HomeMy WebLinkAbout11/21/2023 CITY OF APPLE VALLEY
Dakota County, Minnesota
November 21, 2023
Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota,
held November 21, 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, City
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 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 led by Scouts Annika Barrette,Andrew Burke, Gunnar Kvenild, Matthew Hempler,
Blake Horazuk, Rory Netzer, Blake Wilkins, Karmen Wilkins, and Keira Wilkins from Pack
227.
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 November 9, 2023, as written. Ayes -4 -Nays - 0 -Abstain- 1 (Grendahl).
MOTION: of Goodwin, seconded by Bergman, approving the minutes of the special meeting
of November 14, 2023, as written. Ayes -4 -Nays - 0 -Abstain- 1 (Bergman).
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 21, 2023
Page 2
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-143
accepting, with thanks, the donation of$158.89 from the Yes4AVParks
organization for the use by Parks and Recreation Department. Ayes - 5 -Nays -
0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-144
appointing Rolland Greeno, Commissioner, and Greg Helms, Alternate
Commissioner, to Black Dog Watershed Management Organization. Ayes - 5 -
Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the 2024 rates for City Attorney
services, as attached to the Assistant City Administrator's memo. Ayes - 5 -Nays
- 0.
MOTION: of Goodwin, seconded by Bergman, approving the 2024 fees for Community
Center, Senior Center, Athletic Field Rentals, Johnny Cake Activity Center, Park
Facilities and Equipment,Redwood Pool and Apple Valley Family Aquatic
Center, Sports Arena and Hayes Park Arena, and Valleywood Golf Course, and
granting the Parks and Recreation Director or designee the latitude to adjust the
fees for special promotions, as described in the Parks and Recreation Director's
memo. Ayes- 5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving release of Natural Resources
Management Permit financial guarantees for Bodega 42 Fresh Market, as listed in
the Natural Resources Technician's memo. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No.2023-145
establishing precinct boundaries and Polling Places for 2024 elections. Ayes- 5 -
Nays - 0.
MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2023-146 directing
the City Engineer to prepare plans and specifications for Project 2024-105, 2024
Street Improvements. Ayes - 5 -Nays - 0.
MOTION: of Goodwin seconded by Bergman, adopting Resolution No. 2023-147 approving
plans and specifications for Project 2021-154, CMF Improvement&Expansion,
and Project 2021-172, Police Garage; and authorizing advertising for receipt of
bids, at 1:00 p.m., on December 19, 2023, via a posting on the City's website and
Quest Construction Data Network. Ayes- 5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Agreement for Fire Station 2
SCBA Decon Washer with Cole Papers, Inc., in the amount of$32,80.00, and
authorizing the Mayor and City Clerk to sign the same. Ayes- 5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving the Amendment to the
Professional Services Agreement for Architectural Services on Project 2021-154,
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 21,2023
Page 3
CMF Improvement and Expansion; Project 2021-171, JCRPE Maintenance
Facility; and Project 2021-172, Police Garage, with Oertel Architects, in the
amount of$146,574.00, 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 Fire Station 3
Apparatus Bay Heat Replacement with Gemini 26, Inc., d/b/a Bauernfeind
Goedtel, in the amount of$18,850.00, and authorizing the Mayor and City Clerk
to sign the same. Ayes - 5 -Nays- 0.
MOTION: of Goodwin, seconded by Bergman, approving date of substantial completion of
Fire Station 1 turnout gear room and apparatus bay on agreements with various
contractors for Apple Valley Fire Station#2 and Improvements to#1 & #3 for
June 5, 2023, and authorizing the Mayor and City Clerk to sign the same. Ayes -
5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving date of substantial completion of
Fire Station 1 Infrared, Fitness, and RTU on agreements with various contractors
for Apple Valley Fire Station#2 and Improvements to #1  for July 28, 2023,
and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 -Nays- 0.
MOTION: of Goodwin, seconded by Bergman, approving date of substantial completion of
Fire Station 3 on agreements with various contractors for Apple Valley Fire
Station#2 and Improvements to#1 & #3 for October 9, 2023, 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. 3 to the
agreement with Leibold Irrigation, Inc., for Project 2022-124, Valleywood Golf
Course Improvements, and Irrigation System, with a deduction of$67.00. Ayes-
5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, approving Change Order No. 1 to the
agreement with Carr's Tree Service, Inc., in the amount of an additional $274.36;
and accepting Project 2023-148, 2023 Ash Tree Stump Grinding, as complete and
authorizing final payment in the amount of$44,720.64. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, accepting Project 2023-102, 2023 Utility
Improvements, as complete and authorizing final payment on the agreement with
Krueger Excavating, Inc., in the amount of$11,122.83. Ayes- 5 -Nays- 0.
