing the Save Redwood Pool group. She said people in her group have mixed feelings about the proposed questions on the bond referendum. They are excited that Apple Valley residents get to vote on the issue. The group feels Redwood Pool is a valuable asset to the community. Mr. Chad Krawiec, from Eastview Hockey Association Board,thanked the Council for the proposed improvements to Hayes arena. Mr. Charles Hall, 469 Reflection Road, said he is strongly in favor of saving Redwood Pool and believes it is a vital asset to the City. Discussion followed. MOTION: of Bergman, seconded by Melander, adopting Resolution No. 2023-104 calling for a Special Election on November 7, 2023, for the issuance of$66,750,000 General Obligation Bonds for parks and recreation facilities and issuance of CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Page 5 $6,500,000 General Obligation Bonds for municipal pool facilities, and establishing polling places. Ayes - 5 -Nays- 0. MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2023-105 approving the form of the ballot questions to be submitted to the electors at the Special Election on November 7,2023. Ayes - 5 -Nays - 0. HIGHER GROUND DAYCARE Mr. Sharpe reviewed the request by NVS Properties 32,LLC, the applicant, on behalf of Kilber Investments, LLC,the property owner, for a conditional use permit for a daycare and a site plan building permit authorization for a 755 sq. ft. addition to the building at 14605 Glazier Avenue. The Planning Commission held a public hearing on June 7, 2023, and voted unanimously to recommend approval of the project on June 21, 2023. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2023-106 approving a Conditional Use Permit for Higher Ground Daycare on Lot 1, Block 1, Biewald Second Addition, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays- 0. MOTION: of Grendahl, seconded by Melander, adopting Resolution No. 2023-107 approving the site plan and authorizing issuance of a building permit for a 755 sq. ft. addition on Lot 1, Block 1, Biewald Second Addition, with conditions as recommended by the Planning Commission. Ayes- 5 -Nays - 0. CANNABIS RESTRICTIONS STUDY 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 cultivation, manufacturing, retail sales, possession, and use of certain cannabis products. He reviewed the regulatory structure, noting that the State will be responsible for licensing retail businesses. However, 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 within 1,000 feet of a school and 500 feet of a daycare. Cities may also limit the number of cannabis businesses to one per 12,500 population. In order to have adequate time to study land use impacts and make the changes necessary in zoning and land use ordinances, Council directed staff and the City Attorney to prepare an ordinance. The proposed interim use ordinance protects the planning process and the health, safety, and welfare of Apple Valley citizens. This interim ordinance can be in effect up to January 1, 2025. Discussion followed. Councilmember Goodwin asked who decides who gets a license. Mr. Lawell responded that the State will decide. CITY OF APPLE VALLEY Dakota County, Minnesota July 27,2023 Page 6 Discussion continued. Mayor Hooppaw called the public hearing to order, at 8:02 p.m.,to consider an ordinance amending Chapter 157 of the City Code by Adding Section 157.02 Entitled"Interim Use: Cannabis Restrictions Study", which would prohibit the operation of cannabis business during the period of a study. The Mayor asked for questions or comments from the Council and the public. Ms. Tammy Johnson, 913 Minjon Drive, said she moved to Minnesota because marijuana was illegal in this state. She said drugs bring trouble and trash and it ruins lives. Kids should not have to go past a dispensary on their way to school. She does not want to make it easier for citizens to do the wrong thing. She asked the City Council to protect the City of Apple Valley and keep the dispensaries as far away as possible. Mayor Hooppaw said this bill does not have all the pieces they hoped it would have but it is a significant improvement to what it was early on. The City Administrator and he went to the capitol to request legislators make improvements. This group did all it possibly could to improve the bill. The City is limited in what it can do at this point. He recommended folks contact their local legislators to voice concerns with the law. Ms. Cynthia Ford, 15954 Garden View Drive, said this is a very slippery slope. It should not be allowed in parks, and she does not want it around kids. Ms. Candace Hanson, 913 Minjon Drive, said she works with teenagers and has seen them come to work high. She believes cannabis should only be allowed for medical purposes. The Council continued discussion. Ms. Kelly Kausel, 14414 Everest Avenue, said she works in a high school kitchen. She sees a lot of things and wonders if it will require mandated reporting. She also questions how it will be enforced by the police. Mayor Hooppaw said, unfortunately,the City does not have answers to many of these questions. The Mayor asked if there were any questions or comments from the Council and the public. There were none and the hearing was declared closed at 8:14 p.m. MOTION: of Grendahl, seconded by Goodwin, adopting Resolution No.2023-108 authorizing a study of restrictions on the operation of cannabis businesses. Ayes - 5 -Nays - 0. MOTION: of Bergman, seconded by Grendahl,waiving the procedure for a second reading and passing Ordinance No. 1124 amending Chapter 157 of the City Code by adding Section 157.02 entitled"interim Use: Cannabis Restrictions Study". Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Page 7 ORDINANCE AMENDING CANNABIS USE ON PUBLIC PROPERTY Mr. Lawell then provided background on the role of cities relative to cannabis use. Beginning August 1, 2023,the law allows individuals 21 and older to possess and use certain amounts of cannabis and cannabis products. Also beginning August 1, 2023, cities may adopt an ordinance regulating cannabis use within public property and public spaces and establish a petty misdemeanor offense for unlawful use. On July 13, 2023,the Council directed staff and the City Attorney to prepare an ordinance regarding use. He reviewed key provisions of the ordinance. MOTION: of Grendahl, seconded by Bergman, waiving the procedure for a second reading and passing Ordinance No. 1125 amending Chapter 1130 of the City Code regulating cannabis use within public property and public places. Discussion followed. Councilmember Grendahl asked if the zoo is considered a public place. Mr. Wisdorf responded that the zoo is a public place under the definition in the ordinance, so it would not be allowed. Vote was taken on the motion. Ayes - 5 -Nays - 0. Mayor Hooppaw noted the Minnesota Clear Indoor Air Act applies to cannabis. COMMUNICATIONS Police Chief Francis reminded everyone that Night to Unite is August 1, 2023. There are 114 parties already registered. He also noted that Public Safety in the Park will be August 23, 2023, at Johnny Cake Ridge Park West from 6:00 to 8:00 p.m. CALENDAR OF UPCOMING EVENTS MOTION: of Goodwin, seconded by Grendahl, approving the calendar of upcoming events as included in the 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, LABOR NEGOTIATIONS Mayor Hooppaw requested a motion to close the meeting under the exceptions to the open meeting law to discuss labor negotiations. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2023 Page 8 MOTION: of Bergman, seconded by Goodwin, to enter into a closed meeting and convene in closed session to discuss AFSCME and LELS union labor negotiations. Ayes - 5 -Nays - 0. The Council convened in the Regent Conference Room at 8:35 p.m. In attendance were Mayor Hooppaw; Councilmembers Bergman, Goodwin, Grendahl, and Melander; City Administrator Lawell; City Clerk Gackstetter; Human Resources Manager Haas; Parks and Recreation Director Carlson; Police Chief Francis; Finance Director Hedberg; Public Works Director Saam; and Police Lieutenant Spillers. The meeting was tape recorded as required by law. The Council reconvened in open session at 9:08 p.m. MOTION: of Grendahl, seconded Melander, to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 9:09 o'clock p.m. Respectfully Submitted, NT�A� 6&&&WZu Pamela J. Ga tet , City Clerk Approved by the Apple Valley City Council aO t4 on 8/10/23 Clint Hooppaw, Mayor CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2023 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held August 24, 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 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 Nelson, and Police Lieutenant Spillers. 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 Goodwin, 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. Mr. Joel Kiekbush, from Warrior 196 Leadership Foundation, invited the public to register for a memorial 5K on September 9, 2023, at 9:00 a.m., at Eagan High School campus, honoring the lives, service, and sacrifice of fallen military from the Cities of Apple Valley, Eagan, and Rosemount. The money raised supports scholarships at four ISD 196 high schools. Mr. Adam Airhart-Swanson, 5991 134th Street Ct., said he and his neighbors were present as concerned residents regarding safety issues as a result of violent acts by a client residing in a group home located at 5971 134th Street Ct. He stated it has resulted in numerous 911 calls and police reports. Many feel it is unsafe for themselves and their children to be outdoors. He described several violent incidents caused by this client. He noted the Minnesota Department of Human Services has opened an investigation into this case. He acknowledged that it is a very complex issue and asked for the Council's help in resolving it. Discussion followed. Mayor Hooppaw thanked Mr. Airhart-Swanson for contacting the State,because the Council is limited in what it can do to regulate these licenses.