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HomeMy WebLinkAbout08/24/2023 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. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2023 Page 2 Mr. Fred Airhart said they have contacted many agencies for help and a formal investigation is currently underway. He noted the police have been very helpful. He asked the Council for their help and support with this violent situation. Discussion continued. Councilmember Goodwin stated the Council is not the correct legislative body because there is little the Council can do. He said the changes need to come from the State because they have the authority to change the rules. He recommended contacting our legislators. Councilmember Melander said this is a terrible situation and the neighborhood should not have to live with it. Mr. Bob Schulte, 5978 134th Street Ct., described the safety shield staff members use when dealing with this client. He suggested the Council ask our legislators to implement a three- strikes-and-you're-out rule. Ms. Carol Luce, 5995 134th Street Ct., said she lives on the corner. She said some neighbors have videos of this client beating up other residents of the group home. In addition, this person has repeatedly tried to push people into the street on Johnny Cake Ridge Road and has, himself, run out into the road and was almost struck by a car. She said she feels it is so dangerous she can no longer walk her dog outside. Ms. Kay Schutte, 5978 134th Street Ct., said this person causes damage to other people's property. He constantly pulls plants out of the planters at the church on the corner. The neighbors described several other incidents. Councilmember Bergman said the system is flawed. The State and the County need to get their act together. Councilmember Goodwin also suggested the neighbors contact Dakota County Commissioner Mary Hamann-Roland for help. Ms. Emily Schug, Dakota County Deputy Director in Social Services, said this is a difficult and challenging situation for all involved. She wants to let everyone know that they are committed to solving this situation. She appreciates the strong partnership they have with the Apple Valley Police Department. She offered to facilitate a community meeting. The Council continued discussion. Mr. Gil Acevedo, Dakota County Deputy Director in Social Services, said this is a very serious issue and they want to be part of the solution. One of the difficulties is that group homes have a very complex licensing process. He does not want people to feel terrorized in their own community. There is a U.S. Supreme Court judgement related to this issue and Minnesota is CITY OF APPLE VALLEY Dakota County,Minnesota August 24,2023 Page 3 following the Olmstead Act. The County is willing to look deeper to see how to resolve this situation and work with the community. The Council expressed concern about a dangerous situation that is continuing to occur. They would like the situation to be resolved instead of it lingering on for months. Mayor Hooppaw suggested starting with the community meeting. Ms. Carol Luce asked the Council for help with the Police Department. She would like the Police Department to do more because it is a safety issue. Police Chief Francis described actions they can take and provided examples of what they have done. Police Department personnel are not mental health experts. They are present for safety concerns and to respond to crimes. Employees of the group home indicate they don't need help and are not willing to press charges for assault. If there is no victim of a crime, it limits what officers can do. Councilmember Grendahl suggested the group home hire full time security guards. Discussion followed. 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. Ayes- 5 -Nays -0. CONSENT AGENDA ITEMS MOTION: of Melander, seconded by Bergman, approving the minutes of the regular meeting of August 10, 2023, as written. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving changes in officers for Red Robin International, Inc., d/b/a Red Robin Gourmet Burgers& Brews in connection with the On-Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales at 15560 Cedar Avenue, naming Joshua Todd Wilson as President and Treasurer, and Sarah Anne Mussetter as Vice President and Secretary, as described in the City Clerk's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving issuance of a new 2023 License to Sell Tobacco and Tobacco Products to Apple Valley Tobacco, LLC, 15748 Emperor Avenue, as described in the City Clerk's memo. Ayes - 5 -Nays- 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2023 Page 4 MOTION: of Melander, seconded by Bergman, approving release of subdivision financial guarantees for Magellan 2nd Addition, and Orchard Place 2nd Addition, as listed in the Department Assistant's memo. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,proclaiming an extension of the community festival "Music in Kelley Park' to include September 10 and 17, 2023. Ayes- 5 - Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-111 setting a public hearing, at 7:00 p.m., on September 28, 2023,to consider vacating easements on Outlot D, Scott Highlands Third Addition. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No.2023-112 approving the final plat for Rudolph Woodland Addition(4857 Dominica Way), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, adopting Resolution No. 2023-113 approving a 10-foot side setback variance on Lot 5, Block 7, The Oaks of Apple Valley II, with conditions as recommended by the Planning Commission. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,authorizing Project 2023-172, Booster Station Rehabilitation Phase 1. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Legal Services Agreement with Taft Stettinius& Hollister, LLP; Law Office of Kevin Madonna, PLLC; SL Environmental Law Group PC; Douglas & London,P.C.; and Levin, Papantonio, Rafferty, Proctor, Buchanan, O'Brien, Barr, Mougey, P.A., for PFAS litigation, as attached to the Public Works Director's memo, and authoring the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the Sub-recipient Agreement for Fiscal Years 2023 through 2025 for Community Development Block Grant (CDBG)with Dakota County Community Development Agency (CDA), and authorizing the City Administrator to execute the necessary documents. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the License Agreement for retaining wall encroachment at 12023 Gantry Lane (Lot 12, Block 1, Briar Oaks of Apple Valley 1 st Addition), and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,approving the agreement with Carr's Tree Service, LLC, for Project 2023-148, 2023 Ash Tree Stump Grinding, in the amount of$44,446.28, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2023 Page 5 MOTION: of Melander, seconded by Bergman, approving the agreement with Hoffman& McNamara Nursery and Landscaping, for Project 2023-160, 2023 Parks Ash Tree Replanting for MN DNR grant, in the amount of$50,281.00, and authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,approving Change Order No. 1 to the agreement with TMI Coating, Inc., in the amount of an additional $15,500.00; and accepting Project 2023,132,Valleywood Reservoir Rehabilitation, as complete and authorizing final payment in the amount of$23,290.25. Ayes- 5 -Nays- 0. MOTION: of Melander, seconded by Bergman, accepting Apple Valley Municipal Center Carpet and Base, as complete and authorizing final payment on the agreement with Henricksen& Company, in the amount of$119,093.70. Ayes- 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,adopting Resolution No.2023-114, amending the 2023 pay and benefit plan. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman, approving the personnel actions as listed in the Personnel Report dated August 24, 2023. Ayes - 5 -Nays - 0. MOTION: of Melander, seconded by Bergman,to pay the claims and bills, check registers dated August 2, 2023, in the amount of$2,013,365.28, and August 9, 2023, in the amount of$2,222,373.86. Ayes - 5 -Nays - 0. END OF CONSENT AGENDA PARKS AND RECREATION REFERENDUM Mr. Carlson provided an update on the Parks and Recreation Bond Referendum and highlighted the projects proposed with each question. A public informational brochure will be mailed to all Apple Valley homes in September. To help the public learn about what is being proposed, staff are hosting a series of public informational open houses. He encouraged the public to attend a meeting or contact him with any questions. Councilmember Goodwin said he is happy the information clearly shows the residents what it is going to cost. Mayor Hooppaw thanked staff and the Parks and Recreation Advisory Committee for all their work. COMMUNICATIONS Mr. Lawell congratulated Councilmember Bergman on his appointment as the At-Large Representative to the Metropolitan Council's Noise Oversight Committee. CITY OF APPLE VALLEY Dakota County, Minnesota August 24, 2023 Page 6 Police Chief Francis announced that due to the dangerously hot weather,the Police and Fire Departments postponed its first annual Public Safety in the Park event to September 13, 2023, from 6:00 p.m. - 8:00 p.m. at Johnny Cake Ridge Park. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Goodwin, 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 Bergman,to adjourn. Ayes - 5 -Nays - 0. The meeting was adjourned at 8:01 o'clock p.m. Respectfully Submitted, a" 6ad�j Pamela J. G c ste r, City Clerk Approved by the Apple Valley City Council Z- on GI 14 I23 Clint Hooppaw, Mayor