MOTION: of Goodwin, seconded by Bergman, accepting Project 2023-106, Greenleaf
Townhouse 2nd Sanitary Sewer Improvements, as complete and authorizing final
payment on the agreement with Musson Bros, Inc., in the amount of$2,340.90.
Ayes- 5 -Nays - 0.
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 21, 2023
Page 4
MOTION: of Goodwin, seconded by Bergman, approving the City Administrator's
Performance Evaluation Summary, as described in the City Administrator's
memo. Ayes - 5 -Nays- 0.
MOTION: of Goodwin seconded by Bergman, approving the personnel actions as listed in
the Personnel Report dated November 21, 2023. Ayes - 5 -Nays - 0.
MOTION: of Goodwin seconded by Bergman, approving the claims and bills check registers
dated,November 1, 2023, in the amount of$1,253,730.11, and November 8,
2023, in the amount of$2,735,713.63. Ayes - 5 -Nays - 0.
END OF CONSENT AGENDA
2024 ON-SALE LIQUOR AND WINE LICENSE RENEWALS
Ms. Gackstetter reviewed her memo regarding renewal applications for On-Sale Intoxicating
Liquor, Concessionaire On-Sale Intoxicating Liquor, Special License for Sunday Liquor Sales,
Wine, and 3.2 Percent Malt Liquor licenses for 2024. She noted receipt of the affidavit of
publication of the hearing notice and stated no comments have been received. Ms. Gackstetter
stated that although the On-Sale 3.2 Percent Malt Liquor renewal licenses are included in the
public hearing this evening, action on all 3.2 Percent Malt Liquor licenses will take place at a
later date.
Mayor Hooppaw called the public hearing to order at 7:05 p.m. to consider renewal applications
for On-Sale Intoxicating Liquor, Concessionaire On-Sale Intoxicating Liquor, Special License
for Sunday Liquor Sales, Wine, and 3.2 Percent Malt Liquor licenses for the year 2024. The
Mayor asked for questions or comments from the Council and the audience. There were none
and the hearing was declared closed at 7:06 p.m.
MOTION: of Grendahl, seconded by Melander, approving renewal, for 2024, of On-Sale
Intoxicating Liquor, Concessionaire On-Sale Intoxicating Liquor, Special License
for Sunday Liquor Sales, and On-Sale Wine licenses, subject to receipt of the
necessary fees and documents, by adopting Resolutions No. 2023-148 for A. V.
Bodega 42, Inc., d/b/a Homshuk Mexican Kitchen and Bar; No-2023-149 for
Apple Minnesota, LLC, d/b/a Applebee's Neighborhood Grill& Bar; No. 2023-
150 for Apple Valley Grill, LLC, d/b/a Wild Bill's Sports Saloon; No. 2023-151
for AV Hospitality SBC d/b/a Patriots Restaurant&Bar; No. 2023-152 for AVC,
LLC, d/b/a Cowboy Jacks; No. 2023-153 for Blazin Wings, Inc., d/b/a Buffalo
Wild Wings; No. 2023-154 for CCH, LLC, d/b/a Celts Craft House; No.2023-
155 for CMPANINO, LLC, d/b/a Panino Brothers; No. 2023-156 for DDJ
Crooked Pint Apple Valley, Inc., d/b/a Crooked Pint Ale House; No. 2023-157 for
E 1 Azteca Apple, Inc., d/b/a El Azteca Mexican Restaurant; No.2023-158 for
Farmer AV, LLC, d/b/a Farmer and the Fishmonger; No. 2023-159 for LoKo
Bowling, Inc., d/b/a Bogart's Entertainment Center; No. 2023-160 for LSP
Ventures, Inc., d/b/a Rascals Apple Valley Bar& Grill; No. 2023-161 for M, S &
R, III, LLC, d/b/a Masu Sushi and Noodle; No. 2023-162 for Misfit AV, LLC,
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 21, 2023
Page 5
d/b/a Pizzeria Social; No. 2023-163 for Newt's 46, Inc.; No.2023-164 for Osaka
AV, Inc., d/b/a Osaka Seafood Steakhouse; No. 2023-165 for QRA Enterprise,
LLC, d/b/a X-Golf Apple Valley; No. 2023-166 for Red Robin International, Inc.,
d/b/a Red Robin Gourmet Burgers &Brews; No. 2023-167 for Tavern Apple
Valley, LLC, d/b/a The Tavern Grill Restaurant+Bar; No. 2023-168 for Texas
Roadhouse Holdings, LLC, d/b/a Texas Roadhouse; No. 2023-169 for SSA
Group, LLC;No. 2023-170 for Apple Valley Pizza Karma, LLC, d/b/a Pizza
Karma; No. 2023-171 for Civitali Restaurant Corporation d/b/a Punch Neapolitan
Pizza; No. 2023-172 for D &D of Minnesota, Inc., d/b/a Famous Dave's BBQ
Shack; No. 2023-173 for Ichiddo Ramen Apple Valley, LLC, d/b/a Ichiddo
Ramen; No. 2023-174 for Lund Food Holdings, Inc., d/b/a Lunds & Byerlys; and
No. 2023-175 for Ooka Bistro, Inc., d/b/a Ooka. Ayes - 5 -Nays - 0.
EAGLE POINTE APPLE VALLEY 2ND ADDITION
Ms. Bodmer reviewed the request by Eagle Pointe, LLC, for approval of a vacation of drainage
and utility easements, final plat, and development agreement. The public hearing for the
vacation was held on August 10, 2023, and no comments were received. The plat shows the
subdivision of a 10.3-acre Outlot A, Eagle Pointe Apple Valley parcel generally located on the
northwest corner of Garden View Drive and 140th Street W. The final plat shows a total of 31
lots consisting of one common ownership lot, 11 detached villa lots, and 19 attached townhome
lots.
Councilmember Bergman thanked the residents, staff, developer, and all involved. He believes it
will be a phenomenal project.
MOTION: of Grendahl, seconded by Bergman, adopting Resolution No. 2023-176
completing vacation of all drainage and utility easements on Outlot A, Eagle
Pointe, Apple Valley, and authorizing the City Clerk to record the necessary
documents. Ayes - 5 -Nays - 0.
MOTION: of Goodwin, seconded by Bergman, adopting Resolution No. 2023-177
approving the final plat and development agreement for Eagle Pointe Apple
Valley 2nd Addition, and authorizing the Mayor and City Clerk to sign the same.
Ayes- 5 -Nays - 0.
COMMUNICATIONS
Mayor Hooppaw said he participated as a member of a panel on Climate-Friendly Buildings for a
Healthy, Just& Sustainable Future at the National League of Cities (NLC) conference. The
NLC chose Apple Valley because of its energy-efficiency improvements on City facilities.
Councilmember Grendahl said she was appointed Chair of the NLC's Energy,Environment and
Natural Resources(EENR) Committee. She said Apple Valley is recognized nationally as a
leader in sustainability.
CITY OF APPLE VALLEY
Dakota County, Minnesota
November 21,2023
Page 6
Mayor Hooppaw thanked the choirs and band for the good music at the tree lighting festivities
held just prior to tonight's Council meeting.
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.
CLOSE MEETING-ATTORNEY-CLIENT PRIVILEGE
Mayor Hooppaw requested a motion to close the meeting under the attorney-client exception to the
open meeting law to discuss pending PFAS litigation.
MOTION: of Melander, seconded by Grendahl,to close the regular meeting and convene in
closed session to discuss with the City Attorney pending litigation involving
PFAS. Ayes- 5 -Nays - 0.
This portion of the meeting ended at 7:16 p.m.
Mayor Hooppaw and Councilmembers Bergman, Goodwin, Grendahl, and Melander convened in
the Regent Conference Room, at 7:21 p.m., along with City Attorney Dougherty, City Administrator
Lawell, City Clerk Gackstetter, Public Works Director Saam, and Finance Director Hedberg. Mr.
Dougherty advised the Council that its discussion must be limited to matters for which the meeting
was closed and if issues are discussed outside of this meeting the attorney-client privilege will be
lost. Discussion followed regarding the pending PFAS litigation. The Council reconvened in open
session at 7:42 p.m.
MOTION: of Bergman, seconded by Grendahl,to adjourn. Ayes - 5 -Nays - 0.
The meeting was adjourned at 7:43 o'clock p.m.
Respectfully Submitted,
acp,0 �
Pamela J. G c st e , City Clerk
Approved by the Apple Valley City Council bk voe-v�
on 12/14/2.3 Clint Hooppaw, Mayor